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tween fishing States and coastal States concerning management of fish stocks, as well as empowerment of regional fishing compacts; establishment and apportionment of responsibility between the coastal States and flag States to take measures to protect the marine environment; creation of special regimes for the management and protection of marine mammals, anadromous (salmon) and highly migratory (tuna) fish species; and establishment of a broad range of dispute settlement options so that universal participation would be reasonably assured. However, as noted above, Part XI of the Convention established a regime governing deep seabed mining which was objectionable to the United States and other industrialized countries.

 

EFFORTS TO REFORM THE CONVENTION
In 1990, then U.N. Secretary-General Javier Perez de Cuellar convened informal meetings in New York to begin negotiation of a multi-lateral instrument which would correct the objectionable portions of Part XI. The objective was universal adherence to the Convention. Approximately 30 developing and developed countries, including the United States, participated in the discussions which resulted in adoption by the U.N. General Assembly of an Agreement Relating to Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea (Agreement), on July 28, 1994.

 

The Agreement modifies the objectionable provisions of Part XI and related Annexes to create a new deep seabed mining regime. The substantial modifications accomodate the objections of the United States and other industrial nations. It provides a stable and internationally recognized framework for mining to proceed in response to any future demand for minerals.

 

As detailed in Tab B, 125 entities (123 independent States, the Cook Islands and the European Economic Community) have now agreed to apply the Agreement provisionally, including the United States and other major industrial nations. The Agreement has been provisionally applied since November 16, 1994, and is expected to enter into force by mid-1996 for States that have consented to be bound.

 

VITAL NATIONAL SECURITY INTERESTS ARE ADVANCED BY THE UNITED STATES BECOMING A PARTY TO THE CONVENTION
National security interests have been a critical component of the 25 year effort to achieve a comprehensive Convention. They were at the heart of the Reagan, Bush and Clinton Administrations' policy of finding a satisfactory solution to the Part XI problem that would enable the United States to become party to a widely ratified Convention.

 

The national security interests in having a stable oceans regime are, if anything, even

 

 

 

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