I. INTRODUCTORY

58. At its first session held in 1949, the International Law Commission elected Mr. J.P.A. Francois as special rapporteur to study the question of the regime of the high seas. At its second session held in 1950, the Commission considered a report (A/CN.A/17) by Mr. Francois on the subject, In the report of the Commission submitted the same year to the General Assembly, at its fifth session, the Commission surveyed the various questions falling within the scope of the general topic of the regime of the high seas such as nationality of ships, safety of life at sea, slave trade, submarine telegraph cables, resources of the high seas, right of pursuit, right of approach, contiguous zones, sedentary fisheries, and the continental shelf. On the basis of a second report of the special rapporteur (A/ N.4/42) most of these questions were reviewed at the third session in 1951 at which, in addition, the Commission adopted draft articles on the continental shelf and the following subjects relative to the high seas: resources of the sea sedentary fisheries, and contiguous zones.
59. At its fifth session, the Commission examined once more, in the light of comments of governments, the provisional draft articles adopted at the third session. Final drafts were prepared on the following questions: (i) continental shelf; (ii) fishery resources of the high seas; (iii) contiguous zone. For reasons explained below in paragraph 71, the question of sedentary fisheries has not been covered in a separate article or articles. It is hoped that the other questions relating to the high seas may, in the course of the next few years, receive further study with the view to being embodied in drafts to be finally submitted to the General Assembly. The result will be the codification of the law covering the entire field of the regime of the high seas as well as proposals for the further development of that part of international law.
60. In its work on the subject the Commission derived considerable assistance from a collection, in two volumes, published in 1951 and 1952 by the Division for the Development and Codification of International Law of the Legal Department of the Secretariat and entitled "Laws and Regulations on the Regime of the High Seas".

II. THE CONTINENTAL SHELF

A Draft articles on the continental shelf

61. As stated above in paragraph 58, at its third session held in 1951 the Commission adopted draft articles, with accompanying comment, on the continental shelf. Subsequent to the third session the special rapporteur re-examined thee articles in the light of observations received from the following governments: Belgium, Brazil, Chile, Denmark, Ecuador, Egypt, France, Iceland, Israel, the Netherlands, Norway, the Philippines, Sweden, Syria, the Union of South Africa, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Yugoslavia. The observations of governments are reproduced in Annex II to the present report, In March 1953, the special rapporteur submitted a further report on the subject (A/CN.4/60). The Commission examined the report in the course of its fifth session at its 195th to 206th, 210th and 215th meetings.
62. The Commission adopted, at its 234th meeting, the following draft articles on the continental shelf:

Article 1

As used in these articles, the term "continental shelf" refers to the sea-bed and subsoil of the submarine areas contiguous to the coast, but outside the area of the territorial sea, to a depth of two hundred metres.

Article 2

The coastal State exercises over the continental shelf sovereign rights for the purpose of exploring and exploiting its natural resources.

Article 3

The rights of the coastal State over the continental shelf do not affect the legal status of the superjacent waters as high seas.

Article 4

The rights of the coastal State over the continental shelf do not affect the legal status of the airspace above the superjacent waters.

Article 5

Subject to its right to take reasonable measures for the exploration of the continental shelf and the exploitation of its natural resources, the coastal State may not prevent the establishment or maintenance of submarine cables.

Article 6

1. The exploration of the continental shelf and the exploitation of its natural resources must not result in any unjustifiable interference with navigation, fishing or fish production.
2. Subject to the provisions of paragraphs 1 and 5 of this article, the coastal State is entitled to construct and maintain on the continental shelf installations necessary for the exploration and exploitation of its natural resources and to establish safety zones at a reasonable distance around such installations and to take in those zones measures necessary for their protection.
3. Such installations, though under the jurisdiction of the coastal State, do not possess the status of islands. They have no territorial sea of their on and their presence does not affect the delimitation of the territorial sea of the coastal State.
4. Due notice must be given of any such installations constructed, and due means of warning of the presence of such installations must he maintained.
5. Neither the installations themselves, nor the said safety zones around them may be established in narrow channels or on recognized sea lanes essential to international navigation.

Article 7

1. Where the same continental shelf is contiguous to the territories of two or more States whose coasts are opposite to each other, the boundary of the continental shelf appertaining to such States is, in the absence of agreement between those States or unless another boundary line is justified by special circumstances, the median line every point of which is equidistant from the base lines from which the width of the territorial sea of each country is measured.
2. Where the same continental shelf is contiguous to the territories of two adjacent States, the boundary of the continental shelf appertaining to such States is, in the absence of agreement between those States or unless another boundary line is justified by special circumstances, determined by application of tie principle of equidistance from the base lines from which the width of the territorial sea of each of the two countries is measured.

Article 8

Any disputes which may arise between States concerning the interpretation or application of these articles should be submitted to arbitration at the request of any of the parties.

III. FISHERIES

92. The question of fisheries, under the title of "Resources of the sea", has been under consideration by the Commission as part of the general topic of the regime of the high seas. Reference is made to the introductory paragraphs of the present chapter for a survey of the treatment of the subject by the Commission.
93. At its third session in 1951, the Commission adopted provisionally the articles on resources of the sea. During its fifth session, the Commission reconsidered these articles in the light of observations sent by the following countries: Belgium, Brazil, Chile, Denmark, Ecuador, France, Iceland, the Netherlands, Norway, the Philippines, Sweden, Syria, the Union of South Africa, the United Kingdom of Great Britain and Northern Ireland, Yugoslavia. The observations are reproduced in Annex II to the present report. The Commission discussed the revision of the articles at its 206th to 210th meetings.
94. The Commission adopted, at its 210th meeting, the following three draft articles covering the basic aspects of the international regulation of fisheries:

Article 1

A State whose nationals are engaged in fishing in any area of the high seas where the nationals of other States are not thus engaged, may regulate and control fishing activities in such areas for the purpose of protecting fisheries against waste or extermination. If the nationals of two or more States are engaged in fishing in any area of the high seas, the States concerned shall prescribe the necessary measures by agreement. If, subsequent to the adoption of such measures, nationals of other States engage in fishing in the area and those States do not accept the measures adopted, the question shall, at the request of one of the interested parties, be referred to the international body envisaged in article 3.

Article 2

In any area situated within one hundred miles from the territorial sea, the coastal State or States are entitled to take part on an equal footing in any system of regulation, even though their nationals do not carry on fishing in the area.

Article 3

States shall be under a duty to accept, as binding upon their nationals, any system of regulation of fisheries in any area of the high seas which an international authority, to be created within the framework of the United Nations, shall prescribe as being essential for the purpose of protecting the fishing resources of that area against waste or extermination. Such international authority shall act at the request of any interested State.

IV. CONTIGUOUS ZONE

105. As part of the work on the regime of the high seas the Commission adopted, at its 210th meeting, the following single article on contiguous zone:
On the high seas adjacent to its territorial sea, the coastal State may exercise the control necessary to prevent and punish the infringement, within its territory or territorial sea, of its customs, immigration, fiscal or sanitary regulations. Such control may not be exercised at a distance beyond twelve miles from the base line from which the width of the territorial sea is measured.