The news magazine of the South Pacific · since 1930

Pacific Islands Monthly, 1 July 1973Vol. 44, No. 7

waive the rules

p. 53 · Read in the full issue

They want to waive the rules in order to rule the waves

Fiji has a common cause with Indonesia, the Philippines, Mauritius and Papua New Guinea—how to exercise greater control of the waters of an archipelagic state. A case is now being prepared to go to the United Nations conference on the law of the sea in November.

Fiji’s Attorney-General, Mr John Falvey, raised the matter for informal discussion at a recent Commonwealth law ministers’ conference in London, and was promised British Common wealth support for the principle of archipelagic control. At present, the generally accepted international law confines control of the sea within a three-mile limit round each island.

Australia, on behalf of Papua New Guinea, is expected to join Indonesia, the Philippines, Mauritius and Fiji, in urging the United Nations to adopt the archipelagic principle.

Three basic principles in the archipelagic theory are: • A state may draw straight base lines connecting the outermost con stituent islands and dry reefs and may use the lines for extending the territorial area; • Waters inside the baseline belong to the state; • Innocent passage of foreign vessels will be allowed according to national law, and current rules of international law and in fixed sea lanes.

For Papua New Guinea, adoption of the archipelagic principle would cover waters between the mainland and the outer islands, from Manus to Bougainville. In Fiji, the rule would give the government control of the 50 mile stretch between Viti Levu and Kadavu, There would also be control of the waters of the Koro Sea, through which international

sealanes pass.

The countries concerned would have exclusive rights to exploit marine resources, fish and seabed mineral and petroleum resources. They would be able to control security and pol lution. Foreign vessels using these waters would be subject to police and customs requirements in the public interest.