¹ Developments of general scientific interest are reported in Oceanography and Marine Biology, Annual Review edited by Harold Barnes (Hafner Publishing Co.). Expenditure on oceanographic research has soared in many countries and much of this is, of course, for strategic reasons.

² Marx, Wesley, The Frail Ocean (New York, Ballantine, pocket book edition, 1969).Google Scholar Though journalistic in style, this book should be on the desk of every one interested in marine resources.

³ Boasson, Charles, “Sociological Excursions along International Rivers,” Symbolae Verzijl, edited by Asbeck, F. van a.o. (Nijhoff, 1958) 52–66Google Scholar at p. 60.

⁴ Darlington, C. D., The Evolution of Man and Society, (London, Allen and Unwin, 1969) 33.Google Scholar

⁵ Ibid.

⁶ Legal, precedent-oriented, thinking is also slow in “catching-up” with the rapidly changing scientific requirements and should be much more science-orientated. A laudable and brilliant exception is Johnston, Douglas M., The International Law of Fisheries, (Yale University Press, 1966).Google Scholar The present writer owes much to this thought-provoking work.

⁷ This plea by Grotius appeared originally in 1608. See also Fahl, G., Der Grundsalz der Freiheit der Meere in der Staatenpraxis von 1493–1648, (Hamburg, Max Plank Institut für Völkerrecht, vol. 51, 1969).Google Scholar

⁸ See Pauw, Frans Eric René de, Het Mare Liberum ban Grotius en Pattijn, (Bruges, Die Keure, 1960).Google Scholar An interesting book review and extensive discussion by Fortuin, H.also in Dutch in (1962) 9 Netherlands International Law Review 294–302.CrossRefGoogle Scholar

⁹ A peculiar and remarkable sinner in this respect is Myres S. McDougal: when pressed to admit “that freedom of the seas is no longer a valid rule”, he took refuge in the “unwillingness of the Major States of the world” to do what is necessary for a “principle of common interest for mankind in a regulated high sea, carried out by some general international organization”. And thus he hopes (sic) that “the laws of the particular states which are doing the exploiting” (much like the “freedom” of Grotius!) will be of benefit. See McDougal, Myres S. “International Law and the Law of the Sea” in The Law of the Sea edited by Alexander, Lewis M. (Ohio State University Press, 1967) 3–25Google Scholar, in particular at p. 24.

¹⁰ McDougal's mistaken (naive if not mischievous) dictum runs “…it is in the best interests of the peoples of the world to have the narrowest possible territorial sea … There is not any need even for a three mile territorial sea”. To which the present writer reacted: “his attitude, and perhaps that of most contributors to this symposium, is onesidedly in favour of nations with a strong navy, a strong merchant fleet, a strong fishing fleet and with all kinds of equipment to outstrip the naval and engineering effort of smaller competitors”. See a review by Boasson, Charles of The Law of the Sea, ed. by Alexander, Lewis in (1968) 6 Sydney Law Review 140–4, at 144.Google Scholar

¹¹ Fortuin (see supra n. 8) also stresses that aspect of Grotius' Mare Liberum.

¹² Translated from the Waesberg edition (1701) which also includes the Mare Liberum. The text runs (Liber II § III 1, at p. 185, 186): “Est enim tanta maris magnitudo, ut ad quemvis usum omnibus populis sufficiat, ad aquam hauriendam, ad piscatum, ad navigationem”.

¹³ Quoted from Eurich, Nell, Science in Utopia, A Mighty Design (Harvard University Press, 1967) 168.CrossRefGoogle Scholar

¹⁴ An early study without specific marine reference came from Israel. Mendelsohn, H. “Mass Destruction of Birdlife in Israel owing to Secondary Poisoning from Insecticides and Rodenticides” (1963) 9 Int. Coun. of Bird Preservation 69–70.Google Scholar For marine references see inter alia: Coulson, J. C., Potts, Deans and Fraser, “Mortality of Shags and other Sea Birds caused by Paralytic Shellfish Poison” (1968) 220 Nature 23, 24CrossRefGoogle ScholarPubMed; Korringa, P., “Biological Consequences of Marine Pollution with Special Reference to the North Sea Fisheries” (1968) 17 Helgoländer Wissenschaftliche Meeresuntersuchungen 126–40CrossRefGoogle Scholar; Wood, P.C., “Dinoflagellate Crop in the North Sea” (1968) 220 Nature 21.CrossRefGoogle ScholarPubMed

¹⁵ Paul Kaufman, the engineer, who has done pioneering work in sweet water measurement and control in general and Israel legislation in particular, told me this during personal discussions on his plans for Arid Zones and Developing Countries. These discussions were as recent as Spring 1970 and compelled me to rewrite this part of the article. See Eek, Hilding, The Hydrological Cycle and the Law of Nations (Göteborg, Almquist and Weksell, 1965)Google Scholar. See also Scandinavian Studies of Law (1965) 51–91 at p. 55. It seemed still up-to-date at that time to speak only of “attempts” at desalination of water from the oceans (id. p. 55).

¹⁶ Kaufman thinks that such a use will not have adverse ecological consequences. In order to be used, the sea must be as unpolluted as possible. Yet a few sentences of Nietsche's famous “God is dead” come in mind: “Whither is God”, he cried. “I shall tell you. We have killed him, you and I. All of us are his murderers—But how have we done this? How were we able to drink up the sea? Who gave us the sponge to wipe away the entire horizon? …”

¹⁷ Marx, Wesley, The Frail Ocean, (op. cit. supra n. 2)Google Scholar has a chapter “The Wrecked Nurseries”, p. 83–97, on the risks of artificially heightened temperatures for “anadromous” fish, which means “upward running”, spawning in sweet water rivers or mountain streams which belong to the total ecological marine network.

¹⁸ On the Torrey Canyon (a Liberian giant tanker) case the Board of Investigation of the International Maritime Committee recommended, in a decision rendered at Genoa on 2.5.1967, to revoke the Italian captain's licence. C.M.I. T.C. (1967).

¹⁹ See for a more elaborate discussion: Scheffer, H E., “Nieuw rechtsregime met betrekking tot verontreiniging von de zee door olie” (A new legal regime relating to pollution of the sea by oil), (1970) Nederlands Juristenblad (Netherlands Lawyers Journal) 427–36.Google Scholar

²⁰ See e.g. Borgstrom, Georg, The Hungry Planet (New York, MacMillan, 1965) 162–7.Google Scholar

²¹ Georg Borgstrom, id. pp. 280–3.

²² Aubert, Maurice, Cultiver l'Ocean, (Paris, Presses Universitaires de France, 1965)Google Scholar chapter II § 3 on “direct and indirect” contributions to human nutrition. The remarkable Jules Verne also foresaw the value of algae as foodstuffs.

²³ Maurice Aubert, ib. Wesley Marx, (op. cit., supra n. 2) Chapter 2, “The Tainted Sea”.

²⁴ Maurice Aubert, ib. As to the biological aspects, see: den Hartog, C., The Sea Grasses of the World, (Amsterdam, North Holland Publishing Co., 1970).Google Scholar

²⁵ Compare: Weissberg, Guenther, Recent Developments in the Law of the Sea and the Japanese-Korean Fishery Dispute (The Hague, Martinus Nijhoff, 1968.)Google Scholar For the text of the agreement see The Japanese Annual of International Law, No. 10 (Tokyo, The Japan Branch of the I.L.A., 1966) pp. 264–83.

²⁶ Quoted from: Towards a Better Use of the Oceans, edited by the Stockholm International Peace Research Institue, (1968) 182.

²⁷ “Ocean Mining” AG, of Zug, Switzerland. See: Bascom, Willard, “Mining in the Sea”, Chapter 10 of Alexander, Lewis M., ed., (op. cit., supra n. 9,) at p. 161.Google Scholar

²⁸ Willard Bascom, id. 163.

²⁹ Proceedings of the U.N. Scientific Conference on the Conservation and Utilization of Resources (Lake Success, 1950) especially Vol. I, pp. 93–110. Compare: G.J.N. Wynand, “A Dutch Aladdin's Lamp” (1964) 7 (1) Delta.

³⁰ See e.g., Maurice Aubert, (op. cit., supra n. 22) Chapter II, 1.

³¹ Foxboro advertised over the years their chlorine analyzers, turbidimeters and general waste treatment systems.

³² Article 6 runs as follows:

1. A coastal State has a special interest in the maintenance of the productivity of the living resources in any area of the high seas adjacent to its territorial sea.

2. A coastal State is entitled to take part on an equal footing in any system of research and regulation for purposes of conservation of the living resources of the high seas in that area, even though its nationals do not carry on fishing there.

3. A State whose nationals are engaged in fishing in any area of the high seas adjacent to the territorial sea of a State shall, at the request of that coastal State enter into negotiations with a view to prescribing by agreement the measures necessary for the conservation of the living resources of the high seas in that area.

4. A State whose nationals are engaged in fishing in any area of the high seas adjacent to the territorial sea of a coastal State shall not enforce conservation measures in that area which are opposed to those which have been adopted by the coastal State, but may enter into negotiations with the coastal State with a view to prescribing by agreement the measures necessary for the conservation of the living resources of the high seas in that area.

5. If the States concerned do not reach agreement with respect to conservation measures within twelve months, any of the parties may initiate the procedure contemplated by article 9.

For the text see also: The Work of the International Law Commission (U.N. Publication 67. V. 4) p. 112.

³³ An excellent survey of this problematic field is to be found in: “Proposed Commission for Tuna Conservation” (1967) 61 A.J.I.L. 673.

³⁴ The text of this treaty in The Japanese Annual of International Law, No. 10 (1966) pp. 263–83.

³⁵ See Final Act of the Fisheries Policing Conference, London 31.3.1966–17.3.1967, article 9, about authorized officers and their right to board vessels, sub-paras (5) and (6) and (14) about reservations. Compare: van Lynden, D.W., “The Convention on Conduct of Fishing Operations in the North Atlantic, 1967” (1967) 14 Netherlands International Law Review 245–58CrossRefGoogle Scholar, and the text of the Final Act pp. 329–344.

³⁶ See as to this: Molen, Gesina H.J. van der, “The Principle of Abstention and the Freedom of the Seas” (1959) 6 Netherlands International Law Review, special issue, Liber Amicorum, J.P.A. Francois, pp. 203–12.Google Scholar And further: United Nations Conference on the Law of the Sea, Summary Records 155 (U.N. Doc. No. A/COMF. 13/44). Compare: Francis Christy, T. and Scott, Anthony, The Common Wealth in Ocean Fisheries (Baltimore, John Hopkins Press, 1965) p. 73Google Scholar, p. 187 and passim.

³⁷ U.N. Gen. Ass. A/6695.

³⁸ At the time the Women's International League for Peace and Freedom came out with fullhearted praise for the Malta resolution; see: Pell, Orlie, “The New International Frontier, No National Sovereignity over the Ocean Floor”, (1968) 33 Pax et Libertas 12.Google Scholar

³⁹ The proceedings in the U.N. are ably summarized in the I.L.A. Committee Report to the Hague (1970) Conference. This Committee chaired by Prof. D.H.N. Johnson of the U.K. is composed of members almost exclusively drawn from developed countries, or countries which have the developed countries approach. Separate reports are submitted to that conference by the American, Australian and British branches. Compare also Kadane, J.B. (with Gamble, J.K. Jr.), “Quantitative Content Analysis of the U.N. Sea-bed Debate”, (1970) 24 (3) International Organization 479–502.Google Scholar

⁴⁰ Thirty-three countries submitted their commentary on the Malta resolution (A/AC 135/1/Add, 10) and the U.N. Secretariat supplied surveys on international agreements, national legislations as well as judicial and economic overviews (A/AC 135/10 Rev. 1; A/AC 135/11 Add. 1; A/AC 135/19/Add. 1 + 2 and A/AC 135/14). For a keen analysis see: Houben, P.H.J.M., “Zeerecht in de Diepte” (“Marine Law in Depth”) (1969) 23 Internationale Spectator 830–850.Google Scholar

⁴¹ Foighel, Isi, “The North Sea Continental Shelf Case” (1969) 39 Nordisk Tidsskrift for International Ret (Acta Scandinavia Juris Gentium) 109–27Google Scholar, at p. 125.

⁴² Ibid.

⁴³ Id. p. 112.

⁴⁴ See Klausner, Arne Martin, Kerala Fisherman and the Indo-Norwegian Pilot Project (Oslo, U.P., 1968).Google Scholar

⁴⁵ See: Brown, Lester, Seeds of Change, The Green Revolution and Development in the Seventies (New York, 1970) pp. 146, 147, 153 and 154Google Scholar.