[Senate Executive Report 107-5]
[From the U.S. Government Publishing Office]
107th Congress Exec. Rpt.
SENATE
2d Session 107-5
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TREATY WITH NIUE ON DELIMITATION OF A MARITIME BOUNDARY
July 31, 2002.--Ordered to be printed
_______
Mr. Biden, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany Treaty Doc. 105-53]
The Committee on Foreign Relations, to which was referred
the Treaty Between the Government of the United States of
America and the Government of Niue on the Delimitation of a
Maritime Boundary, signed in Wellington on May 13, 1997, having
considered the same, reports favorably thereon, and recommends
that the Senate give its advice and consent to the ratification
thereof as set forth in this report and the accompanying
resolution of advice and consent to ratification.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................1
III. Summary of Treaty Provisions.....................................3
IV. Entry into Force.................................................3
V. Committee Action.................................................3
VI. Text of Resolution of Advice and Consent to Ratification.........4
I. Purpose
The sole purpose of the agreement is to establish the
maritime boundary between American Samoa and Niue.
II. Background
The treaty was submitted by President Clinton on June 23,
1998. The Bush Administration has indicated that it supports
ratification of the treaty.
Prior to the 1970s, the need to establish maritime
boundaries generally arose only between states that were
closely adjacent. But advances both in the technology available
to exploit the resources in and under the ocean and in the law
of maritime zones during the 1970s and 1980s have caused the
issue to arise with much greater frequency. During this period,
states began claiming territorial seas up to 12 miles rather
than the traditional three miles, and a number of states began
to lay claim to national resource zones of up to 200 miles from
their shores. These claims gained recognition and approval in
the United Nations Convention on the Law of the Sea, which was
concluded in 1982 and entered into force in 1994. The Law of
the Sea Convention provides that states may claim a territorial
sea up to 12 nautical miles from coastal baselines, a
contiguous zone of up to 24 nautical miles from the same
baselines, and an Exclusive Economic Zone (EEZ) of up to 200
nautical miles. Consequently, as more and more states have
claimed a wider territorial sea and, even more importantly, an
EEZ, more and more overlaps with the claims of adjacent and
opposite states have arisen, and the need to delimit maritime
boundaries has increased.
The United States is not a party to the Law of the Sea
Convention. It has, however, expanded its maritime zones. In
1976, the Magnuson Fishery Conservation and Management Act
required the President to establish fishery conservation zones
of up to 200 miles for the United States and its territorial
possessions. In 1977, the State Department designated such
zones for the United States and its territories, including the
island territories in the south Pacific, stating that it did so
``without prejudice to any negotiations (with adjoining states
or territories) or to any positions which may have been or may
be adopted respecting the limits of maritime jurisdiction in
such areas.'' Subsequently, in 1983, President Reagan
proclaimed a 200-mile EEZ for the United States, including its
territories and possessions. Where the EEZs overlapped with
those of other states, President Reagan's proclamation provided
that a maritime boundary with the other state would be
determined ``in accordance with equitable principles.''
Such overlaps were endemic among the islands in the south
Pacific. With respect to American Samoa, both the island state
of the Cook Islands and the island territory of Tokelau
(belonging to New Zealand) laid claim to EEZs of 200 mile in
1977, and the island state of Niue did so in 1978. All of these
overlapped with the fishery zone the United States claimed
around American Samoa. As a consequence, in 1980, the United
States concluded maritime boundary treaties with the Cook
Islands and with New Zealand (on behalf of Tokelau) that used
lines between equidistant points to demarcate the boundaries
between these islands and American Samoa.'' These boundaries
modified somewhat those that had been set for the fishery zone
around American Samoa. For the Cook Islands, the treaty created
a maritime boundary that is 566 nautical miles long and
utilizes equidistant points ranging from 120 to 199 nautical
miles from each Party. For Tokelau, the treaty resulted in a
maritime boundary that is 318 nautical miles long and that
utilizes equidistant points ranging from 48 to 162 nautical
miles from each Party.
According to the State Department's submission, no special
problems prevented finalizing a maritime boundary agreement
with Niue, except the need for more accurate data on the
baselines used to determine the location of equidistant points.
Once that technical work was completed, and after New Zealand
confirmed the competence of Niue to enter into a maritime
boundary agreement, this agreement was concluded. It provides
for a maritime boundary that is 279.1 nautical miles in length
and utilizes equidistant points ranging from 139.6 to 199.3
nautical miles from each Party.
III. Summary of Treaty Provisions
The proposed treaty with Niue is similar in form to those
previously concluded with the Cook Islands and with New Zealand
on behalf of Tokelau. The Letter of Submittal from the
Secretary of State to the President, dated May 27, 1998,
explains the Treaty in detail, and is set forth in full in
Treaty Document 105-53. What follows is a summary of each
article.
Article I states that the sole purpose of the agreement is
to establish the maritime boundary between American Samoa and
Niue.
Article II designates the data bases used for plotting the
boundary to be the North American Datum 1983 and the World
Geodetic System 1984 (these were not available for the Cook
Island and Tokelau agreements).
Article III sets forth the coordinates that are used to
define the boundary.
In Article IV, in language identical to the Cook Island and
Tokelau agreements, both Parties relinquish all claims to the
waters, seabed, or subsoil on the other side of the maritime
boundary.
Article V, again in language identical to that used in the
Cook Island and Tokelau agreements, further delimits the scope
of this agreement by stating that it ``shall not affect or
prejudice in any manner either Party's position with respect to
the rules of international law relating to the law of the
sea.''
Article VI commits both Parties to resolve any dispute over
this agreement ``by negotiation or other peaceful means.''
Article VII establishes the date of the exchange of
instruments of ratification as the date the agreement shall
enter into force.
IV. Entry into Force
The treaty enters into force on the date of the exchange of
instruments of ratification.
V. Committee Action
The Committee held a hearing to review the Treaty on May 7,
2002. \1\ On July 25, 2002, the Committee considered the
Treaty, and ordered it favorably reported by voice vote, with
the recommendation that the Senate give its advice and consent
to the ratification of the Treaty.
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\1\ The hearing print of this hearing is forthcoming.
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VI. Text of Resolution of Advice and Consent to Ratification
Resolved (two-thirds of the Senators present concurring
therein), That the Senate advise and consent to the
ratification of the Treaty Between the Government of the United
States of America and the Government of Niue on the
Delimitation of a Maritime Boundary, signed in Wellington on
May 13, 1997 (Treaty Doc. 105-53).