VOLUME II
DOCUMENTARYANhrEXES
TO THE COUNTER-MEMORIALOF THE
LIBYAN ARA3 JAMAHIRIYA
Annex 1
TUNISIAN PRIME MINISTER D SCLARATIO ON 29DECEMBE 1980
[Arabic text not reproduced]
Tunis 29 12 80
Tunisia News Agency
Mzali and the TunisianLibyan Relations
During the speech made this eveninat theend of the Tunisian Assembly's
discussions, Mr. Mzali declared,
"We are stillery keen on rnaintaining Our fnendly, confidential and
co-operfilivc relalionshp witOur hrntherly Lihyan Jamahiriya, and id
putting aside any misunderstandings which have wçurred in the past. A
1;iirMuand çunsciçntioiis politicisone wliolooks tohisfuture rathçr
thandvelling on his pastAs advcrcateof friendship, hrotherhocld and
CO-apcrationhetweenus and Libya,wehupc that ot theend ~11980wi:shall
[enninale al1uur misunderstandinand that sufficient effort wiiiindç
frtrdialoguand reproachment hased on mutual respccof cach othcr and
eaçh uthcr's sovcrcignty.Any dialogue based on such rewillcerlainly
codlribule lu o better understanding betweenone another."
The PrimeMinister, recallingthcprnposals madchyhim last summcr in whch
liewught tu impruvc Lihyan/'l'unisian relations. said,
"With rhe will of God, we shall work together in order to end the .
continentashelfproblem forthe sakofthetwo brotherly peopleswhohave
amrnrnon elhnic origiand a commoncivilization, and ihatthis will ae
firu step towards unifying our capabilities.
While we have no objection to allowing the legal issues to take their
wurse! we should think of establishiajoint Company which would be
* A5 thespdlingsof Arabic place namesare phonetic,thereare certainvariations
belwm the place names used inthe textof the Counter-Mernorialt,he Technical
AnnexescontainedinVolIIIand thosusedinthetranslationsappearingintVol.II.
ln $5 rapecr. hnnex1-28to the hbyan Mernorienurneratessomeof the principal
variauons. DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 351
charged withexploitingthedisputedareaequally.Ifweachievethisgoal,we
wouldhave succeededin gaining theconfidence of Ouryouth inTunisia, in
theJamahiriya and inthefuture. Weshouldnot forgetthat anypossibilities
wemight pursuewithour Arabcountrieswillbeof great benefitto al1Arab
people,and if wereallydo believein the Arab welfare,it wouldbe a pity to
waste years merely discussingthe different aspects of co-operation in al1
fieldscontained in the agreements signed betweenthe twocountriesin 1972
and 1973.There are 14such agreements whichmust be injected with new
life.
Ifwecouldchannel thewater backonitscourseandestablish positiveand
bilateral co-operation, and if we could resolvethe continental shelfb-
lem,wewould then be in the middleof the coursewhichteads us to unity.
However,if this isjusta dream, it would remain thedream of the Tunisian
and Libyanyouths,until God helpsustoresolveit and until thewisdomand
the perceptive politicalviewrealizes this dream."
Mr. Mzali also said,
"We areencouraginginvitationsforinformal visitsbetweenus.So1have
addressed to the Libyan Foreign Minister an officia1invitation to visit
Tunisia, and 1shall have the honour to make an officialvisit to Libya in
response to the Libyan Government'sown invitation." CONTINENTAL SHELF
Annex 2
PAGE39OF
MEDITERRANE PINOTM T HDITIOH.YDROGRAPH OFTHENAVYT, AUN-
TON,ENGLAND 1,976,VOL.V
PAGE S74,17AND 360OF
MEDITERRANE PINOTWH EDITIONT,AUNTONE,NGLANH,YDROGRAPHER
OF THENAVY,1974VOL.1
PAGE169OF
MEDITERRANE PALOT: IOTHEDITIOT,AUNTONE,NGLANDH,YDROGRA-
PHEROFTHENAVY,1978,VOL.1[1751 DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 355
,,,.e,qir?aivhiic rnasonry towcr (rtd top; clevaiion ol iLThcrc isa bar ithc eniruicc wiih r dcpthom I(3 fi)
;.i0 (18R);Wo redcones.bases togeihcr. topmark). over il.
.A 1izh1hi-L~(~!~ack and vhiic buids conicd; lighi A cisum standr 24 rnilaWNW of the ton, ad i hur
o;.-~iiin*hi.t evcry 6 seconds; rsdar rcnecror;IWO stands2milesESE ofthc ïarL
ir.-.:pob4 up. topmark) is moored 2! miles NE or the J Mal iacams in thechannel ibrcasi the fort aitiin
towrron RLSZ~ra. rait 014knorsai springs.
El siban fon stands on M isleii ~hcrntrancc 10 Betwan thecnirmcc ollhis lagwn and Ru Ajdir. 131
Ba-;;n cl Biban.se below. miles SE, ir i chainor maiil hummockr,many of
anchorap cm beobtained on ihc E sidc of Bank & vhich arcsurmounicd by mifis. Thc only ont &JI can
BZx. viih ihc$on ai the entranecw Bahirct cl Biban
!O be idenlilicd wilhnnrinty ir thai on Rai el Ketcl.
t:=<nz 185" disiaci aboui S~.rniles.iria dtpih of 7-3rn which standson a white cl14 lof milmESEof W Biban
i?:::):or wirh rhc fort bcarin~ 23j0, dislani hout 3 tort.
ai:%. ina dcplh OF5.5rn (18 RI .he holding ground ii Shoatr.wiih1 Icat dcpth of 8m5(28 Fimw rhtm.lic
c,~::icn~ about IImilesNHE ol Rascl Kcuï.
7.W Bahirci el Biban irenttrrd by narrow channel IS Fori descripiiar Rai Ajdir (33' ION, IIa 33'0.
k:z :=a theiiltwithrh: fon on is ind rhcisl:r next E of and thecotrt ïirthtr Esc~~ftditerranmPilot.VDIV. .
PUBLISHED BY THE HYDROGRAPHER OF THE NAVY356 CONTINENTAL SHELF 13601
Chmt 1162, ~-ithplan01 S~U.
Tbc channel is marked on itsnorth-castern sidc at its outcr end ba
conical iight-buoy, paintcd in black and white chequers and cxhibiting
agreen light ocdiingsiny five sccondrand thence by Pio. 1Iight-bu-.
5 exhibithg agrernjurd light, andSOS.3,5,7 and 9Light-btacons,painted
black and white,nlsocshibitinggrernfîxcd lights. On itssouth-western
side it is muked ar itsouttr end by a conicll light-buoy, painted red,
and exhibitinga rrdlightocnrliitmq A sesmrdr,and thcnceby No. 1
light-buoyQhibiringa redfiredlight andSm. 4,6,8 andIO light-beacons,
IOpainted rd, ai- &biting redfird lights.
Anchwage.4utioa-Pila-e.-The roadstead off Sfax &or&
anchonge completetyshcitcrcd; whcn a frcfh brcczc blowing, however,
itisprudent to veer amplecable.
Vcopcisusualiy anchor with the ta11minaret in line with the light-
ISstnicture on thc qua'.,bcaring 310".
ircsscls shouLdnot anchor in the vicinity of the submarine cablc, the
route of nhich is indicated on the chart. Severai mooring buoyn are
situated on the route of the cabte.
Lcsswater was reported i1962 about 3) milcssouthsard of Sfaxlight-
20structure.
Pilotage(fer page 15),is compulsary for al1 vaels ovtr 100 tons
entering thebWn. The pilot should bc cmbarirtd in the roadstead,
bcfortentering the drtdged chuincl.
A pilot cm beordercd through Sfax Port radio haIfan hour beforethe
25vcascl'sarrivaat the buoysrnarkingthe cntrancc to the dredgcd chuinel.
Twclvc houn in adrance vwls should communicatc to the Captain of
thtPort their erpectcd timcof arrivaat the entruice togethcr withthtir
dnught,thcir lastportofcal]t,cir medicastateandthcir cargo(np&dy
if carrying duigerous matcriah).
90 Tidal &carni.-In the roadstead off Sfar, the floodtidal strcam
actsnorth-castward, andthe ebb south-~estward; at aprings they may
rnrin a rate of onhot.
The directionof the tidal Stream changes shortiy before the time of
hW-tidt, andthe grtatest rateisîttainedshortly beforchighand lowwatcr.
35 The tidd strem sctacrov thedredgcd channel, and are apprcciable
to within *out haif'amile of the cntrancc of the basin.
Lif~ving.-Lifc-sat-ing applianccs arc maintaincd nt Sfax (Lut.
34O44 N., Long. 10046' E.);set page 13,and "S.D. 100, The:lIaalltrs'
Handbwk".
40 Port facilities.-Signsls.-S rcg-nlaing entry and exit, (ut ,
page IO) ,rcshou-n.
Storm signal5arc displayed(rcepagc IO) ,ut ody whcn the vdocity
of the wind is cxpccttd to exceed20knots.
A British ConsularoEcer rcsidcsin Sfax.
45 Thcrc is a hospital.
\Vateris laior1to the qua>%A stockof coalis rnaintained. Four nigs
are availablc. Thcrc arc numcrous crancs up to 60,tons tifringcapaci~.
For De-ratting,setpage 17.
Trade.-The principal exports are phosphates, csparto gr-, sponges
50and data.
Climt 3327.
Cour+-Light.-IVithin 15 miles sourh-\vestr\-ardof Sfaxand visible
from steward, areSidi.Xbid,the itighthouand 1iiUoEkosnRas Tina. Sidi
3lohamed Bou.&zinc, and, south-\vtst\rard of the niined village oi [1691 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 357
E::;?-ZI!I(7.70).The wawud edge ofrhcsc banksire bclow) standson theNE ride ofthcbarks. 7 milesSSEof
f:;i;c'y sbsaIbinisand mukcd bylilht.buoys. Maruki Bucon.
Tt.: ;i!d!oucr puCsof ihcsebanks arc Uiterwctcdby El Mzeôl8kacoq 8 rn high (rcd at tht top andwhiic
cl;-:::,% s:e:psidcd channelk bclow) rtads Mar ihc Etxmmity olihc banks,54milcs
SEor ElBarmi Bcacon.
Dircctionr tnd atxhoragc. Ifihe weathcris tmlhick 10 5
~c\i;t.: îrom li$h:.buo? to lishi-bue! .nsclr should Sikii HsniiJa Beacoa 8 m high (rd it thciop and
le:? ..2.-pihror morethzn 18m (59.1~). white bclow) stuids ncarthe56 cxtrcmiiy of the banks.
Ai i:;inci. vhrn inthericinit). ofthe bnks. uiunding , 7)milci SSWof ElMzebla&.con.
$?,.xi:'econ6n!?oçs. Oucd Boa Znn Elcoson8 mhilh Id and whilc in
Rc:;xnrh bw.ks. in cornmonuith ail simihr ihoils IO horizontal bands)stmds on the SEUdcof thc banlis, 5
mT !L: ;au1 of Tunisia. poswssone rcmarkiblc char=- miln WSW01SAir Hmida Bcacon.
Ris clBŒb Brwm, 8 m high(rd at thctopind white
1r:ii;i::hc su.ill from th: offinp diminijhcs rapidly in
::pi: lei; ihan IS m (49 11).50 iha in nclrly a!I bllov) standson ihc SWcrmmity or the banls, 6 milcr
Y a versetma? anchorvithout duilcr frorn swcll SW ofRu crSemounBcamn.
1;dti.:!jof i n (23 fi) andksr.This isductothc batmm 13 7.70 11esKtrkcnd arc low ind no1 cary lo
k.z': ;orcrcd uith a thick 'rouih of saivecd and iir disihguish rrnmscawud.
I:E;Yiix3 %CF gcni!:. ht Chqui thc lu~er and NE Uand. is dividcd ai
Tt.: ::3!$~7g yound in &encrai ü but it is springtidel. intû thm parts by shdl~wIagOansT. heNE
~Iriii?::io tttr plcniy of cabic, for in $orneparts ihc part isbarrcn anduninhnbitcd.but on the SW ind mort
&!IO?. :oniisï cfs.12randgmu& and in nhcrs rhcwccd 20 devatcd pie lhcre are numcmus villages. Among the
ii io t?..:; that the mchor canobiah bnlchold. sothat in IargcrriUatcr king Outid alKisitm andOdad Yant:.
ch:: :s:. \.cw:ls xc $ab!$todrag. Exccpt in ihc vicinitcf Oulad Yamg. mu thc SW
O;;?:.xa!!y d:;r:ssianr which form S of the Atlas cxtremiiy of tht idand, whereihcrc &re-me low diITsof
rro~r:~;:~more acrosrth: GuUof Gabk (7.79).usudl~ ehy. rhccouis arcevcrywhcrcIow.
h:idz; VE.Thou& rclaiively smaiirhcw uc romctirn& 25 A Gghl iscxhibiird from a black pcdcnd. 9m in
ticio-i z;d ma? C~UY gaiesinthisreon
hiilht.iiihr whiielop,sluidin~at theN txtrcrnity orte
7.69 Thcr: are nine Iight-buoy moorcd iround the Chersui(34' JQ N,IIo IS' E).
seau 2:-sidesof Kcrlcnnah brnkr A radiobeaconirinsmits lrorn El Aliui. 6 milu SSE
.\O 1 li3hidxo (black ind vhitc diilonal stripcs ofneCherguilight rtruaurc.
cosiz;:. lishi poup auhice 3 utht every 12 xconds; Ouid Mimoun, adtannel, n intcrcd about5 milcsSSE
rr?i; :e::nor: daude crosstopmuk) U mrcd 10mi14 or El Aiiai* and fiords accar 10ihc sali pans ai El
ESE c:%asKzbouCia. Abisiia fhc chuincl icrorr thebar hasbctn drcdged IO
.\o.: hghr-buoj (rcd andwhitemnicd; light oecultin~ a depthof 6 m (20 R)for a &th of 30m ind is mukcd
rcdc. :> 1!wcoedr; tro conn, b-es toscthcr.topmut) by buoys.
isnoo:k 6!miln SEof No. 1lizhi-buoy. Thii chuiwl rhould not be ittcrnptcd wiihoii local
.Vo .<!j8hr-buo (rd md whiic wnicd; light Sroup knowlalge.
Raihiri 3 red ivrT 12 seconds; iwo wnes. balcs Outd Srdumlicr rhout 3j milm w of Oued Mimoun
tozri::::. topml;lis rnoorcdS mils SEof No. 2 IishG id cl- W d iis enmnct is airipod beacon.12m high,
bl~).. rurmovntcdby two cones,pointstogcihcr.
.\'o: 1~hr.buoj (rcd;cd uhiic mnicd; lipht occulting 11.Rbirbi is the SW Uland. ind at thc middlc of it u
Cb... :ses iog:tt~, topma:k) ir moord 6fmilesSEor 1~0 thevillapcof htclita
Pwt Sidi Youssdlir~a~thc W ertremity ornt Rharbi,
';a ; :.;x;~bsoy. md 37milesSEof Ris Ilaboudia. uid twojeniesencloserhcharbour.
.A !.!,::.bvo(Jrcenconicat:lifihi gmupRashin$prcen; f hc cbanntl in10 thc port ir cnrcrcd about 1) mats
:no ;?:S. buts togcihcr. topmark) marks a wr~k 3 WN\V ofRmiSidi Yauswf. Ii vas drtdgcd. in 1966t,oi
r:..-SSEof ?;o.4light.buoy. depthof3 m (10Ir).
.\'.I-:::di-bëo.(rd a-d ubiit conicai;tiphi ofculiing Lighu are cxhibited ïrom tlircc pairs of bcacoris
::$ c.:.? li ic~oafs; :a<i: re.:rc:ar: rwo concs. biscl mirking the Channel;thosc on the N ride brin; paintsd
Cci?:?::. ioprnark)i;moorcd 13 milcs SSW of NO. 4 rd. andihoseon rkcS black.
Ris u Samounis1hcStxirrmity orllc Rharbi,andlies
y,. ,~.fCi-br-.(rcd and uhile bandscan; Lightgrnu? 41milesSE or Sidi Yousrel.On it standsr bcacon 15rn
tzi?:?. ? rrd ertc 9 seconds;two concs.points doun. high(rcdrnd white).
;C;iri:%+ir roortd 13!r;.i:ejU'SW of No. 5 1ight.buoy. Outd Simoun. a chinncl. lio about 1mileSof Ris es
.y?.':i~k!.biro(rcd anj \ibilc bandsfin; tight sraup Semoun.
lC.-. .,t1ii noor:d? 6!srmiles SE of cRUis.CSoS~mninwn. An oITshore oil drilling plailorrn (34. 18'h',
II* 24' EX markcdby two fircdrid lighis. issituacd 26
kr: .y.:.?O)(Jd* 37'9. 1IEOJ'E& milcsSE oi Ras CSEmoun
.\:*3 I!gkr.buo~ (rcd and white diapond stripes A lishi is cxhibitcd. ind a fog signasoundcd.from
sO:.:i: i;ht grog? fllrhing 3 white cvcrg 12 scconds; thc plairorm.
rtaz: ::::ciordolalt crois toprnuk) is moorcd 1I dcs In 1977. vvtriiothtr oildriUingpliiïorms wm undcr
2; RasesScmounbcr:on. consiruciion in the viciniiy of ihc ibovc-mentioncd
u$.....L~.buo~(rtd.mhi:c andblack bands:light flashiiig plairorm.
a.....zhi rcfl~:or)is moored about 6 miles SSEof 7-71 CinaI dcs Kerkennah berivccnihc low covt
ho. 5:~.it.bwy. andmarksauell.hcrd fringtd with shoals on the one hand, and Kerkennah
7.69 The s+auord sidcr orihe Kcrkcnnahbanksarc banks on the othcr.is ruiiable oniy brvuxlr diawing
di* -sied 5y unlkbczu-nu%rnbntoff*iort. las lhan 3rn110 ftI.
MiruLa Btason Brn high {blick md vhitc in No. O lighf-buoy(black conicrl; light occiiltinp whiie
ho'!r,l-.;li bxds) r:mdrnrar lhN tnd of the bmh. 20 cvcry 6 seconds;radar rrflcctor) is moord on ihc NW
si& dihe N ciitrrnx to CanJ desKerkennah,II milcr
ci:',SEor Ras cib bu di^
El Earani Btxo~ il m hi* (rd top hJI and white SSEorRas Kabudia (35' II'N,lf Io' Eh CONTINENTAL SHELF
Annex 3
PARAGRA7P HF
THE EXPLANATO MRY MORAND OFMTHE PRESIDENTOF THEUNITED NATIONS
THIRD CONFEREN CNETHE LAW OF THESEA
7. The Collegiumalso decided that having regard to theinappropnateness of
referring to the revised'taxfinal negotiating text, since there were some
outstanding issuesthat needed further negotiations, it seemedmoreappropriate
and advisable to give the revised text the title "Draft Convention (Informal
Text)". This text like its predecessor willbe informa1in character. It is a nego-
tiating text and not a negotiated text, and does not prejudice the position of any
delegation.
Article14
Combination01Merhodsjor DeterminingBaselines
The coastal Sfate may determine baselines in turn by any of the methods
provided for in the foregoing articles to suit different conditions.
Article15
Delimitationof the Territorial SeabetweenStates
wilhOppositeorAdjacentCoasrs
Where the coasts of two Stareopposite or adjacent to eachother, neither
of the two States isentitled, failing agreement between themto the contrary, to
extend its territorial sea beyond the median line every point of which is equi-
distant from the nearest points on the baselines from which the breadth of the
territorial seasof each of the two States is measured. The above provision does
not apply, however, where it is necessary by reason of historie tiile or other
special circumstances to delirnit the terriofrthe two-States away
which is at variance therewith.
Article16
Chartsand Listof GeographicalCo-ordinates
1. Thebaselinesfor measunng the breadth of the teseadetermined in
accordance with Articles7, 9 and 10,orlirniderived therefrom, and the
linesof delirnitationdrawn inaccordancewithArticles15,shalIbe shown
on charts afscaleor scalesadequate fordetermining them. Alternalis1ly,
of geographical CO-ordinatesof points, specifyingthe geodetic datum, may be
substituted.
2. The coastal State shalJgivedue publicity to such charts or lists of geogra- DOCUMENTARY ANNEXESTO COUNTER-MEMOFUAL 359
phical CO-ordinatesand shall deposit a copy of each such chart or list with the
Secretary-General of the United Nations.
Article 71
Non-ApplicabilityofArticles69 and 70
The provisions of Articles 69 and 70 shall not apply in the case of a coastal
State whose economy is overwhelrninglydependent on the exploitation of the
living resources of its exclusive economic zone.
Article72
Restrictionson Tronsferof Rights
1. Rights provided under Articles 69 and 70 to exploit living resources shall
not bedirectly or indirectly transferred to third States or their nationals by lease
or licence, by establishingjoint ventures or in any other rnanner which has the
effect of such transfer unless otherwise agreed upon by the States concerned.
2. The foregoing provision does not preclude the States concerned from
obtaining technical or financiai assistance frorn third States or international
organizations in order to facilitate the exerciseof the rights pursuant to Articles
69 and 70, provided that it does not have the effect referred to in paragraph 1.
1. The coastal State may, in the exercise of ils sovereign rights to explore,
exploit,conserveand manage thelivingresourcesinthe exclusiveeconorniczone,
take such measures; including boarding, inspection,arrest andjudicial proceed-
ings, as may be necessary to ensure cornpliance with the laws and regulations
adopted by it in conformity with this Convention.
2. Arrested vesselsand their crewsshall be promptly released upon the post-
ing of reasonable bond or other security.
3. Coastal State penalties for violations of fisheries regulations in the exclu-
siveeconornic zonemaynot include imprisonment, in theabsence ofagreements
to the contrary by the States coticemed, or any other form of corporal punish-
ment.
4. In cases of arrest or detention of foreign vessels the coastal State shall
promptly notify, through appropnate channels, the flagState of the action taken
and of any penalties subsequently imposed.
Delimitationof the ExclusiveEConomicZonebetweenStates with
OppositeorAdjocentCoasts
1. The delimitation of the exclusive econornic zone between States with
opposite or adjacent coasts shall be effected by agreement in wnforrnity with
' Thequestionof thelocationin thisConventionof thedefinitionof thernedianor
equidistancelineas includedinArticle 74,paragraph 4, of the ICNT/Rev.l, could be
left.forconsiderationintheDraftingCommittee.Article 74,paragraph 4,oftheICNT/
Rev. 1reads as follows:
"For thepurposesof this Convention,'medianor equidistanceline'means the
lineeverypointofwhichisequidisrantfromthenearestpointsofthebaselinesfrom
whichthe breadth of the territorialseaof each Stateis measured."360 CONTINENTAL SHELF
international law. Such an agreement shall be in accordance with equitable
pnnciples, employingthe median or equidistance line, whereappropriate, and
taking account of al1circumstances prevailingin the area concemed.
2. If no agreement can be reached within a reasonable period of time, the
States concerned shall resort to the procedures provided for in Part XV.
3. Pendingagreementasprovidedforinparagraph 1,the Statesconcerned,in
a spirit of understanding and CO-operation,hallmake everyeffort to enter into
provisional arrangements of a practical nature and, during this transitional
penod, not to jeopardize or hamper the reaching of the final agreement. Such
arrangements shall be without prejudiceto the final delimitation.
4. Where there is an agreement in force between the States concerned, ques-
tions relating to the delimitatiof the exclusiveewnomic zone shallbe deter-
rnined in accordance with the provisions of that agreement.
Arricle75
CharrsundLisfs oj GeographicalCo-ordinales
1. Subjectto thisPart, theouter iimitlinesof theexclusiveewnornic zoneand
the linesof delimitation drawn in accordancewith Article 74 shallbe shownon
charts of a scale or scalesadequate for determining them. Where appropriate,
lists of geographicalCO-ordinatesof points, specifyingthe geodeticdatum, may
be substituted for such outer-iimit lines or linesof delimitation.
2. The coastal State shall givedue publicity to such charts or lists of geogra-
phical CO-ordinatesand shall deposit a copy of each such chart or list with the
Secretary-General of the United Nations.
Article76
Definirionof the ContinentalSheif
1. Thecontinental shelfofa cmstal Statecomprisesthesea-bad and subsoilof
thesubmarineareasthat extendbeyondits territorial seathroughout thenatural
prolongation of itsland temtory to the outer edgeof the continental margin,or
to a distance of00nautical milesfrom the baselinesfrom which the breadth of
the territonal sea is measured where the outer edge of the continental margin
does not extend up to that distance.
2. The continentai shelfof a coastal State shall not extend beyond the iimits
provided for in paragraphs 4 to 6.
3. The continental margincomprisesthe submergedprolongation of the land
massof the coastalState, and consistsof the sea-bedand subsoilof the shelf,the
slopeand the rise.It does not includethedeepocean floorwithitsoceanicndges
or the subsoil thereof.
4. (a)For the purposes of this Convention, the coastal State shall establish
the outer edge of the continental margin whereverthe margin extends beyond
200 na~tical.rnilesfrom the baselinesfrom which the breadth of the territorial
sea is measured, by either :
(i) A line delineated in accordance with paragraph 7 by reference to the out-
ermostfixedpoints at eachof whichthe thicknessof sedimentaryrocksisat
least 1per cent of the shortest distance from such point to the foot of the
continental slope ;or
(ii) Alinedelineatedinaccordancewithparagraph 7byreferencetofixedpoints
not more than 60 nautical miles from the foot of the continental slope. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 361
(b) In the absenceofevidenceto thecontrary, thefoot of thecontinental slope
shall be determinai as the point of maximum change in the gradient at its
base.
5. The fixed points comprising the line of the outer limitsof the continental
shelf on the sea-bed, drawn in accordance with paragraph 4 (a)(i) and (ii),
either shall not exceed 350 nautical miles from the baselines from which the
breadth of the territorial sea is measured or shall not exceed 100 nautical
miles from the 2,500-metre isobath, which is a line connecting the depth of
2,500 metres.
6. Notwithstanding the provisions of paragraph 5,on submarine ridges, the
outer limit of the continental shelf shallnot exceed350nautical milesfrom the
baselines from which the breadth of the territorial sea is measured.This para-
graph doesnot apply tosubmarine elevationsthat arenatural components of the
continental margin, such as its plateaux, rises, caps, banks and spurs.
7. The wastal State shall delineate the seawardboundary of ils continental
shelfwherethat shelfextends beyond 200 nautical milesfrom thebaselinesfrom
which thebreadth of the territorial seais measured bystraight linesnot exceed-
ing 60nautical milesinlength,connectingfixedpoints, suchpoints tobe defined
by CO-ordinatesof latitude and longitude.
8. Information on the limitsof the continental shelf beyond the200 nautical
mile exclusive econornic zone shall be submitted by the coastal State to the
Commissionon the Limitsof theContinental Shelfsetup under Annex II on the
basis of equitable geographical representation. The Commission shall make
recommendations tocoastal Stateson matters related to theestablishmentof the
outer Iimits of their continental shelf. The limits of the shelf established ay
coastal State on the basis of these recommendations shall be final and bind-
ing.
9. The coastal State shall deposit with the Secretary-General of the United
Nations charts and relevant information, includinggwdetic data, perrnanently
describing the outer limits of its continental shelf.The Secretary-Generalshall
give due publicity thereto.
10. The provisions of this article are without prejudice to the question of
delimitation of the continental shelf between adjacent or opposite States.
Article77
Righrsof the Coastal State over the Continental Shelf
1. The wastal State exercisesover the continental shelf sovereign rightsfor
the purpose of exploring it and expioiting its natural resources.
2. The rights referred to in paragraph I are exclusivein the sense that if the
coastal State does not explore the continental shelf or exploit its natural
resources,no one rnayundertake these activitieswithout the expressconsent of
the coastal State.
3. The rights of the coastal State over thecontinental shelf do not depend on
occupation, effetive or national, or an any express prdarnatian.
4. The natural resources referred to in this Part consist of the mineral and
other non-living resourcesof the sea-bed and subsoil together with living or-
ganisms belonging to sedentary species, that is to Say, organisms which, at
the harvestable stage, either are immobile on or under the sea-bed or are un-
able to move except in constant physical contact with the sea-bed or the sub-
soil. CONTINENTALSHELF
Arricle78
Legal Statusof the SuperjacentWatersandAir Spaceand
the Rightsand Freedoms of 0th States
1. The rights of the coastal State over the continental shelf do not affect the
legal status of the superjacent waters or of the air space above those waters.
2. Theexerciseof therightsof thecoastal Stateover thecontinental shelfmust
not infringe,or result in anyunjustifiableinterference with navigation and other
rights and freedoms of other States as provided for in this Convention.
Article83
Delimitationof the ContinentalShelfbetweenStates with
OppositeorAdjncent Coasts
1. The delimitation of the continental shelf between States with opposite or
adjacent coasts shall be effected by agreement in conforrnity with international
law.Suchan agreementshall bein accordance with equitableprinciples, employ-
ing the median or equidistanceiie, whereappropriate, and taking account of al1
circumstances prevailing in the area concerned.
2. If no agreement can be reached within a reasonable period of time, the
States concerned shall resort to the procedures provided for in ParXV.
3. Pendingagreement as provided forin paragraph 1,the States concerned, in
a spirit of understanding and w-operation, shall make everyeffort to enter into
provisional arrangements of a practical nature and, dunng this transitional
penod, not tojeopardize or hamper the reaching of the final agreement. Such
arrangements shall be without prejudice to the final delimitation.
4. Where there is an agreement in force between the States wncemed, ques-
tions relating to the delimitatiof the continental shelf shabe dctermined in
accordance with the provisions of that agreement.
Article84
ChartsundLists of GeographicalCo-ordinates
1. Subject to this Part, the outer limit lines of the continental shelf and the
lines of delimitation drawn in accordance with Article 83 shall be shown on
charts of a scale or scales adequate for detennining them. Where appropriate,
lists of geographical CO-ordinatesof points, specifying the geodetic daturn, may
be substituted for such outer limit lines or lines of delimitation.
2.The coastal State shallgivedue publicity to such charts or lists of geogra-
phical CO-ordinatesand shall deposit a copy of each such chart or Listwith the
Secretary-General of the United Nations.
Article85
ThisPart does not prejudice the right of thecoastal Stateto exploitthe subsoil
by means of tunnelling, irrespective of the depthof water above the subsoil. DOCUMENTARYANNEXESTO COUNTER-MEMORlAL
Annex4
ACCORD ENTRE LE GOUVERNEME DENTA MPUBLIQUE TUNISIENNE ET LEGOU-
VERNEMENT DE LA R~PUBLIQUE ITALlENNE RELATIF À LA D~LIMITATION DU
PLATEAU CONTINENTAL ENTRE LES DEUX PAYS
Le Gouvernement de la République tunisienne et le Gouvernement de la
République italiennedésireuxde renforcer davantage les relations de bon voi-
sinage et de resserrer les liens d'amitiéentre les deux pays sont convenus de
définir et d'arrêrans le présentaccord les principes et critèresdu track de la
ligne de délimitation du plateau continental entre la Tunisie et l'Italie.
Article 1
La délimitationdu plateau continental entre lesdeux pays estconstituéepar la
ligne médianedont tous les points sont équidistants des points les plus proches
des lignes de baàepartir desquelles sont mesuréesles largeurs des mers terri-
toriales de la Tunisie et de l'Italie en tenant compte des îles,îlots et hauts-fonds
découvrantsa l'exception de Lampione, Lampedusa, Linosa et Pantelleria.
En ce qui concerne les îles nomméeB l'article1,la délimitationdu plateau
continental est définie parles dispositions suivantes :
a) Autour de Pantellena, la délimitationvers la Tunisie sera constituéepar la
ligneenveloppe descerclesde 13millesmarins de rayon et dont lescentres se
trouvent sur llittoral de cette île et ce,jusqu'd l'intersection de cette enve-
loppe avec la Lignemédiane définiedans l'article1.
b) Autour de Lampione, la délimitationvers la Tunisie sera constituéepar la
ligneenveloppe des cerclesde 12millesmarins de rayon et dont lescentres se
trouvent sur le Littoralde cette île, et ce,jusqu'à I'intersectionde cette enve-
loppe avec celle relativà Lampedusa et qui est définieà l'alinéac) ci-
après.
c) Autour de Lampedusa, la délimitationvers la Tunisie seraconstituée par les
tronçons de laligneenveloppedescesclesde 13millesmarins derayon et dont
les centres se trouvent sur le littoral de cette ile, tronçons compris entre les
intersections de cette envelopped'une part aveccellede Lampione précasée
l'alinéab) ci-dessuset d'autrepart avecl'enveloppe relativeàLinosa et quiest
définieà l'alinéad) ci-après.
d) Autour de Linosa, la delimitation vers la Tunisie sera constituée par les
tronçons delaligneenveloppedescerclesde 13millesmarins derayon etdont
les centres se trouvent sur le littoral de cette île, tronçons compris entre les
intersections de cettenvelopped'une part avec cellede Lampedusapré-
ciséeAl'alinéc)ci-dessus et d'autre part avec la lignemédianedéfinieàl'ar-
ticle 1.
Il sera créédans les meilleurs délaisune commission technique tuniso-
italiennechargéede tracer surcarteslignmeédianeetlestronçonsd'enveloppe364 CONT~NENTAL SHELF
définisci-dessus et de déterminerles coordonnéesdes points constituant ces
lignes.
Cette commission devra, dans toute la mesure du possible, avoir achevé ses
travaux dans un délaide trois mois à compter de la date du présent accord.
Les cartes ainsi que la définition des coordonnéesdespoints constituant les
lignes, qui auront été établisar ladite commission technique, seront authen-
tifiéespar la signature des plénipotentiaires des deux partie; elles seront
annexéesau présentaccord.
Si.desgisements de ressources naturelles s'étendentdes deux côtésde la ligne
de délimitationdu plateau continental, avec la conséquenceque les ressources
dans lapartiedu plateau appartenantà une desparties contractantes pourraient
êtreexploitéesdu côtédu plateau appartenant a l'autre partie, les autorités
compétentes des partiescontractantes se concerteront en vue de parvenir à un
accord pour la détermination des modalités d'exploitationdesdites ressources,
après consultation des concessionnaires éventuels.
En attendant l'intervention de l'accord précitéc,haquepartie veAlceque
l'exploitation s'effectuedans les conditions optima conformes aux règlesde
l'art.
ArticleV
En cas de différendsur la position d'une installation par rappàrla ligne
de délimitation,tellequedéfiniepar leprésentaccord, lesautorités compétentes
des parties contractantes déterminerontd'un commun accord dans le plateau
continental de quelle partie sont situéeslesdites installations.
ArticleVI
Le présentaccord sera ratifiéconformémentaux réglesconstitutionnelles des
parties contractantes et entrenavigueuràladate de l'échangedesinstruments
de ratification, qui aura lieu à Rome dans les meilleurs délais.
Toutefois, à compter de la date de signature du présent accord les deux
gouvernements pourront octroyer despermis d'exploration etd'exploitation des
ressources minéralesdans les zones leur revenant et telles que définiespar les
principes stipules ci-dessus.
Tunis, le 20 août 1971,en deux exemplaires en langue française, tous
Fait
deux faisant également loi.
Pour le Gouvernement Pour le Gouvernement
de la Républiquetunisienne, de la République italienne,
(Signé Abdelaziz LAARAM, (Signé L)uciano FAVREITI,
directeur ambassadeur d'ltalie
de la coopération internationale.
a Tunis.
Copie certifiéeonforme a l'original.
Pour le ministre des affaires etrangéres,
(Signé A)bdelmajid Ben MESSAOUDA. DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 365
Le23janvier 1975lesplénipotentiairesdelaRépubliquetunisienne,Monsieur
Ahmed Ghezal, directeur des affaires politiques,et de la République italienne,
S. EM. l'ambassadeur SalvatoreSaraceno,sesont rencontrésàTunis,au minis-
téredes affaires ètrangéreset, ayant échangé leurs pleinspouvoiis respectifs
reconnus enonne et due forme,ont procédf 'authentificationdes documents
suivants
1) liste des points constituantLignemédiane etles tronçons d'enveloppe
définis aux articlest 11de raccord ;
2)carte représentant la ligne de délimitation duplateau continental entre la
République tunisienne etla Républiqueitalienne déterminée subase des
dispositions des articles II de l'accordsignB Tunis le20aoUt 1971 ;
en opposant leurs signatures sur lesdits documents qui constituent anBexes
l'accordentre leGouvernementde1a.République tunisienneet leGouvernement
de la Républiqueitalienne relaàila délimitatidu plateau continentalentre
les deux pays signé Tunis le 20août 1971.
Pour le Gouvernement Pour le Gouvernement
de la République tunisienne, de la Républiqueitalienne,
(Signé)Ahmed GHEWL. (Signé)SaivatoreSARACENO.
Copie certifiée conformAl'original.
Pour le ministre des affaires étrangkres,
(Signé)Abdelmajid Ben MESSAOUDA.
ANNEXE À L'ACCORD TUNISO-ITALIEN DU 20AOOT 1971
RELATIFÀ LA D~LIMITATION,DU PLATEAUCONTINENTALENTRE LES DEUX PAYS
(Carteset coordonnées géographiques)
Listedespointsonstiruant/alignemédianeet des tronçonsd'envelopeéfinis
aux articlesI et II de i'uccord
Points Latitudenord Longitude est
Greenwich
O 38"0Of.6 7" 49'.0
1 38' 04.9 8" 09'.6
2 38"OT.8 Bo 22'.3
3 38" 101.5 8' 3T.5
4 38" 13'.1 8' 48j.8
5 38" 1S.O 9" 33'3
9O 40f.4
6 38" I3'.5
7 38" 14I.5 9" 54.2
8 38" 24.6 IO041f.7
9 38" 03l.5 IO05T.7
O 37O47.4 Il0 10f.3366 CONTINENTALSHELF
Points Latitude nord Longitud eet
Greenwich
11 37" 41'.2 11" 19'.0
12 37' 24'.5 11O42I.O
13 37" 22',4 11"4S.5
14 37" 2W.6 11O48'.2
15 37" 14'.2 11"52I.7
16 37" 08'.4 11O56l.8
17 37" 03'3 12"OW.9
18 Intersection nord de la ligne enveloppe des cerclesayant la
laissede bassemerde Pantelloriacommecentres et 13milles
de rayon d'une part et d'autre part de Ia ligne médiane
joignant le point 17et le point auxiliaire 18 A définici-
après.
18 A (point auxiliaire) 36" 55'5 12"Og.5
19 Intersection sudde la ligne enveloppe des cercles ayant la
laissede basse merdePantelleria commecentreset 13milles
de rayon d'une part et d'autre part de la ligne médiane
joignant lepoint auxiliaire 18Adéfinici-dessuset lepoint 20
défini ci-dessous.
La ligne de délimitationentre lespoints 18cc19 est constituéepar I'arcouest
d'enveloppedescerclesayant lalaissedebasse merdePantelleriacommecentres
et 13milles de rayon.
20 36"3S.O 12O 21'.2
21 36" 23I.O 12O29'4
22 36"21'.7 12"30'.2
23 36" 1S.2 12"32'.4
24 36" 08',7 12" 38'1
25 Intersection nord de la ligneenveloppedes cercles ayant la
laissede basse merdeLinosa commecentres et 13millesde
rayon d'unepart et d'autre part de la lignemédianejoignant
le point 24 au point auxiliaire A défini ci-après.
25 A (point auxiliaire) 35" 52I.3 12' 51f.0
26 Intersection nord de la ligneenveloppedes cercles ayant la
laissede basse merde Linosacommecentres et 13millesde
rayon d'une part et d'autre part de la ligne enveloppe des
cercles ayant la laisse de basse mer de Lampedusa comme
centres et13milles de rayon.
La lignede délimitationentre lespoints5 et 26 est constituéepar l'arcnord
d'enveloppe descerclesayant la laissedebasse merde Linosa commecentres el
13 millesde rayon.
27 Intersection nord de la ligneenveloppe des cercles ayant la
laissede basse mer de Lampedusa comme centres et 13mil-
lesde rayon d'une part et d'autre part de la ligneenveloppe
descerclesayant la laissede basser de Lampionecomme
centres et 12 millesde rayon.
La lignede délimitationentre lespoints 26 et 27 est constituéepar l'arcnord
d'enveloppe des cercles ayant la laisse de basse mer de Lampedusa comme
centres et13 milles de rayon. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 367
Points Latitude nord Longitude est
Greenwich
28 ' Intersection sud de Ia ligne enveloppe des cercles dyant la
laissede basse merde Lampione commecentres et 12milles
de rayon d'unepart et d'autre part de la ligneenveloppedes
cercles ayant la laisse de basse mer de Lampedusa comme
centres et 13milles de rayon.
La lignede délimitationentre les points 27e28 est constituéepar l'arcouest
d'enveloppedes cerclesayant lalaissede basse merde Larnpionecommecentres
et 12 milles de rayon. . .
29 Intersection sud de la ligne enveloppe des cercles ayant la
laissede basse mer de Lampedusa commecentres et 13NI-
lesde rayon d'une part et d'autre part de la ligneenveloppe ,
des cercles ayant la laisse de basse mer de Linosa comme
centres et 13 milles de rayon.
La ligne de délimitationentre les points 28 et 29 est constipzrel'arc sud
d'enveloppe des cercles ayant la laisse de basse mer de Lampedusa comme
centres et 13 milles de rayon.
30 A (point auxiliaire) 35' 46'.5 13"011.7
30 Intersection sud de la Iigne enveloppe des cercles ayant la
laissede basse mer de Linosa comme centreset 13millesde
rayon d'un part et d'autre part de la lignemédianejoignant
le point auxiliaire 30 A et le point 31 définici-après.
31 35' 39'.6 13"11'.5
32 35" 1S.O 13' 36l.6
Lespoints de la lignede délimitationtels que définis ci-dessusont étérepre-
sentésgraphiquement sur la carte nautique italienne no 260,échelle1/750000,
projection Mercator, à la latitude 40"04, édition 1963,réimpriméeen mars
1972,publiéepar I'lnstitut hydrographique de la marine,à Gênes.
La ligne de délimitation est constituéepar les arcs de grands cercles qui
joignent les points définisci-dessus et par les tronçons d'enveloppe autour des
îles mentionnées al'articl2 de l'accord. Lespoints auxiliaires qui ont servi au
tracéne font pas partie de la ligne de délimitation.
Cette carte ainsi que le présent documentont étéétablisen application de
l'accorddu 20 août 1971pour en fairepartie intégrante.nonobstant toute autre
disposition législativeou réglementaire relatàvla définitionde lignes de base
intervenant postérieurement à la date précitée.368 CONTINENTAL SHELF
Annex 5
(Translation)
Text of the Declaration of Unity and Proclamation of the lslarnjc Arab
RepublicbetweenLibyanArab Republicand theTunisian Republic. 19 ZulHija
1393,12January 1974.
"In the name of Allah the Compassionate the Mercifu1."
In a crucial moment, iatimefull ofchallenges,on a glorifiedday and under
heavyburden of historicresponsibility, theGreat Mujahid responded to the call
of Arab unity the samewayhe responded to the callfor theJihad to liberate the
IslamicArab land.
Consequently,the leader Habib Bourguiba and Colonel MuamrnarGhadaffi
both signedthe MergerDeclarationofboth Libyanand TunisianArab countries
according to the constitutionpt-inciplein force in both countries.
Both countries will merge in one republic called the IslarnicArab Republic
under one constitution, flag, presidand army, mled by one legislativeexec-
utiveand legallawsas from, by the willof Go25ZuIHija 1393corresponding
to 18January 1974A.D.
(Signature)President Habib BOURGUIBA.
(Signaiure)ColonelMuammarGHADAFFI. DOCUMENTARYANNEXESTO COUNTER-MEMOFUAL 369
PAGES74AND 75OF
OILAND GASJOURNAL20DECEMB E954
PAGE143OF
OILAND GASJOURNAL25JULY1955
(Nol reproduced]
Annex7
REPRODUCTI OFTHE OFFICIALAPOF CONCESSIONO. 137
&PRODUCT~ONOF THEMAP OFCONCESSI ON.9. MOBIOILLIMITEOF
CANADA
[Noi reproduced] CONTINENïAL SHELF
Annex8
PAGES 7 THROUGH 16OF 1961 LIBYAN PETROLEU COMMISSI OONOKLET
LIBYA's OIL POLICY
The booklet presented at the FiaArab Petroleum Congress contained an d
abstract and Mme elucidations to the PetroleumNo. 25 of 1955.
At the the said Law came into force it was still unknown whether the territory
nf Libya contained oil.No exploration activities for the search of oil had been
camed out prior to the independence of Libya.Neither in Tunisianor in the
Western desert of Egypt-haany oil been discovered at that tiAlthough some
oil had ben found in the Algerian Western Sahara, the big oil strikes close to the
Libyan fmntiex took place a laterdate.
For thir reason the PetmleuLaw O€1955 was enacted in such a manneras
to encourage oil campanies to search and explore for petmleumaibig way to
determine the country's possible oiltial in the shortest tThe Law largely
fulfilled these aimitled taa fast increasing activity in the search for petroIeum,
as outlined in the second chapOFrthis hooklet.
Then came the first promising oil strikes in con6eando32in the Sirtica
area mid 1959 and early 1960 tespectivelv.
Because it now became evident that oil was present in commercial quantities
it wasrealized, as indicated in tEe booklet presented at the Second Arab Petroleum
Congrcss, that for new concessions better terms and aorking obligations could be
negotiatcd by means of speciaI agreements in addition to the normal conditions
specified in the standard concession deed.
Some of the additional temis so obtained ulere: special drilling obligations.
higher minimum amount to be spent within a certain periocl of time, increased
percentagefor royaltpayrnents, higtier surfam rents,waivingaf the nghtof
applging percentag depletion allowance as probydthe Law and the possibility
of participation by the Libyan Government in exploitation.
In conncction with the urperience obtained by the Petraleum Commission
during tlie past five years of exploration, it became clearLawahad to be
adjusted to the secophw of petroleum dwelopment in whichLibyahas landed. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
Also to keep Pace with the changes which occuredin other Arab cnuntries
during this periodit was Ecltthat the Petmleum Law 1955should bearnended in
order to insure to the Country an appropriatesharc in the promore in line \\sith
tday's vicws.
The Libyan Gavemment, in drafting these amendments, hasbenefited From
the expericnceof other counhics in the pehlturn industry and from the experi-
mcnts and cvcnts which those countries havegoncthrough. The Government in
this amendment has taken into regard the country'sintenst and theecornonicantl
commercial considerationsand conditionsprorailing in othcr countries which nlirii
petroleum ànd u-hich are going throughthe same phase as the United Kingdom
of Libya, such as Iraq, the Kingdomof Saudi Arabia, Kuweit, Qatar and Iran
(Peaia). These amendments are derived from the most modern and receiit
provisionsapplicablein these countries.
The amendments will serve to stimulate keener cornpetitionamong internn-
tional oil companiestosearch, explorefor,and develop petmleum inLibya in the
areas.rvhich han aldy been relinquished orwillbe nlinquishcdin the future
by the petroleum companies. In addition,théx amendments will open the door
for the petmleum companiesihat have acquired concessionsin the .pst tn
amend their concessionsin accordance with the terms and conditions of these
amendmentsand toconfom with the stage through whichthe petroleum industty
in the countryis passirig.We givehemunder a bricf outlineof themost important
amendments intrnduced into the Law hy Royal Decree of July 1961.
Articles7 G 8.
In the past the companis subrnitted tbeir applicationswith mpect to the
areasfor concessions,and the Petroleum Commissionc5nsidcred these applications
givingprivnty to the pem who submitted his applicatiobefon the other. This
method does not ensure sound and fair cornpetition.Far these rcwns, Artidcs
Seven and Eigbt are amcnded in a manner to permit the Commissio o announcc CONTINENTAL SHELF
h!-nntice in the pms the arcas in respectof which mnmsions may be applied for
and tn invite those intcrcstedin acquiring mnmsions to submit thcir applications
in sealed envdopes within a spccificdtime. Tlie amendment also made it permiss-
ible for the applicants to includc any additional economic, financial and othcr
benefits and advantage ~vhich thcy are willinR and able to offer to the Commis-
sion. This rnethod irthe mat prevalent method used in the pnt of concessions.
It \vil1 be obsed that the provisions outlined in the Law and the Second
Schedule thereto have berorne, under this amendment. tn repent the minimuni
ternis and condit,ionsfor the grant of n concession. Howcver, the additional terms
and conditions and the economic and financial advantages which are oFfcred or
submitted by the npplicant have become the decisive factor in dctcmining the success-
ful hidder. alter taking into consideration his technical and financial ability and
capacity. There is no doubt that this method will pmride the opportunity for the
Cavcrnment to obtain the best te-, conditions and benefits through the media of
rivalm and mmpetition among international cornpanies and corporations.
Article 9.
Paravaph ( 1) of Article 9 authorised the Commission to Rnnt ccinccssions
cnnfnrmiiig witli the fnrm set out in the Secoiid Schedulc to the Law but it did
ntit confer upon tlic Commission the power to pant concessions to include the
ndditional economic and financial hcnefits and advantages which are offered by
the companies in addition to the provisions set out in the Law. This Article aas
. tlierefnrc amended in a manner to permit the Commissio~ito gnnt concessions to
include the additional economic, financial and other benefits and advantages which
are offeredby the applicant, provided that the additions do not mntain conditions
or terms tliarcduce any of tlie ri~hts, benefits and privileto which the Commis-
sion is entitleunder ,thisLaw.
ParaRraph (9 1 of Article9 of the Law is dtleted since .its provisions have
becorne inconsistent with the principle contained in Articles7 and 8 as amended
i.e., the principle oE g~antinconcessions on the basis of scaled bidding. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
( 1) The Iastclause ofparagraph (1 )of Article10 is deleted.This relates tothe
minimumarca of the concessionurhich the concessionholder is permittcdto =tain
as it is felt that thcre is no need to spccifya minimumwith respect tn the atra
which is retaiued by the concessionholder and because thcre is a pressingand
grcat demand for the areasrelinquishedhy the campaniesinrrpectiveof how small
they may be.
(2) Pangraph (3) of this Articlegavethe concessionhoIderthe Emdorn tochow
the areas which he is to relinquish in one ormore blocks fmm the variousparts
of the concessionarea. provided that the block or blocks aaincd by him are
reasonablycompact.Howwer, this provision is not sufficientto pmtect the rights
and intemis of the State and does not prwcnt conmsion holdea fmrn din-
quishing theareaswhich they arercquiredto xlinquisfi in vcry smallblockswhich
are not suitabIcfor development hy othcr mmpanies,thus denyingthe Commission
the prima. object in obligingconcessionhoIdersto surrender a $don of their
cnncession areas.The~fore, Article 10 was amcndedto nrto organizethe manner
and method of surrenderand to enablethe Commissionto acquicethe areaswhich
are relinquishcd in auitableand Lttingformand shapewhichwillhelpin bcnefiting
from thrrn and in their developmentby other companiesor groups-
Article 12.
,4rticl12 of the Law providesthat everyconcesion holderwho has a surplus
in pipeline transportationcapacitis requid to place such surplus atthe dispo~al
of otherson the temu and conditionsto be agmd upan. It isweUknown that the
Commisiionbearshalf of the costand expehsesinqmd wlating to the production
of petroleurnand its transportationto the port fmm wherc it *Il bc exported.
Thexfore, the Commissionis entitlcd to have a sîy with rrspe cotthe cond-
itionsand chargeswhich the concessionhalder obtainsfiom others forthe transpor- CONTINENTAL SHELF
tation of petroleum in the pipelines belonging to him. For thcse reasons this
Article 12nas amendcd as to make ita requisite to obtain the Commission's approval
nf the tems and conditions tobe agreed upon. Ifthe Commission does not approve
the tems and canditions or if the concession holder does not agree to the terms
and conditions uyd, the Commission isentitled to propose the tems and conditions
foi thc use of the surplus pipeline capacity.In the event the parties concerned do
not agree to th- proposcd conditions, the Commission shall subrnit the matter to
a cornmittee of experts whose deeision or the decision of the majoritv thereof shall
be final and binding upon the concession holders and the Commission.
Article 13.
f I) The fees and rents payable by the concession holder under Article 13 of
the I-ntv are lori. and incompatible with the phase tlitough which the petroleum
industry in the country is passing. 'This Article is thcrefom amendeù to provide
for the foilotring payments by the toncesion holders:
(n) One hundred for evey 100 square kilometers of the area covered by
the concession upon granting him the qncession, instead of the fixed lump
sum of L.E 500 only.
rR! A nominal annual rental dunng the fint fifteen years from the date of the
concession. but itwas clcarlp provided that in the event petroleum is found
in commercial quantities during the said fifteen year period the rental shall
immediately be inctcased to £L. 2,500 for every 100 square kilometers.
EL. 3.500for evcry 100square kilometers for each of the followinll fiue years
icl
and EL. 5.00 0or each year of the rcmaining pend of the concession.
(2) The Law did not contain any provision giving the Commission the right to
receive the whole or partof the royalty in kind as the case is in the agreements
mncluded behvcen the various petmleum Eompanies and the gwernmcnts in the
Middle East and Venezuela. This Article was alsa arncnded to include a provision DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
giving the Commission the right to take in-kind al1 orpart of the royalty, provided
that it is dclivereby the concession holder f.0.bseboard terqinal in Libya.
The value of royalty due to the Commission on cmdc petroleum under this
Article is calculated on the basiOC the average of the prevailing price in the frec
market for petroleum crude minus handling and trançportation charges and costs
from field storage.This metliod \viliead to many accounting problems in cakulating
the costs of handling end tr31isportation charges for each field and each quality of
petrnleum produced. Article 13 was therefore amended on the basis of pwvisions
contained in petrolcum agreements concluded in other countries. i.e. calculating the
value of royalty with respect to c~de petroieuni on the basis of the posted price
nf crude .petroleum at Libyan ports without deducting aiiy expenses or costs for
handling and transportaiion.
Article 14.
;\rticlc14 of the Law relating tn tnrationand division of profits is extremely
eornplicatedand its implementatinn in its present form would lead to many and
great dificulties.Some OF its provisions are unbir ~irith respect to Libya when
cornpared \rith the correspondinR provisions of the agrcernents concluded with other
couniries in the Arab world. This Article M'asthercfore subst?ntially amended or1
the hstis of the rules and principles fnllo\r,ed between petrc~leumcompanies and
hliddte Eastern couritries. Through this amendment the commission is able to
obtain at leasthalfof the actual which the petroleum companies derive From
their operations inLibya. Hereunder is a summary of the most importyt amend-
ments ouilined in the said Article: .
(1 ) - Under paragraph ( 1) of this Article the Govemment's share amounting to
50% of the pro6ts is composed of fees. rents and royalties payable under this Law
and also of the incorne tax and other taxes and dueforwhich the concession holdcr
is liable in respect of his operations in Libya.
This paragraph is amended to provide that indirect taxes aiid fees, such as CONTINENTALSHELF
stamp dutyfesand municipaland rcgistntionfm etc.,are conJidercdto bcpaa
of the cxpendituir fethty are rclated to 'the operationof the concession bol-r.
ïbc Govemmcnt's sham of 50% of the profits wil1consoftfa, ents and royalties
payable by the concession holder undtr this Law together with the income tax,
the surtaxand the other direct taxes.This arrangement is closer to justicand it
contains Fat simplihcationof accountancy procedure. Furthemore. this principle
is adoptcd by other countries in their petroleurn Icgislations.
(2) - Paragraph ( 1) (b) of this Article is not clesr tvith regard to the methuil
üf deducting thesuïns paid inexcessof the 50% of the profits tifhich the concessiuii
holdcr dzes dunng tbc year. This paragraph \sas thercfore amended on the
basis thatmes payments are detluctible onl!. From the income tas and the surtax
dulypayable in the subsequent gears.
(3) - The s complcte year isclcarlydefined in the amendment of this Articlc
so thnt theequal shanng of profits \vilbe operativefmin the effectivedate.
(4) - Paragraph (2) of the said Article defines the&ecrivc datc as the datc
on which the avtroge exports fram thc cuncession reaches for the first time 15,000
barrcbof pctrolcum prr day ovcr a pcriod of 30 days or the dateof e'rpiry of four
ycars fmm the datc on which :he concession holder exprted petroleum regulrirl!.
foc the hrst time.
The quai division of profitmust becorneeffective irrespective of thc date oir
rhch the production and export of petroleum reaches a certain level. since thc
concession holder is able to realizeprofitsbefore exports reach a level of 15000
barrelspet day. Morcove~, the concession holdcr isable iotealize profitswithout
uporting my petmleum, by ~ûning and selling it iiiside Libya;
Thmforc, the .&dve dete, wasdcfined in the amendment to mean the
datc on which the codon holder commences to export pctroleum regularl!.
in comd quantifiesor ta KU pet~oleurnrrgululy in commercial quantilies. (5 - The P-leiim Lw gavethe right to the concessionholder dedua the
fo]hwing items fmm the incomewhich he &rives for the purposeof caicuiating
hk profils:
FIRSTLY: AU and losses.
SECOIVDLY:Amoaizationof capitalupuiditum ata mie notexcding 20Yo
with rrspea to the expenditumincurrcd beforc e%saive date and at a rate not
dng 10% with respectto the cxpenditum incud on orafter the dective
date. . .
THIRDLY: A depletionallowanmof 25% of his p annual income.
Th- sums wLch the concessionholdcr maydeduct in any ycariiave beii
ccviewedand were restnctedin the omendmcntsto the IoUowing itek only:
FIRSTLY: Operating urpeti~eand overhed, the detailsofnhish art defined
in Reffilationr.
SECONDLY: Dcpdation of al1physid wrts in Libyaat therateof IO9h
per annum and mortizîtion of al1other capid cxpcnditurcsin Libya atthe nte
of5% pcrannum.
The amendment to the Law has .Ira clcarl pmvided that the conces-
sion holdershaU not be permittectodeduct the followingitemsfromthe incbmc
which he daiws in detemiininghis profits.
FlRSTLY: Pdties pid under Article22 OEthis Lowor ony surnsforfeited
under Me 11of tbisiaw.
SECONDLY: Foreign hc0zne.m.
THIRDLY: Intatrt paià in rerpst of the finnncingof tbe opmatioO€the
mnassion hok.
FORTHLY: Eqnditurc incumd in dation to theorganizingand initiating
of petmleumopezatiomin Libya. CONTINENTAL SHELF
(6) - The Law hd no clcardefinitionfoc The infame resultingfromthe opera-
tiom of the&-ion holder S.Thercforc,the amendmentto the Law dcfinesthe
incwme of th tunaaion bolder from cmde petroleum to be equal to the posted
pria of Libysn crude petroleurnless marketinugpenses multipliedby number of
tons upoacd.
The ammdment aisecontainsa prceix definitionfor r postedpricesfor crude
-
pleum s and the method for amivin8at these prices in the absence of free
market for Libyanpetroleum.
(7) - The Law dws not pvide fora method of payinp the incorne taxes
and the surtaxes due for paymcnt by the concessionholder. Parapraph ( I) of
Clause 9 of the Scmnd Schcdule pmvided that the collectian of the said sums
su1 be subject to the proceduresdefinedby FinancialLaws and Regulationsin
Libya,while paragraph (2) OF the said Clause stated that the rents and royalties
due shallbe paidmry thm months.
Tbmfore, it has bem fitto add a new parapph to the said Article of the
Law to p d that therxincesshnholdtrshall be requitedto submit his accounts
within a periodnot enceedin 4gmonths aftcrthe end of cach complete!car.
Simuitan~ously with the submission of the accounts the concession holder is
quimi topay the m s due in respect of income taxes and surtaxesprovideci
thatthe final settlcmentofaccountsshall take place aftethefinal determination
of thetax.
The provisionwiIl cnabie the Commissionto rmive its sharof the profit3
pmmptly instcadof waiting until the profitsand the taxes are Lnallydetermined.
in arda taencourage theexploration andsearchfor petroleumin the country
and in conformitywith pmetice folid in other countries, paragiap( 1) of
Article 16 of the Law was amended on the basis olpermitting the permit and
Boldcs to impoa frre of duty: plant, machinery, tools,equipment, DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
matcriaisand suppliesand also ather goudswhich are specifiiin Regdations
issu4 under the Custorns Law, pmvidcdthat al1thtse itemsare uscd intibya
for petrolcumexploration,pruspectingand mining operationsand providd that
Mar goodsarc mt availablein Libya.
AmElc17 was amended so as not to permit thc concessionholdei assign
the coiicesionurcept with the Commission'sapprovalin accordancervithconditions
which it mayimposeand which it dm appropriateithe publicinterest.
A ncw Articlewas addcd,under which concessionhoIdea who wae pntcd
mnccssionsbeforcthe amendment of theLaw may applyto the Cammission,within
6 rnonthsfrorntbe 'daton which &is amendment takes&mt, to have thcicon-
msion deedsamendcdin accordancewith the conditionsand provisionscontainml
in thesemcndmuits. The pend of any conession thus amendedis extended by
a pend qua1 to thathm the datcon wbch the originalconcessiwas granrd
to tbedate on wbich the amcndmmt takcs cffec~
In additionthisArticleharprwidcdthat no ncw concessionsshallbegranted
to anyperion who holds concdsionsbeforc the corninginto fom of thesc arnend-
ments. unless that person~gms to amend his pmvious concessionsin amor-
dance with the conditionsand pvisions containcd inthe amcndments. This
stipulation gives the Commision the opportunitym ncgotiatc with the cxisting
c~mpanicsto romplywith thenrw set-upand toampt theprovisionsand conditions
proposcd inthe amendmcnts. ïhis iswhat haraaually taken plsce in other
countriessuch asVatmi& and the Ad mnis wherc the agreements werc
omended tothe dvantage of tbcrecouritrieM,a dt of negotiations. CONTINENTAL SHELF
Annex9
CORRESPONDE RCOM LIBYAN UNDER SECRETAR OYF THEMINISTR OF
OIL REGARDING THE USEOF SFAX FORPETROLEUM OPERATIONS
[Arubictexnotreproduced]
CORRESPONDE OFCAEQUITAIN EIBYE REGARDlNG THE USE OFSFAX FOR
~TROLEUM OPERATIONS
"Allah, wseekthe right path between us and our people"
"Allah is tme in His Teachings"
Rabia Awal 2195
Brother Under Secretary of the Ministry of Interior, Greetings :
The French Aquitaine Company, which is a pawiththe National Oil
Corporation, facesdifficulties in dcvelopingoil field No. 137,part of which is
Iocatein water anparton land.
These difficulties wuld be resolvedby means of these methods :
1. Granting the Aquitaine Company permission to use radio equipment for
communications between its main station in Tripoli, the driliing areas, and the
port of Sfax in Tunisia.
2. Granting entry and exit visas to authorized workeperiods.ong
This isat a timewhen the Tunisian authoritiesshowa willingnessto grant the
mentioned wmpany the necessaryfacilities in tofSfax.
For the above reasons, werequest approval to grant the Aquitaine Company
the necessarypermission toradio equipment to cornmunicate between its
station inTripoli, thengareas,and theport of Sfaxand to grant authorized
workers entry and exit visas for a long period.
May the Peace and Grace of Allah be with you.
Mustafa Mohamad ZURAYK,
Acting Under-Secretary of
the Ministry of Oil.
Copy :to the Brother Minister.
Copy :to the Legal Office.
Copy :to the National Oil Corporation. DOCUMENTARY ANNEXES TO COUKTER-MEMORIAL 381
AQUITAINE LIBYE
SOCI~TÉANONYME FRANÇAISE AU CAPITAL DE 1000 000FRANCS FRANGAIS
OperationsDepartment
RC/ky
Work-boatscharteredby Aquitaine-Libyein
Libyan watersasfrom 1975.
22 October1979
AttentionMr.A. Senoussi
1. From1975to 1977
(ScarabeoIII campaign)
A. P. Moller
- Maersk "Tracker"
- Maersk "Hauler"
- Maersk "'Fighter"
OSA
- "Munientor"
Loadingports
Sfax(Tunisia): Casing anheavy equipment
Tripoli(Libya)
Fueland Water
2. From1977 io1978
(P.81carnpaign)
- Samework-boats
hding ports
Malta: Casingandheavy equipment
Tripoli Forwalerand fuel
3.1979
(Dyvi Gamma carnpaign)
"NormandShipping"
Wmand vibrai"
OSA
"Ostertor"
SURF
"Atlantide"
Loadingports
- Same as P.81campaign.
Operations Manager,
(Signed)R. CLERC. CONTINENTAL SHELF
Annex10
ENTRE DJERBA ET L'EST DU RAS AJDIR '.- Zone. -
Ckp de tirde Zmris. - Un champ de tir est instaliéle long de
la côte au Sud de la viLaezone dangereuse est comprise entre la côte
et la ligne joignant l'enracinement de l'appontement et le ras cl-Lems.
5 Côte eî amers. - k rru Murmour (Marmor) [33'37'N -
IloO3'E) termine vers leNE les collines escarpéu qui s'étendentder-
rière la côtau Nord de Zarzis. Le rivage wt bas, bordé de petits
rochers.Sur le ras Fetià,1,s M PIUSau Sud, on aperçoit unevilla
bbnche.
10 A I'exception de la haiitcde Sidi-Chammakh(Shemmork), on ne
diatinguc aucun objet remarquable sur les falaises rougeâtres de la
côte.
Aux alentours immédiatsdeZnrzis(voir Mouillages,p. 202), on voit
(vuede la carte no 4246)le phare, tour octogonale bàasommet noir
15 et haute de 14 m au-dessui d'une construction massive; la butte de tir
en forme de trapèze; une importante cité militaire; le maraSidi-e
Abd-cGKader; la douane flanquée de hangars remarquables et surmon-
téed'un belGdèreà l'enracinement de I'apponiement; au Nord de Zarzis
Ica rnaraboitde Ksar Zaouiu,visibh de 12 ù 13 M et, au Sud. en
20 retrait sur Unepetite butte la koubbade Sidi-Bou-Tef(Bou-Tfa).
Entre Zarzis et le -ras Ajdirlacôte est basse,découpéepar des
sebkha et largement débordéepar des bancs (voir.Dangers).On dis-
tingue:I'enshir el-Lemsir(Lemsmonticule abruptvisiblede 5 à 6M
et,à 11,sM dans I'ESE sur un desilotd'el-Eiban,un bordjtrèsvisi.
25 ble.
A 2,3 M de ce bordj, des citernes visibles dc loin constituent le seul
amer remarquable de toute cette zone.
Au-delà desilots el-Bibnn,coteest uniforme et bordéede pêcheries.
On y voit une série de monticules dont beaucoup portent des rLanes.
30 seule reconnaissablaveccertitude est sur le ras elXete£ signale par une
falaise blanche.
Le ras Ajdir (Ashdir) [voir Mouillages] constitue la frontière de
Tunisieavec la Libye. Cette frontièestmarquéepar deux bnlbea à
voyant noir et une pyramide qui n'est pas apparente, mais située au
35 Nord d'un groupe de maisons, dont une entourée d'arcades est 'très
visible. Les bâtiments deouane se remarquent bien du krge.
Dangera et baliriage.- Dans toute cette région la côte est débordée
de bancs de sable et d'herbes qui s'étèndentjusqu'à une grnnde distance
du rivage. Ceshauts-fondssont particiiliètement dangereux dans la région
40 du Sud de Zarzis. Pour l'épavesituàe1,5hl au Nord di1ras Marmour,
voir p. 196.
Banc etBiban. - Ce banc qui, àI'ESE de Zarzis, s'étendjusqu'i
une dizaine de milles dc la côte, est pàefleur d'eaSon extrémité DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 383
AnnexIl
Agreements
1. Economicand cultural CO-operationagreementsigned inTripoli 15A,ugust
1970.Came into force 5 September 1971.
2. Agreementon air transportation. SignedinTripoli 19May 1971.Cameinto
force 29January 1973.
3. Agreementontheexemption oftransport vehiclesbetween the twocountries
from tax and fiscal fees. Signedand brought into force 17June 1971.
4. Agreementon w-operation in theagricultural field. SigindTripoli5Sep-
tember 1971.Came into force 14December 1972.
5. Agreementon fishingactivities.Signedand brought into force5 September
1971.
6. Agreement on CO-operationin the field of fishing. Agreed and came into
force in Tunison 6 September 1971.
7. Agreementon qualified labour. Signed inTunis5 February 1972and came
into force 14December 1972.
8. Agreementon secondingTunisianprofessors.SignedinTunis 17April1973.
Came into force the same day.
9. Agreementon training and professionalformation. Signed inTunis 6June
1973and came into force 1February 1975.
10. Commercialand customsagreement.SignedinTunis 6 June 1973and came
into force 1February 1975.
11. Agreementto facilitate transfer ofcapital for investmentand its protection.
Signedin Tunis 6 June 1973and came into force 1February 1975.
12. Social security agreementsignedin Tunis 6 June 1973.Came into force
1February 1975.
13. Agreementon organization of the work of Tunisian contracting companies
in Libya. Signed6June 1973.Came into force 1February 1975.
14. Agreement on property rights, work, professional activitiesand residence.
Signed 6 June 1973and came into force 1February 1975.
15. Agreementon the mailtransfer of moneysignedon 6 June 1973.Came into
force1 February.
16. Agreementestablishinga publishingand printing Company.SignedinTunis
21July 1973.Came into force 16September 1973.
17. Agreementprovidingfor the Grant of Loansby LibyatoTunisia. Signedin
Tripoli, November 1973.Came into force 18July 1977.
18. Grant agreement signed and put into forc2 November 1973.
19. Participation agreement signeinTripoli2 November 1973and came into
force 18July 1977.
20. Maritime agreement. Signedin Tripoli 18June 1974and came into force
10September 1975.
21. Agreement on double taxation. Signed in Tripoli and came into force
15May 1978.
22. Developmentof the agreement between Libyan newsagencyand Tunisian
news agency. Signedand came into force 23 May 1978.384 CONTINENTAL SHELF
23. Cultural Agreement. Signed in Tunis 9 January 1979.Came into force
14Febmary 1979.
Joinr Ventures
1. Libyan/Tunisian fishing cornpany established in 1972.
Capital: 1,750,000Libyan dinars.
Libyan shares :518.
2. Libyan/Tunisian maritime transportation company.
Established in 1976.
Capital: 50,000 Libyan dinars, raised t50 million Libyandinars.
Libyan shares :50%.
3. Libyan/Tunisian bank.
Established on 28 December 1972.
Capital: 10million Libanese lire.
Libyan shares :60%.
Totally paid.
4. Turgenus (Djerba)
Established 1973.
Capital: 3 million Tunisian dinars.
Libyan share : 48%.
Totallypaid.
(Thi wsas to fiance the building of the largest hotel in Djerba.)
5. Joint agncultural company (in process of establishment).
Ai4 Contributiao nndsbans
1. Tunisian Bank for Development - Tunis.
Established 1973.
Capital: 17million Tunisian dinars.
Libyan participation : 17%.
2. Tunisian real estate wmpany - Libya gave a loan of3 million dollars.
3. Libya gave Tunisia loans up to 10lhmillion Libyan dollars till 24 August
1977, 5,250,0 L0byan dinars have been paid.
Grants given to Tunisia amount to 500,00 0unisian dinars paid in two
instalrnents :
(a) 300,000Tunisian dinars in 1974.
(b)200,000 Tunisian dinars in 1977.
This grant was given to studies for supplying water ta Southern Tunisia.
4. It wasagreedthat Libyawouldpay 5millionTunisiandinars foran industrial
project in Tunisia.
5. It was agreed on 15 May 1978that Libya would give a loan of 10 million
Tunisian dinars with an interest o24.r%for the followingprojects:
Agricultural project 5Ih million dinars
Cable project 411 m5illion dinars
providedthat halfofthe loanwillbe repaidin cashin 20yearswithfiveand a
half years'graceperiod and the other half in products within ten years with
three years grace period. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 385
Annex 12
Tunis, le 27avril 1976.
Objet: Délimitation duplateau continental tunisien.
Monsieur le Président,
J'ail'honneurde vouscommuniquerla délimitationde lapartie sud-orientale
du plateau continental tunisien.Cette délimitestconstituéepar learcsde
grands cerclesjoignant les points definis ci-:près
A. Point frontiérede Ras Ajdir.
B. Intersectiondu grand cercle passant par A et direction nord-est avec l'iso-
bathe 50 rnttres.
C. lntersection de l'isobathe50 métres etde l'argrandcercledéfinipar le
pointC' (pointintermédiaire)de coordonnées33' 200" et 11 46'30" Eet
le pointD défini ci-après.
D. 33"34'15" N 11'58'45" E
E. 33' 44'48" N 12" 13'34"E
F. 33" 56'45" N 12"27'30" E
G. 33' 58'00"N 12' 42'06" E
H. 34"06' 40" N 12"55'10" E
1. 34" 29'34" N 13"39'48" E
Entre les pointB etC, la ligne de délimitationest constituéepar la portion
d'isobathe50 mètres.
Cettedélimitationresteren vigueurtant qu'un accordinternationalde déli-
mitation du plateau continentaldans cette régionn'aura pasconclupar les
parties intéressées.
Encomptantsurvotre souci,que nouspartageonsde préserveret de renforcer
lacoopérationfructueuseexistantentretattunisienet votregroupe,jevousprie
de croireMonsieur le Président,i'assurancde ma haute considération.
Le ministre de l'économienationale
(Signé)Abdel&-c~s~u~. CONTINENTAL SHELF
Annex 13
LIST OF TUNISIAN AND ITALIAN WARSHIPV SISITING THE SITE OF
SCARABE IV
Narne of the Vesse1 Date , Remarks Departure
Tunisian boat (Ibn 17.2.77
Sina) No. 1630FF 17h00
17.2.77 Delivery to the
ngof the follow-
ing documents :
A. Notice with
the injunction to
imrnediately
ceasethe drilling
operations.
B. Proceedings
instituted
against the com-
pany representa-
tive on board of
the rig.
C. A surnmons
to Court in Tu-
nis.
Tunisian launch 22.2.77
08h45
1talian minesweeper 23.2.77
No.5432neartherig 17h10
Tunisian warship near 23.2.77 ' 23.2.77
the rig 19h00 21h2O
The same Tunisian 24.2.77 24.2.77
warship 07h50 12h45
One warship and 27.2.77 A. Itdian war- The launch left
launch 15h30 ship No. 5433. on 27.2.77 al
B. Tunisian 16h10.
launch. The Italian ship
C. The perma- left on 27.2.77at
nence of ship 20h55.
near therig. DOCUMENTARY ANNEXES TO COUMER-MEMORIAL 387
Name of the Vesse1 Date Remarks Departure
Italian minesweeper 28.2.77
5433 12h25
Military launch 28.2.77
12h40
1talian minesweeper 3.3.77
19hûû
Italian ship 5.3.77
18h35
Tunisian warship 7.3.77
BourguibaE7 19h15
1talian minesweeper
5431
Same warship 8.3.77
07h00
Same warship 9.3.77
14h17
Italian warship nearthe
10.3.77
rig 15h20
ltalian warship 11.3.77
lOhO6
12.3.77
14h40
Tunisian launch 16.3.77 The launch left
No. 301 15h55 same day at
17h05
1talian rninesweeper 16.3.77
No. 5432near Scarabeo 15h20
IV
Tunisian launch (Ben- 16.3.77
zirt)301 IXh15
ltalian minesweeper 17.3.77
No. 5432 16h55
Tunisian launch (Ben-
zirr 301
Italian minesweeper 18.3.77
5433 14h55388 CONTINENTALSHELF
Name of theVesse1 Date Remarks Departure
Tunisianlaunch 21.3.77
20h40
Italiawarship5433 15h25
Tunisianlaunch 16h05
(Monastir)302
Ilalian minesweeper, 28.3.77
5431 15h30
Italiaship 4.4.77
17h05
Italianminesweeper 7.4.77
Tunisianlaunch 15h15
Italianship No540F 15.4.77
15h45
Italianship 21.4.77
13-155
Tunisianlaunch 27.4.77
Italianrninesweeper 15h10
ThedepartureofScura- 10.5.77
beo IV withan Italian 16h40
navyunit iDOCVMENTARYANNEXESTO COUNTER-MEMORIAL 389
Annex 14 CONTINENTAL SHELF
Annex 15
TELEX REGARDING THREA TO THE OWNERS OF THE J.W. BATES FROM THE
TUN~SIAA NMBASSADO T0RTHE UNITED STATE SF AMERICA
Reçu le27.05.77.
(Flash)
MINISTEREDEFENS NATIONALE
(M.D.N.) 27 1755 .B.
Votre mouillagsesitue dans une zoneque laTunisieconsidèrerelevant de la
souverainetéTunisie. Vous sommons de lever l'ancre et de vous abstenir de
mener des travaux de forage.
Ce messageest a délivrerpar embarcation etpar radio. Enregistrer l'accuséde
réception.
(Telex)
1June 1977
National Oil Corporation.
Tripoli, Libya.
Attention: Mr. Kntly
On Friday afternoon 27 May 1977 we received an urgent request from a
well-knownand respected United StatesSenator from thestateof Oklahoma,the
Honorable Dewey Bartlett,toeet with him,the Ambassador of Tunisia to the
United States and a representative of the U.S. State Department in Tulsa,
Oklahoma, as soon as possible. Because of our national holiday on Monday,
30 May, the meeting was heldon Tuesday, 31May 1977.
At that meeting the U.S. State Department confirmed, as it had previously
stated, that itwouldnot takesideswitheitherLibyaorTunisia withrespect tothe
merits of the border dispute, but thatlicy grounds the State Department
would strongly prefer that Reading & Bates withdraw from involvementin the
border dispute.
The Tunisian Ambassador advised thhisGovernment considered the con-
tinued drilling operations by our rig in an area claimed by Tunisia to be a
provocative act against its sovereigntyand one that his Government could no1
accept under any circumstances. The Ambassador indicated that his Govern-
ment would use any means under its control to cause'discontinuance of the
operations by our rig.
We advised those persons present at the meeting that Reading & Bates had
eamed its reptation as an international drilling contractor over many years by DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL. 391
duly performing its contracts with its clients in a prudent and responsible
manner and that prior to any action being taken by Reading & Bates in this
matter it would be necessaryto consult with you. Although the representative of
the State Department and the Tunisian Ambassador urged a response from
Reading & Bates at the meeting, we indicated that in light of the gravity of the
matter, an immediate responsecould not be made until wehad the opportunity
to consult you. We did agree, however, to give this matter Our irnmediate
attention and to advise the State Department of Reading & Bates'position as
soon as possible under the circumstances. The Tunisian Ambassador indicated
that any delay was unacceptable if drilling operations continued.
Our primary concern is that neither Ourpersonnel nor the 'Y. W.Bates"be
placed in any danger of injury, death, loss or damage, and thus we must give
seriousconsideration to thepossibiiityofharm toour personnel and Ourdrillship
in light of the present circumstances.
Notwithstanding the foregoing, we feel that there are potential alternatives
which,ifpursued soonest, would permit thedrillingoperations tocontinue under
the drilling contract to conclusion. Therefore, we urgently request a meeting,
request a meeting with your chairman and managing director in Ouroffices in
London at theearliest possible timetoreview thismatter indetail. Mr.Thornton,
Ptesident of ourparent corporation Iocated in Tulsa, Oklahoma, and the under-
signed are prepared to depart immediately for London.
As we feelsuch a meetingiswarranted by the present circumstances and is in
our mutual interests, wewould greatlyappreciateyour immediateconsideration
and favourable response to Ourrequest by return telex communication.
Reading & Bates Drilling Co.,
Houston, Texas.
(Signed)W. D. KENT,
President. Annex16
@ MMJ SHOW ONLIBYANELEVISIONCONNECTIONITH STATEMEBYT
MR.A'ITEIGA DOCUMENTARYANNEXESTO COUNTER-MEMORIAL
Annex17
[Arabietexrnotreproduced]
The Continental Shelf
From the rnilitarypoint of view,wefear none.As to the purelyadministrative
side of prospecting for oil and suchother questions, this isan issuegoverned by
other rules.So far, we are sure that current drilling falls within anarea that
cannot be subjectfor dispute betweenthe Jarnahiriya and anyother State.This is
proved by facts. The line which the Libyan experts Saydelimits our continental
shelfwith Tunisia i45 kilometresto theWestof the point wheredriIlingisgoing
on.Thecontract concludedbyTunisiain 1967forprospectingfor oilactuallylies
to theWestof this point where drilling is now carried out, 45 kilometresoff the
Libyan line to the north and the Westup to the border of the field. In 1968,it
becameclear that there wasoil to the westof that area, that is, to the Westof the
demarcation line between the Libyan and the Tunisian continental shelf zones.
Then Tunisia pusheditslineand submitted to Libyain 1968a newlineto theeast
of thefirst line. Eventhen, the new line was 10kilometresto theWestof the area
of current drilling. In 1976-1977,itbecameclear that therewas anoilfield to the
east of this point.unisian experts pushed the line again so that it could cover
part of the field and theTunisian line could fall within the area where there was
petroleum. If each time petroleum is açcertained you push the line towards the
field,then the question is no longerone ofyour continental shelfbut rather that
you wanted that petroleum, andit means that you want to tryyour luckwith the
hope that thisattempt bringsyousomething.Thedrillingplatform nowstands45
kilometres to the east of the line separating the continental sheKzonesof Libya
and Tunisia. Bere wearesurethat drillingiscarriedout in an areawhichisno1at
al1subject todispute.Thedispute stands astothearea whichlies45kilometresto
the west,and relates to whether the line should be removed towards the east or
the west.
That Tunisia needs oil, there is no doubt. Tunisian statements have always
affirrned this fact, without any basis or ground, It is clearthat Libyahas oil and
Tunisia has no oil,but thisis nojustification for Tunisia to searchfor oil evenin
the Libyan continental shelf.
Let Tunisiacorneto unity with Libya tomorrow, a unity that ensures equality
of Tunisia and Libya in sharingthe oil,from thecontinental shelfto the fieldof
Al-Serir. That is the correct historical solution.
If the question is that of the interests of the Tunisian people, let us establish
unity. For it is in the intereofthe Tunisian people to have unity between the
Jamahiriya and Tunisia. It is in the interest of theTunisian peop10be partners
with the Libyan people in oil. If any one seeks the interests of the Tunisian
people, this interest lies in unity between both wuntries. But those who refuse
unity and claim that they defend the interest of the Tunisian people, speak in a394 CONTINENTALSHELF
suspiciousmanner ;and this must raisecomments evenarnongTunisians them-
selves.
1 Say that this is not the real problem of the Arab nation ; it is not the
continental shelf. And we have no reason to display military force against
Tunida.
1 am sorry to say that during the last two days there has been a widescale
campaign to rnislead the Tunisian people, in the first place, and to rnislead the
world public opinion, by claiming that Libya has installed a drilling platform in
Gabes bay.
However,whenthe Libyanexpertspublished the map to the world, it hecame
clear that the platform was 120kilometres to the north of El Zawyeh town, and
was away from Gabes bay. It was said that if drilling was in Gabes, this
constituted an aggressionon Tunisia, but now that it is shown that drilling is to
the north of El Zawyeh, then to claim this site means claiming the town of El
Zawyeh itself.
Let Us Remove Borders
Instead of claiming ElZawyeh, letus achieve unity betweenthe twocountries
and remove these borders. This wewelcome.1do not believethat a site that lies
120kilometres to thenorth of ElZawyehand 220kilometresoffGabes couldbea
subjectfor dispute between Tunisia and Libyaifthe matter was simplyadispute
over thecontinental shelf,not overother things that could clairnvictims.1do not
believe it is possible to recognize the territorial concept that makes the conti-
nental shelfof Tunisia, ifthisline wereextended, to the north of Al Khorns.The
world would laugh at this idea and would refuse to discuss the issue, for this
concept would mean that the Maltese-Libyan continental shelf shall becomethe
Maltese-Tunisian continental shelf.
In any case, 1reiterate that the battle is far more reaching, the battle of the
Arab nation is far more reaching, and the tme solution of our problems lies in
unity. AI1Arabs should share their oil sothat al1potentialities are mobilized to
achieveArab progress and to destroy artificial borders. 1Saythere is a contra-
diction which anses because of revolution. This contradiction cannot be solved
from outside, as someclaim. 1Sayfor Ourpart that weexcludeany manifestation
of forceor threats, or not evenany publicity or propaganda in thecase of an issue
as simple as that of the continental shelf.
1Saythat a solution of this issuecouldbesomething likea messagethat cornes
not later than yesterday fromPresident Habib Bourguiba sayingthat hegivesme
thepower to searchfora solution,that is toSay,heauthorizes Muarnmar to find a
rnethod for arbitration and he accepts whatever solution cornes out.
1Saythat the logicprevailing between usdoes notjustify fears of using force.
Our force is to be used against the enemies of the Arab nation and not against
another Arab, for that would not bejustifiable. As I said in the above analysis,
the outcome of these contradictions would be a revolution, and not a clash from
behind the borders.
For Ourpart, wedo not feararbitration or negotiations, but rather seek them
for thisisthe waytobring out the truth. 1say now, totheTunisian people as well
as worldpublic opinion, to pravide for anyfuture developme~ts,1say that even
if, for argument's sake, it turned out that the site where the platform is now
operating appertained to Tunisia, 1Saythere will be no problem.
In such a case drilling would be in the interest of Tunisi; but if it turns out
that the site belongs to the Jamahiriya, then drilling should goon as it is, for the
Jamahiriya. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 395
ReadyforArbitration
Thereisnot asolution asreasonable and practical asthe one 1havementioned.
Let us go for arbitration and negotiations. And now 1Saythat if,although it is a
remote possibility, the site turned out to belong10Tunisia, then the benefits of
drillingwould accrue toTunisia ;but if thesite ultimately turned out tobelong to
theJamahiriya, then it should faIlto theJamahiriya. Thus, there is nothing to be
lest in continuing drillin; on the contrary, it would be beneficialto man, who
faces shortages of natural resources al1over the world, if drilling continued to
exploit natural resources.
Our brothers in Tunisia invited the secreiary of Foreign Affairs to visit
Tunisia. We have no objection to this visitany time, provided the atmosphere is
right,and cordial. Hewasabout to go, but whenIsawtheinformation releasesof
Tunisia wedetected a tone of threats and attacks, sowecancelled the visit. 1still
rnaintain that if the atmosphere is cordial and normal so that understanding
would be promoted, then there would be no reservation on the visits between
Tunisia and Libya on any level.However,if the atmosphere smellsof threats or
attacks or insolence,then wereject thesemethods and wealsocloseal1doors and
keep the keys in our pockets and act in a rnanner that would be understood by
those who only understand such a manner of conduct.
For Ourpart, history shall not say that we displayed rnilitary force against
Tunisia. But 1alsoSaythat this isan issuethat should bereferred to Libyans, for1
alone cannot take a decision on it.My duty is to participate with the masses to
enable the people to maketheir decision.1am nota president orkingor prince to
impose my decision on the masses. The decision will have to be made by the
people'scongresses. My task is to struggle with the masses so that the people's
authority is asserted and the masses can always take the decision.
If someone opened al1doors or closed al1doors, or opened some doors and
closed others telling us which way to go, wanting to impose on us a logic other
than that of negotiation, then weSayno and wecan also take a decision suitabIe
to the situation.
Thus decision isleft to the Tunisian Government ; ifil createsthe atmosphere
for understanding, weSaywelcome.But if it disturbed it, then it would bear the
responsibility. The Foreign Secretarycould goanytime to Tunisia and rnayagree
to any formula. The Tunisian Foreign Minister came here twice and then they
extended the invitation to the Secretary. He must go, even if it wereonly out of
courtesy. But 1refuse the visitif the atmosphere is full of insults and attacks or
threats, or if there was anything to indicate that negotiations may be conducted
under any condition that wedo not accept. Weare free to refuse and free toact
according to the situation.
UnderstandingPossible
1believeit ispossibleto reach a solution oran understanding in respectof this
issue,if the right circurnstances wereprovided.It ispossible to do sowith people
who observe their national obligations and refuse to gel stuck in issues of
territorial borders. Wedo not givemuch attention to those simplequestions that
may cause the Arab nation 10 suffer undue losses. The Libyan and Tunisian
peoples need each other. There are tens of thousands of Tunisians working
together with Libyan, Egyptian, Palestinian, Syrian, Lebanese, Iraqi, Sudanese,
even Mauritanian, brothers. This proves that unity is a must, and there is no
alternative to it. Borders have become very much weakened, due to the move-
ment of the Arab people towards unity. CONTINENTALSHELF
Annex 18
REPRODUCTION OF FRENCH MAPENTITLED
CART DESCBTESD BARBARI EU LEROYAUMES DMAROC ,EFEZ ,'ALGER,
DE TUNIS,T DETRIPOLAVEC LEPAYSCIRCONVOISINSM.BONNE P,ARIS
Annex19
PAGE S72,373375AND 377OF
ANDRBMARTEL L, CONFINS SAHARO-TRIPOLITDE LATUNISIE,
TOMEPREMIER,PARISPRESSEUNlVERSlTAIRES FRANCE 1965 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
Annex 20
EXTRACT SROM PAGE S90AND 191,242AND 243,275,282,3 16,325,333,351,
372 AND 378 THROUGH 380 OF THE DOGUMENT KUPLOMATICI IT*:LIANI,ND
SERIESV, OL.XXI
(Englishtranslationsthedocumentsin Italian)
228 (pages 190and 191)
PRESIDEN TF THECOUNCIL AND ACTINGMIN~STE RF FOREION AFFAIRS,
CRISPI,TO AMBASSADO BLANC AT CONSTANTINOPLE
D. 334/ 115 (1). Rome, 15October 1887.
The War Ministry has just communicated to me a memorandum from the
General Staff Corps Headquartersncerning themachinations and aimsof the
French along theborder ofTunisia andTripolitania. 1passonto V.E. a surnmary
of thismernorandum inorder that he rnayascertain the newinformation therein
contained and make where they shouldprove true, the appropriate wmplaints,
reporting back to me on what he has been able to gather ainthe rnatter.
According to the newsreceivedfrom a good source at the General Staff Corps
Headquarters, it nowseemscertain that Turkey,at firstopposed, has nowpartly
givenin to the clairnsof France and that a portion of theterritory ofTripolishall
soon be united poiitically with Tunisia. Though considerable, this portion of
tenitory willnobesoejrtensive.GiamilorSmilalkated not quiteonthe Coast
but inland to thesouth oflakeElBibanwillbeinwrporated intoTunisia through
border adjustments. The French willestablish, as skn as possible,a garrison>t
Zartis (Tunisial from whichdetachments willbesuv~lied.Thesewillhavea total
streng;h of 500ken moreor lersat Giamila and ~;&at. Thesetwoppints willbe
fortified.
It isbelieved atTripoli that if no power shouldtake the French to pass forthe
above-mentioned adjustment, she will take advantage of this to push onward,
and shall make a thnist above al1toward Ghadamaregion whichthe French
are yearning to reunite to Tunisia.
The frequent raids, arnongwhich someveryseriousones likethat perpetrated
in the recent past on the tribe ofrghamna and Duirat, il seems,have been
provoked byFrench agents, namely byGeneral Allegroresidingat Gabes. These
raids tend to maintain a troubled atmosphere designed to serve the aims of
French policy, as represented by Mr.ssicault. This is to Say,aims of new
territorial conquests.se raids that keep the fire of discord burning between
the tribes must be watched inasmuch as they mayfacilitate, as other examples
cal1to mind, new and more considerable annexations.
282 (pages242and 243)
D. 355/ 123 Rome, 6 November 1887.
With referenceto the previouscorrespondence exchanged withthat Embassy
on thesubject of French manoeuvres on the border between Tripolitania and398 CONTINENTAL SHELF
Tunisia, 1believe1ought to cal1the attention of Your Excellencyto another fact
which mycolleague,the Minister of War, has brought to myattention.This fact
confirms the suspicionswehavehad on theintentions of the Govemment of the
Republic (Note : France). The headquarters of General Staff Royal Corps,
having had occasion to examine the maps of Africa on the scale of one-four
million, of which the Perthes firm is publishing a second edition, has revealed
that in the second edition, the border line between Tripoli and Tunisia was
moved in such a way as to leave Tunisia with al1of lake El Biban and Kasr
Wassenin thedirection of the Duirat mountains where theymeetGabel Nafusa.
That is, the border of Oued of Mokta was marked. This is the border that
Mr.Cambon. already thecurrent resident inTunis,considered to he thetrue one.
Froni the illustrative notes, indicating the various sources from which the
corrections made on the original map have hecn obtained, it appears that the
direction takenby thesoutheast border ofTunisia,established inagreementwith
the Pasha ofp ri powias derived from the mapes Itinérairesae la Tunisie"
published by the FrenchPhotographic Institute in January of this year.
Specialattention isdueto thecircurnstancetowhichopen referenceismade of
the agreement that has been reached withtheasha-Governor of Tripoli. This
couldexplain therepeatedassertionsof theSublimePorte that no agreement had
been reached between the French Govemment and that of the Sultan. The
General Staff Corps Headquartersoes not have sufficient intelligenceto assert
that theoccupation of theterritory hasactually takenplace,theterritorywhichin
the Perthes map already appears as part of Tunisia; but at any event, the
above-mentioned matter hasper se too much importance forYour Excellencyto
overlook.Your Excellencyshould try to find out what is known at the Sublime
Porte concerning thisignificant border alteration and what the officia1line is.
316(page 275)
PRESIDEN TF THE COUNCIL AND ACTING MIN~STE ORF FOREIGN AFFAIRS,
CRISPI,TO AMBASSAWB OLRANC AT CONSTANTINOPLE
D. 377/133 Rome, 18November 1887.
In my dispatch of this month, 1requested Your Excellencyto bring to the
attention of the Subliine Porte the striking pieceof information contained in a
recent mapofPerthes.Accordingto this,with theconsent ofthe PashaofTripoli,
the eastem border of Tunisia has been pushed back al1the way to Wadi Mokta
with a considerable expansion also inland.
Concerning this very same topic, 1 now received from the Royal Consul
General in Tripoli, a report a copy of which 1am enclosing. According to the
intelligencegathered in this report theer has evengreater gravity. It is no
longera question of a simplenotation on a map, bereft of any officia1character,
but it isnow theconfirmed design of the French to annex a considerable area of
territory directly subject to the Sultan's sovereignty to their Tunisian protec-
torate. Fortification operationsGemila are now being prepared (Gemila is
located in this zone)and everyattempt on the part of theTu~kishauthorities to
exerciseadministrative powersin this same area are being violently rejected. In
the face of similar encroachments, the Pasha of Tripoli appears sufficiently
aware of the duty that rests with him to safeguard with effective vigilancethe
prerogativesof his Lord. As far aswe areconcerned, and from thepoint of view
ofbalancewhichwewishto maintain intheMediterranean at al1coswe,can do
no lessthan to declare as of now tany attack on the part of other powers to DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 399
alter the present territorial situation in Tripolitania is without legalforce. How-
ever, we do believe that for our part we owe it to friendshp, not to leave the
Sublime Porte in ignorance of what is going on to its detriment and which it
ought to energetically oppose, as is its undubitable right and duty before the
French designs becorne Frencfaitsaccompiis.
Your Excellencywillprobably, in so doing,have the consent of th: colleagues
representing the powers which havewithus a wmmon programme of peace and
maintaining thestatuquowith regard to Mediterranean affairs.
327 (page282)
THEPRESIDEN TF THE COUNCI LND ACTINGMINISTER OF FOREIGN
AFFAIRSC ,RISPITO THE CHARGE D'AFFAIRE ST LONDON C,ATALANI
D. 483/475bis. Rome, 20November 1887.
1pass onto you herewith enclosed a dispatch which 1am forwardongthis
day to the Ambassador of His Majesty at Constantinople. A copy of a report by
the RoyalCouncil ofTripoli isappendedto said dispatch. He willnotice that we
are faced with events whichment serious considerations. It is obvious that the
French Government ispursuing an expansionisticprogramme alsoon thepart of
Tripolitania, This plan cannot be albywpowersdetermined to maintain the
statusquo in the Mediterranean basin, powers bound together by reciprocal
pledges to this effect. Pleasetrytofind out if Lord Sisawareof what is
goingonand tellhim thain Oureyes,theconduct of the SublimePorte isequally
reproachable whether the Porte isallowingthings togo on by connivance and in
the hope of other advantages to be obtained elsewhereor isgivingin to pressure
whichisbeing placed on it and which it ismaking no attempt to avoid. 1shall Say
further comment in return to this important subject as soon as 1 have new
intelligence in the matter.
369 (page3 16)
THEAMBASSADO BRLANC AT CONSTANTINOP LOETHE PRES~DEN OF THE
COUNCI AND ACTINGMINISTER OF FOREIGN AFFAIRSC ,RISPI
R 147 Constantinople,2December 1887.
1refer to my report No. 141of the 29th of November last.
The explanations requested by the Porte from the governor of Tripoli on the
Tunisian border adjustments not having yet arrived, 1believed it opportune to
enable the Porte to request once more by telegraph clarifications from that
officia1on basis of new information contained in the Ministenal dispatches
Nos. 123and 133of this series. My three colleagues consented with me in so
doingand in particular theAmbassador ofGermany remarked toGran Visirthat
the policyofstartu quoaffirmed by the Powersisbased upon thesupposition that
the Porte, for its part, is able to preserve its own territorial integrity which,
however,if it werediminished in Tripolitania by the doing of the French, could,
as a natural consequence, also begnawed away at by others. The Gran Visirhas
indicated his appreciation of the seriousnessof events which have been brought
to his attention and has renewed by telegraph his request to the governor of
Tripoli for more preciseclarifications. He has, moreover,hmdeto enter-
tain no communications on border mattewiththe local French commanaers,
but rather with the high command in Tunisia. It seems to me doubtful that this400 CONTINENTAL SHELF
order willhavpracticaeffects.1shallfurther insistaPorteon thenecessity
of avqiding further delays in providing clarifications requested.
384 (page 325)
AMBASSADO BRLANC AT CONSTANTINOP LOETHE PRESIDEN TF THE
COUNCIL AND ACTINGMINISTER OF FOREIGN AFFAIRSC , RISPE
R 154 Constantinople6 Decernber 1887.
After the categorical and officia1l repeatediy put forward by the P.rte
not only to mebut to my Enghsh, German and Austro-Hungarian colleag-es
thesedenials ruleout anyparticipation whatsoever bythe Imperia1Government
in border alterations which supposedlyare going on between TunisiTn-nd
politania-the newrnatenal published by the Geographic Societyof Pans gives
us every nght to demand further imrnediate explanations in the matter, Le.,
outright explanations ofpnnciple. This isjustified by thefact that not only does
it appear that territories concerning which the Porte dws not demonstrate
havinganyexactgeographicnotion, havebeentaken awayfromTripolitania, but
also the distance of any agreement, even one reached only by the governor of
Tripoli with the French authorities would be detrimentalhe reçoive con-
stantly manifested by the Porte to me and to my aforesaid three colleagues to
refusetorecognizethe French protectorate at Tunis.ingnowto theoffice
of Gran Visirand am sendingdirectly to the Sultan the information telegraphed
to me by Your Excellency.1shall report on the outcome after this mail goes
out.
396 (page 333)
R Confidential 155 Constantinople,9 December 1887.
This is a sequel to my report No. 154concerning the shifting of the border
betweenTripoli and Tunis. Havinggoneto seetheGran Visiron thesixth of this
month, 1pointed out him, on thebasisof two telegrarnsfrom Your Exellency
of the 5th, the affirmation published in the bulletin of the Geographic Societyof
Paris, whichpursuant to a convention existingbetween France and Turkey, the
border betweenTunisia and theTurkish provinceofTripoli has beenfixedto the
east Cape El Biban, 32kilometres from the former border, the entire bay of El
Biban now beingunder French protectorate. 1provided myselfwith the map of
Justice Perthes, andowedto His Highnesson that map the territory of Tripoli
that the Geographic Societyof Pans claims has been reunited with Tunisia in
accordance with the aforesaid .Franco-Turkish conventi.n ..
415 (page 351)
THECHARGE D'AFFAIRE AT BERLINR , IVATO THE PRESIDEN OTF THE
COUNCI AND ACTINGMINISTER OF FOREIG N FFAIRSC, RISPI
R. 4565 Berlin, 13Decernber 1887.
In today's interview,the Secretary of State was pleased to report to me the
results of the investigation which he hadrnised to rnake cancerning the DOCUMENTARY ANNEXES TOCOUNTER-MEMORIAL 401
French penetration from Tunisian temtory into Tripolitania, and relative.tothe
aforernentioned agreement which supposedly was reached betweenthat power
and Turkey in the matter of a boundary definition betweenthe sarnetemtories,
advantageous to the former(R. 4552of the PolicySenes,dated 27 November of
this year).unt Bismarck told me that according to intelligence that has
reached him the French Government denied emphatically both circumstances
herein referred to. He believed then that negotiations were underway between
Your Excellencvand the Endish Government to aupoiatcommissionfor the
purposesof veri*fyon the;pot the tmth of thesekatters lyingbehind so rnany
bits ofcircumstantial evidenceand at thesametima s-onenlvcontradicted both
at Paris and Tuniand at Constantinople.
444 (page 372)
L'AMBASCIATORE A COSTANTINOPOLI, BLANC,
AL PRESIDENTE DEL CONSIGLIO
E MINISTRO DEGLI ESTER1AD INTERIM, CRISPI
Costantinopoli, 20 dicernbre 1887,ore 22,5G
(per. or8,40del 21).
Je signale a la Porte toutes les nouvellestrop significativestouchant la fron-
tière tripolitaine.Ni gouverneur de Tripoli ni l'ambassadeurdeauParis
n'ont rien télégrapsur les faits que nous signalons.Tout l'entouragefranco-
russedu Sultanlesdémentet s'écàchacune demescommunicationsappuyées
par mes trois collègues(Voila les Italiens qui soulèvent laquestion de Tri-
poli.o
Lafrontièreétant incertaiàcelaprésinconnue la Porte,et secompliquant
par laprotectiondes tribus,Portecroit nepouvoirmieux,queconfirmeràTripoli
eta Pans que toute invasion est inadmissible. Journaux français de la Colonie
font comprendre que la France fera démarches convenables la Porte pour un
arrangement, en tenant compteque la Porte,pour ne pas préjuger laquestion de
Tunis, ne peut pas procéderd'accord avecla Francee délimitationqui n'a
jamais étéfaite.
452 (pages 378-380)
AMBASSADO BLANC ATCONSTANTINO TOLTHE PRESIDEN OT THE
COUNCI AND AC~ING MINISTE OF FOREIG ANFFAIRS CRISPI
R. 172 Constantinople,4December 1887.
Clarifications having beenmade between Sir WilliamWhiteand Count Mon-
tebelloconcerning the Gran Visir'scomingbackto theidea ofintroducing in the
SuezCanal convention a clause on canal clearance, it wasmade clear that the
French Arnbassador has not seizedpressing the Porte frorn accepting the con-
vention without modifications. SirW. White nothisGovemment thereof,
that 1,Baron Caliceand Mr. Radowitz who receivedt22 instructions in the
matter, areadvisingthe Portetosupport theconventiondraft without bringingin
any questions of clearance,
Count Montebello's silencetowards his English and Italian colleagues with
respect to the Gran Visir'snew insistence ona clearance clause isexplained by402 CONTINENTAL SHELF
the difficult positionin whichhehas beenplacedby an unexpected aspect issuing
recently from the clearance question in relation to the Pauncefote reserva-
tion.
Your Excellencywill remernber that in submitting the present draft conven-
tion to the Porte, the French Ambassador had affirmed that he, along with his
Government were maintaining their pledge, undertaken because of the aban-
donment of the Drurnmond Wolff Convention, to help Turkey to obtain clear-
ance from Egypt ; and that from the assertions of Count Montebello that the
present convention will facilitate clearance, Mr. Nelidow took the floor to sug-
gest that the clearance be expliciily stipulated in the same convenlion while
Count Montebello, apprised by Sir W. White and by me, that this latter cam-
plication scuttling the convention, spoke to us in the correct manner which 1
reported on the 13th current, the Sultan was taking into consideration the
aforesaid assertion by Count Montebello and the suggestion of Mr. Nelidow ;
and he has now authorized the Gran Visir to push for a resolution by the
ministers on the appropriateness of proposing that the entire text of the Paun-
cefote reservation, reconfirmed by Lord Salisburyin the note accompanying the
draft convention from an article in the same convention. With such an amend-
ment, it appears thai the Gran Visirwould aim either to abandon the plan or to
commit al1the signatory Powers to bring about the actual clearance, without
which the convention would end up being, by its very own terms bereft of any
value. The Gran Visir, therefore, as well as Mr. Nelidow, but for opposite
reasons, would not seeanydrawbacks to breaking the Franco-Britishagreement,
of whichthe convention is the instrument ;Said Pasha does not disagree therein
with His Highness, but considers that, al1the maritime powers having rights in
the Suez Canal, while Turkey alone has rights in Egypt, it ispreferable for the
Ottoman Govemrnent that the two matters be kept separate.
The situation, therefore, has rerurned to that of 1882in the convention of
Constantinople. France and England being on the way to agreement with the
participation of Italy, and negotiatingfor the support of thePorte, Germanyand
Austro-Hungay are intervening either to prevent England from strengthening
its commitments to France or to deprive the budding agreement of al1practical
political efficacy by transforming it into a European entente. The difference is
that Russia, then united with the two Empires in an alliance which burdened
Europedue to thepartition of Poland, isnowisolated from them and isnolonger
associated withthe Council Chambers of Vienna and of Berlin in order to stifle
the western agreement by embracing it, but now ... ostensibly fights il. Except
forthis difference,a certain latent solidarity has corneaboutby itself arnong the
three Empires in opposition to the western agreement, with the advantage for
Gerrnany of an accidentalantagonism between Russiaand France in thecurrent
Egyptian negotiations. In a situation suchasthis, it wasnot easytomaintain here
strength in unity in Ourgroup. Fortunately, the confidence nowinspired by Italy
in Berlinand alsoby England rules out any risk that Prince Bismarckwillreturn
to a show of force as he did in 1884and 1885 in opposition to the solidanty
established between France, England and Italy on Egypt. Meanwhile,my three
wlleagues and Iare making an evengreater comrnitment to hasten a decision by
thePorte in accordance with our instructions,in so farasweare convinced that it
is desirable, in viewof the current European situation that the negotiations in
question corne to an end. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 403
Annex21
PAGE 532THROUGH 534,538539 AND 540OF
JEAN DESPOISLA TUNISIE ORIENTAL:SAHEL ET BASSE STEPPE, PARIS,
SOCIÉT"LES BELLE SETTRES"1940
Annex22
PAGES~~ ,3,104AND 105OF
ALEXANDR PAPANDREOU, "LA SITUATIONJURIDIQUE DES P&CHERIES
S~DENTAIRES EN HAUTEMER"REVLT EELLÉNIQUEDEDROIT INTERNATIONAL,
ATHENS,1958
[Norreproduced]
Annex 23
[Norreproduced]
Annex24
SECTION287 OF
EMMERIC DE VATTEL DRO~TDES GENS,VOL.1,LONDON ,958CHAP .3
(Norreproduced] CONTINENTALSHELF
Annex 25
[Not reproduced]
Annex26
[Not reproduced]
Annex27
PAGE446 OF
PAUL GUGGENHEI MR,ITÉ DE DROIT INTERNATIONAL PUBLIC,
VOL.1,FRANCE, MINISTÈRE DES AFFAIRES ETRANG~1953
[Norreproduced] DOCUMENTARYANNEXESTO COUNTER-MEMORIAL
Annex 28
PAGE 49 OF UN DOC. A/CN.4/60
pas posrible de p05er de regle généraleque Rs Etats continental aue certain? Etats ont nr<scntCtsiri cours
devraient sui*re tt il est probaliIt que les difficultiae cesderniCrcsannfrs. iiinislesdeuxqii~~Iiiin~irnbl~nt
surgiront.Par exemple. ilse peut qu'aucune limite entilrement diffirentes ek pour cektr rairon rIli,r ont
m'ait Cti iixee entre les mers Ierriloriolcs respectivestétraitits siparémcnt.
dcs Btats intiresds, et aucune régiegéniratc n'existe 2. Lr. protection de la faune marine contre I'crirr-
pour ces limites. mination s'imposedans Sinltrtt de la con5crution drs
Dans fe mmnrenlaire du projet. soumis aux gouuernc- ressourcesalimentaires du mondc. Les Etïtr dont Irs
mtnls, la Commission wail proporl dobligrr les D!ofs
resnortissants se livrenlA la pCche dsn~ une rlgion
de roumrllrchi dif/irends surgisrani cn celle malilLc doonCeont. en connéquence.une rerpoiisabiliti parti-
rarbîlrage ex =quo et bono. Eu igard aux objcclions tulitre et ils devraient convenir entre eux de la riglc-
uiu!aiies par plusieurs gouurrncmrnls contreceitt prop-rnentation IIappliquer dans cette région. Lorsque les
silion. Io Commission ra modiliie. Si un accord ne ressortissantsd'un stul Etat se livrent ainsla ptlche
peulClrc riofisi cl une prompte rululionimpose. lu dans une rggion.laresponsabilité incombe h cet Eiat.
l?lols inliressbrhrrchcronl la solution de cc conllil
Toutefoia. I'exercicdu droit de prescrire des nieiurts
en can/ormili miccles r<g!csronuenuerentre euz pour Ir de prutcction nedevrait pasexclure lesnouveausrtnua
rl~lernenlpaciliquedt leurs dillirends. Si Ir dillircndde ia participation P la pEchc danï une rigioii quel-
n'es1pm soumir à un règlrmrnl judiciairr ou arbilrol. eonaue. Lorwiue la rinion de nCcht se trou\e ri orir
ildeurafoire robjel dune procidure de cancilialion. de ia cbtr (".une i(glrmeot;ilinnnu l'ahsencc' de
2. Si1 s'agit des territoires de deux Etab rCparCs réglementation pourrait avoir des ri-crcussion, sur In
par un hras de mer. la dilimitationentre les plateaux ~Cchedans lu mcr lerriloriole d'un ktdt riverain. cet
fontincnt3ux coïncidera gCnCtatementavec Ünc cer- &tac devrait avoir te droit de participPI'ilnboratioii
taine lignetdiane cnlre tesdeux cbles. Dans cecas,la d'une riglenicntstion P apptiquer mPnii* ri rer ressor-
configuration des cdtes pourrait toutelois laite surgir
des dillicultlpour le trac4 d'une ligne médiane. et 3. Cc aystCme pourrait ic riviler inellicace si tes
ces dil[iculttdevraicnt ltrc soumises i un arbitrage. etab inttressis ne parviennent pas I s'entendre. Le
meilleur maycn d'obvier i la diïïicultt: serait d'insti-
SECOXOE PARTIE : SUJETSVOISINS tuer un organisme permanent qui scrait eomyl:tcnt
IICILESSES DE LA MER ur pr6senttr. en cas de désaccord.des rlglra que tes
i?tata seraient tenus d'avplisueI la ~lchc ~ratiuuée
pir leurs reuorïissant; 'dans ces parages: Lc 'cas
khianl. on pourrail. du moins pro~~iroircmcnlln. irc
Uii Etaf doit lu maortiuiiitr rt liml 1 laplck usageGorganiralions qui crislenl dijd en cellemolilrr.
be* un- région qutlconque de L. hiute mer où ka En car Gune pluralili dc cesorganirmrs. drs mesurrr de
w~s~rii~s~nrsd'aurrer Etils n'uercrnt pas h .@ch mordinalion de feurs lrauaui a'imporinl. Cctte question
pu1 rigIementer et mutrâler L plchc dLlll cene semble rtntrcr dans la compétencegdnirale de I'Orga-
région en nie d'en protfger hi raiourcn conln nisation der Nations Unies pour I'aIimentation et
I'igriculture.
I'rztcnuinntioi. Si lu msiorliruiiri de plwknn
Etnt9H ümit hi 1 h pkhc ~MS me région. Œs 4. La pollutioodi5 eaux de la haute mer roulCve
mesures lerait prises de concert par cea Eïiri.Si nue
rrtie ~clconquc d'me régi00 r hourc i moi- de dei probldmts particuliers en cc qui concernenon sculc-
O0 miUc. dr b mer terriforiule d'a Etit rire&, ment ta protection des richessesde la nier mais encore
celic d'autres intfrltrLa Comiiiission a notg que le
cet Etat m 12 droit de Ficiprr iur uir pied d'igaliti Conseil icononiique et social avait pris une initiative
1 toute réglemrntirian, même mi sa rrirortkumri en lamatiére[résolution 298C (SI) du 12juillet 19501.
nz me &-nt p i L p5cbc h =nt ré+i. Lcr
mesurer piiru dans uni crrraina rfsion znii par k
ru1 Eiat doni Lr ressortislanuy exercent lo*ch,
mir pi plutieurr Etais Sun rammun accord ne lient L réglcmeitition des pëcherics ridcntdwa drur
p ks rerrortirsonirEautrrs Erats qui y wudrakiir k. rtgioas de Ii huit mer contipS i u mrr terri-
urrcrr h +rh. mrialr peut être catrtprk pu on Et.1 Ionque lei
Article 2 mwhnii de cet Etit entretienoenl et erploiicnt
ca pkheries depuis bngtcmps; brrgu* rEtaf rire.
Gmpiieacc dcdt Ptre donnée i un orpnume
htrrnitioiiml pcminnent pour cliectuer du cliiyuçlei rain a aurorisd jusqri'lprfwni Ls prsonnrs qui ne
roiil iusesressords~anfr h la iivrird 1.@hr, if n'a
centir~iisiur 1s pkberin du monde et la mttbodu pi draiid. L Lur interdired f'arrnir.Toutcloir,
employ&i pur leur rrploiritioa &t orginirme mnc régkmcmtmtioone portera pu attckir riircgiriie
Ievrit ivok k pouvot k ber du r+ PLU lu +&rd de m rigios, ci tant qui haute mer. Lrr
nieiun de piotcetioo 1 appliquer pr In Etrb doit pkheries ddeneircs nr lireni par aroir pur cons€-
Ici rrssortknt~ H livrent j h ~kbr b uiie zigion
quen,-tde g@ner~nsiblcmtnf I. narigeiinn.
prticuli~rc puclconque. bquc km Etiis inrircraii
meparvieunent pu 1 i'eaicndrc cntm eu. Commrnkirr
1. La Comniissiori est d'avis que Ici ytctistirs ilden-
laires devraicnt Etre ri.yl~1ii~nt2esindti~iïri.Iainii,.nt dii
1. La quration de la protection des rirlii*rsrdi.ln problrnic du plalcau ciuiliiientlifLI, pii,i>ili.,r!;
mer a itE jointe aux rercndiccitions sur Ic pl:itcau rrinliii.nu pi:lli,acontiiit~ritli conci.riiI'e\islr?i-CONTINENTALSHELF
Annex29 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
Règlementsut la Pêchd eesEponges et desPoulpes
(DCcrctr dci 1G juin 1892, 11 janvier 1895 ri 28 ~oiii 1897)
Artich Prurnier Io Mchc tnrlurivc &* paulffr in muirqii
6i éwnpcs poulpci libn rompic? cornmc omrrci d. botmur innritr
toute réInduc boncl oui lo *hi miro el Icr bateiiur de I'wc
ronditia\i it chorna ci-oprbr a~ I'wtrl di cm catéawlos nc pairmt
dons oucun cor comptcr t- anneici dr
TITRE PREMIER I bt.ou~ inscritspo(ir la o&~k blorsho.
Réai- 1 le t(k ük *LionChe- TITRE II1
M. Z Ill~iu m~plicoblo iun meuboi
Ait. 1
hicm vaut mxarcw la Dbcha blonrha.
c'rit-A-din h &hi dm Cmn wi. lor6.s &i,- -, Doui-
ot *Hcs la *-ri. PCS 0.r~ OU sons wnhor~olim. doil.
~ofotion. <. lou pr4olabls Wu*~ munirl*Cu-*- pdoloblo nidi mtents wi erc
patnta wi um etirr4e ro*anont k wlC- e&liv,& micinni da jo io.,
ml da toxm ci-mrb : :
Por borguc ............... .Fr. 30
lorqucltcr m t ou II-t fi:Obl~% 20 ftŒt~f Ou mOmen1 da
ditc konihb ............... .Fr, 100 Io di.llvioncodc Lawtente ot It
Botcaui milos &h~t A la % ~~~lurdam ka lrois mois wi-
d*opuc dite pmyow ............ 3b0 .rn,I.
Botmur pCchonl ou uophondm,
par ormanil ................... l.m .
LI?pah-mt inlhml ëe la lo*c &vm tire
fait ou i~mrit do le d;.livroncc do la Po*ablcs cn enlier ou m-l de
potmt* ia ddlirranci dc la mtmti.
Art.'3 TITRE IV
L'mm~loi dr b von)a+o et celui du Ica- Dii Datante#
phndrc sont lormellenwnt .intcrdilrdv I* Ait. II
membro ou 31 cikembr* ineluli-t.
La *hi des barmes ou mom d.r bo- LOS PotmiCs wront &livreel dani lm
temm mnolns au procadfs outrn QU ceux porli wriili au coinri~rcc. Leur durka ma
dbihrdr Pt Espi6-t l'bgl.mart rrt Ddd- d'un M i tanplar du 1.rjonwier dr. cMw
bhritartt*nW -da, &le 4~ amt 1.6- de la +
m. 4 m.
Lw droit vtrd ai Th-r n'iit nriiiwblc
Tout bolmu orerwnl la dcha Wonrhi dm$ suri cor.
&vm portsr M tomct&rcs Ir& opporcnl,.
orri&m, I'indicotiondu nidiacun dcdsroemtcntc.* Ait. Y
i-3 balmur pkhnnt .3hi nnmuuo ilcviiml Lcl dcmadci rb polenier, davront i.tic
m wtrr. potici cn ibic du di ic diri*I@v&. nrlrc&% w prc& I la Nici do lo no-
wia lkmmo & iec-isvnrs rouoe. I vqniiuri ot dfr pfches
mu blancha oyaiil ou guimht wa Lat-
Ou ininbno d.- -- canlidlr-r --. Illc'iiiicnliorriciuilI-i i-ii.i-i..iiii-t-I
TITRE II cwolilh clii dcmmndcur. sa miior~~l~l~, lc
irim ihi tuilcou ipi rhil sicrtcr lu i#i.?tr.
-1- opplsabb I Li mkhc Ulm -riin- vinri puc I'irklicolio& $on p<iil #l'ulluttic
Ail. 5 cl ic w b49c fiIlicicllIci iun. pri'noirir
ct wolitbs df ~'orino~cii;. I'OII~CI~.~sir
Q~ic~(q4 wu1 .ZOICCT Io pkhc mire. du cuniginloiic: 1i nmihtc d'hnmnia; d'c.
c'rai-h-illm b pkha rlri Ç-er are I'm Iiiim?. Ir nm& rk! n@:iu qrir Ic hOlcau
&%#quo 1 Wlot brut, ou A b lois b &ha coniplc unyilujct. *.cc. mi kr Kouhon
mirs it Io *hi der poulmr. nnlt oii pi&- dimi. le nuitthc d. cri upuuto~l..
dobi. u munlr d'uu polcnlc qui %cm <&- Twte drrimnle rcm nccnmm~g~re rlar
d-mrh movovnnt wrIo trlmaitrc ffomruo 1'x0 rwtlilorsdu hord qui rcrlemit cnlre lm
iminr du prh>od' .\Io pnlico rl* lainu.ijo
Por bow drhal au ~riàmt. .ri. 40 In vnlirlildib III m~~eiilc.uaiif~la rusloiibda
Art. 6
Dons aucun cos im hsiiaux Lnicrilimr ni*#ilOpe,,+:IIVru*l .l~liwi.mwl&a rvafin%n te- CONTINENTAL SHELF
Art. 16
ôa lm ienta dei tpwcs ii dr, oirbtr 5crn puni d'iim Omcnne oe 2w i, I.Oi8'i
Ar$. 10 iriws cr n'un cmpitianncmcni da ris mir
II,müir rw dc 4'uM dl tes ilni* iriiics $rd
Les POoripn Uaneh.i. Ics +ci WICI cnwmt.. quirwquc w liwicro. en hariw. A hi
it les paJWI seci ou tioir dawront &rra *chi dm dpfmjes ou,p~tms rom%elrc miwi.
intbdtmant oppoit4r doni I'un das ml6 i'unc petenla ddtirrc~ dans Ics turuiilioa
wvarta OU CQ~IIICHKO. cglcmcnt. aru oiticlcs 2. 5. ci 1 du prPwnl
Catie disposition n'cil poi qrplicobli aux Si. la pirk. a ,cu lieu I Io dimue ai w
pris mr les *Murs O pied. içopi?w~Ire. Ic miiiimum Jc I'omcnda 'ci0 r.r
A kur dtbarpumiinl, 1.r &man cl ICI iiW) .iancs el il mir.ri élic riic*mb uii em.
parl$es rmnt pc¶cntcs ou Didmd; A la rilonnment do cuiiiri bri A iiois mois.
wl~c & la mvioati~ ai dn pictes, mi Qdiconwe ae I1vw.o I Io &kc dei wulw
~~mistimm 1-1 midi ou lOYI nombi*. L pied. sons diri muni da lo palenta dclolc
b cette ~5cho. urn mi d'une ~rnrlC ck
Cotto twmolit& oct~~io. Ici péchcurr ?O I M irn"~s cf d'un enpriion+rmmt &
ditposeront A leur arb du praiuit âe Imur cinq A dix lwm ou & i'un da crr dcur
ptcki. or wnr* ai Ouiremcri+. psmr scutcmmt.
Ait. II
Art. 17
Lo veni'c dos Lpon?os MnnChes, dm épm- h*o puni dis wim prd~i Doi I'oitklc
qes noircl et des poolpcs Our mchCres pu- 16. ptagroph. le?, micorigue se liviiro a
hlr-s nc pwiro avoir lieu quo mr le mi- Io occhc des 4-rn en lem03 nrokM ai
ristcm du mis~ireprts~. L l'aide de Wim au htcovr mm
En cas dc ic'us de celui-ci cl dans Irr nutoridi por te pkicnt r~tnneni.
Iaolilb ob il n'erisle pos do commisioiib Ait. II
d'unucrieur puhlit &Y&ont lmiu pI'Mminirtm- En coi da conlravcntiri au1 attic~e% II.
th et 17 ot oloti drni gw In *linouont,.
wroimt rntfi inconnus. tes initriimmh. le.
Art. 12 crqini. la piduit do la &kc *mnt uliri*
et Io confiscation -rra, in ilrc ormonck
prclowriiisiir Ic prix ricvCnie le* droiliubcic por Ics tribunaux CoriUtiontirk. mi wdan- -
ctiéa uiironls qui ?eronl dant tous ks COL nrrmt h dcrtwtion der rnpini pmhiEr
par la vindnir :
Pwr tes d mcl mirci et ICI-lm 2% Ait. IV
Pan ki bl-h ........ 1% !CIO puii Kum oma*ll & IOd A I,Oai
lronu
kt. 13 Ir &iconquc aum dbiwrd OU tenté &
Taite OW-iation Scc&to üu n)on<Currc ûdtwrrur n mer. mr I'erlrbdicr1 l'Ciron-
miri los mrckonds dUoon(lar ou outres cci. loirt wrtfc da b pkh &un hicai:
tndont b wiic aux rmMrc% I Ics trou: 2. Tout chcur comaineu d'ordi &bar-
blar ou i obtenir Icr -ri et pouloe? .i & ai rmdu dm Mat ou dm mlges
plus bos WLX, dŒunro II- A r'~iicotinn ailieurs pui dams un mrt airoit au corn-
kr minci parlbn wi I'oriiCIo 412 du Codt mc*.
phal frnwoii iep.ndommnt de twr Art. 20
~moges-intiidts.
'cro puni d'une amendi tic 5ïi i 7(n
TlTRE VI cnfocos dc ciirnc au filit mndr dwitq~cwnmim.c$
DlsrmJthri mLnCiaCi e& damUtCn gtiitonqiic auto miind da Pdwa4et ta m.
tmis niir mmtr rlc I'Elnt ouont quililis
Art. 14 rwur cmsiotei ter cmliawcntmn% mi <(.+-
ti-~nt+r~r na~- &ti'ic~:Iirnpt* mr l'a~*.
Les mvlres et tmhaicotiom Choraiss da to 15 ~~irhlmt.
le pavillona tunirienc11 hi tbia duenmbt la Ait. 21
ilommc mtlowla.
'.cm niimi d'4inr imcn'c de la) a 50:'
Ait. 15 Iinw.
11 Tmdt *heur rl'iponrlcrmloQ$ i:iii-CIO
auiril~onih01 &rlfcotionr -ovont rUoblat ronràincu ai'nmi iiriç itriiEU millr i@ rn
* contibic di I't.arclca da la G. mkhc n un &heur Cici(nnt la ehf
II ti-viaEIie poitrur de ia tenir don1 bl?*~hTniit mi. n'ltnnl ms miini
b prbsrnioilm wro tnulairi i*P;~r.
ApriPi. ury -matbon atmai& d'iincoi10 iA'r<rnpohrrle i*.irCtmnqtrECIoder'nth. ovro
rlc connn tif& & Mnnt. Ir* bntroux mnnt 3. Tout ~hhnii ewrroni la drhe ~nn
& to iCiirtance wrmt nrb A la iemortpn et the rpil wri~ cnnvniirii rls s'Plie ni~~iitC
couliilti ou mit luni*icn la Dlirsprothe du lnit mi pnrtia iCi #ww.?i itcudllirr mi
ri+ du ltihiml cnrnyiCtrritmur ilnruor iin drhnii d'lirvviasi wirn
wi In cantmrinllonr carnises.
Ait. 77
.. - 5rrn ~iirni rr'inna iiniiiulnSIE 16 .l lm.
trr*rn.iiilmrr*iiillr c*vifnim#mrnt nui dis- Irniirr.Irnitc niilrrrmtrrivrnlinn ou pr6.m.
naiitions dei orllclcruiivonts. ri.~lrll>c,ll. DOCUMENTARYANNEXESTO COUNTER-MEMORIAL
M. 23 hi. 21
E~ cw ,j, conviction & pludeuil Lm obiiti loisiren wrtu dis eiiick 15
-1- ou pr&unt t&l-l, la prin io et II WtMt r-us in &Mt por I'MfnMr
plul fort4 uro wulb @W. 'iiotim il cmwrrbr fuw'ou iiwmnt.
Caus aujctr A d&p&riwmcnt serant *.ndui
1 ro rcqdt* pai las commismiin-pilwa
Ai#. 24 wticliII.nmi oidonnonca duqu'iMoeitdm ooial'ou-
du ceid wlvmt 10 ~tioml114 dur dûth-
En mg r(cidiV& lia p . 1 ~ ddictk quanti. kt h prdvit 6 b venta wro vid
pairiont 4trm LI- luicu'ai daibli.
11v auta r~c~diw loi-. br tardm* ~:"r&&*UI~&~t""dm Oil
ann.01 pibcddrntn I cm tcr do la doli
du kt inrimini. ilaum A4 rd, -11.
h dalinauont M IYOorMnt wd Art. 21
di chosa k6m. mi contiowniion ou or&- . .
un1 rlulmrit. Lesguui,wltas aiiuiil lieu A la dilipmi
di l'A miruitmtion des Flncnrcs. comma m
nictitie 6. daionci et do rnmbh cn ce
M. 1 aJ cwcrm le8c~ntrawcniians ou* oit~lcb
Fuuriml airs k.di #-mg bJ 16, 19 Ct 21, it b I? dd19UbCi di 1'W4toiiid
oiimdoi promndii . avant l',llm pibli<ioo n ci gui corrirni
'am Liiidiudicu,riom orce cor.Ildu20nrmi22.do
1. br ormotaurr. oiidtwismi- cwida Imii I'+~iil!otlm d.s & u #ri#
br bot-* dm *ho, portlm cini.
4a potmm m1 hlpogii;
2. Ln Mia. hitwr4 morts et moitriS. 1
ration dei loiti dm minwn. ,lcmm+ 0th- Ait. 29
pars ct d-t nun r moirir pu'itr nr
-*.ni qu'Ils n'ml imp5rh.r la 1mt le? )i~~nalitosfsor~ntmmoaircPCs ~.+ew mi.ï
d-48 INU 4 cmltm -lit& tribuml du port muqwl appoittont Ir be
W. A iUlart, cbmt ubi du wt L.
TITRE VI1 Ohn wDdw.
Pmhnrboas. uldn, ninrlks
cimP4ti*cr M. 30
Art. 26 Cles 16. 19 et, 21, I'AdministiatiwiIroiiioiIr
Les cnnirovtmtionr ou pifrani ripl.mmt dinit ds immrycr avec Ici iHiiunts
wimt conitotcai par piocr~r-ucrhous i c% hl tion~tiori intotvcnua est imtiiih
~iiici.rs do mafi- au moitias, commun- avant iwomcnt. rait ou Parquet. nit I ïa
QDnts Ut$ b4tirncnls *I cmboicatians, gurdcs briditliai tuniiicnnc. sel-riin nrrt.,nolitd
&ch. inrp~tevrr der pbzhel ogmls du ckr pr6vcnui, aura Mur elltl irn&,!ial.
ktvirm de Io No*i~ot!m 4t dEs PutIIEs, TI.6teindr0 I'mtion ~'~bti~.
agents 6 ia loru Wtiqn. pr&padr 0tt0- 1- prn~rd~t or-coi mi opiJirolian
t9b qux dlffbrantai odrninistroticnr et. rb- dm arfi~loi 16, 19 Ct 21 wr,onl altribulci
giis IinonciOrcq it tous opmis apkioux commi niatl&rn dm darrnos 01 da ino-
msormintbr I cit ifAt. nopoli*
Ln procdr-virhaux dmrdr Icm! rd
bw'A o!nm cmtroln. lh roront dirrm- Ait. 31
dr & l offirmolion.
font ohropdr !O +<!et du 23 moi 1897 rt
A.&iout rirocbr-*r?iborin en ~W~CS ouIrci dirp~ritimr C~n~rairet ou mi&-
suHiMe nctah les rcnl rbglerncnt dont Ii Oircctcur qfni.rol de$
'"* Pr- pot movenr TrOvouir PubI;cl et IoDii~ctwr <cc%F+no<ucr
ddi ranmun. umt ctmrodr d'oiwrmr I'ixkutian c-un ir CONTINENTALSHELF
Annex 30
extérieurede la mer territoriale tunisienne est constituée:
- au nord de Ras Kapoudia et jusqu'à la frontièretuniso-algériennepar une
ligne parallèle età une distance de 6 milles de la ligne de base ;
- ausudde Ras Kapoudia etjusqu'à lafrontièretuniso-libyenne ({(lignepartant
de Ras Aghdien direction du nord-est ZV45O s) par l'isobathe 50; donc c'est
une lignene tenant plus compte de la longueur de la distance séparantla ligne
debase et la limiteextérieurede lamer territoriale,maiss'attachant plutôt Ala
profondeur des eaux 64.
Si pour la partie au nord de Ras Kapoudia la limite de 6 milles peut être
considéréecomme conforme aux prisesde position nationales antérieures et au
droit international coutumier, ilsembledifficiledejustifier laLimiteextérieurede
la mer territoriale au sud de Ras Kapoudia.
Eneffet,depuis 1958, A laconférencedeGenéve, ladélégationtunisiennea fait
constater
<quechaqueEtat est librede fixer la limite de sapropre mer territoriale et
qu'il semanifeste une tendance progressive à porter la largeur de la mer
territonale au-delà de lalimite des 3 milles qui,de toute façon, n'ajamais
constituéun maximum. fi
Partant de cette constatation M. Abdessalam ajoute que
<(le Gouvernement tunisien considèrequ'il doit êtrepermis àchaque Etat
riverain de fixer la largeur de sa mer territoriale dansla limite d'un maxi-
mum de 12milles 1) 65.
A la conférencede Genèvede 1960,en des termes semblables, ladélégation
tunisienne exposait cette position.
D'ailleurs, ellea été coauteur de deux propositions, allant dans ce sens 66.
Aussi, le législateurde 1962,maître de l'appréciationde l'étenduede la mer
territoriale jusqu'h 12 milles, en choisissant pour la partie au nord de Ras
Kapoudia la règledes 6 milles reste en harmonie avec les prises de position
nationales au sein des conférencesde Genèvede 1958et 1960.
Par contre, concernant la partie au sud de Ras Kapoudia, le désaccorddes
prises de position et de la loi de 1962est total.
64 C'estcequijustifieA nosyeux,l'adjectifabidimensionnel Iparlequelnousavons
qualifiécetteconception.
6S A/CONF.13/39, 16eséance. p5 . 0.
6b A/CONF.l9/C. 1/L.2/Rev. 1 et A/CONF.19/C.I/L.6, selon l'article 1 de la
deuxiérnperoposition: «Un Etat a ledroitde fixerlalargeurdesamerterritonaleAun
maximum de 12 milles. mesuré àspartir dela lignede baseapplicable. i> DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 411
Annex 31
PAGES639 AND 640OF
RELAZION IITERNAZIONALI,VOL.1, NO. 21, 25MAY1963, "LERELAZlONI
TRA ZTALI EATUNISIA"
[Notreproduced]
Annex 32
ARRANGEMENTDEFINITIF DE LA DETTE GÉNÉRALETUNISIENNE,
ARR&TÉLE 23MARS 1870,PAR LA COMMISSIONFINANCIERE
INSTITUEEPAR LEDBCRE DE 1869
[Nor reproduceSee 1, TunisiMernorial, Anne83.j
Annex33
[Noi reproduced] CONTINENTAL SHELF
Annex34
PAGE24 OF
C.D. SERBETIR,EPORTTOTHE GUVERNME NTLIBYA
ON THEFISHERIEOSLIBYAF, .A.O.,
REPORTNO. 18ROME, 1952
[Not reproduced]
Annex35
[Not reproduced]
Annex36
PAGE 25OF
SOGREAH S,TUDFOR AGENERAM LASTER h N FOR THEDEVELOPME WNT
THEFISHINGPORTSIN THELIBYANARAB REPUBLICPART1,
GRENOBLE 1,73
[Nor reproduced] DOCUMENTARY ANNEXES TO COUNï'ER-MEMORIAL 413
PAGE5 S57 AND 558 OF
R~VIST AI DIRITTO INTERNAZIONALE. 1912
DICHIARAZIONIDI BLOCCO
Bloccodella Tripolitaniedella Cirenaica
Le ministre des affaires étrangéresd'Italael'honneur de signifier ..la
déclarationsuivante :
-LeGouvernement de Sa Majestéle roi d'Italie, vu l'étatde guerre existant
entre l'Italie et la Turquie, agissant en conformitédes principes du droit des
gens et particulièrement desrhgles formuléespar la déclarationde Pans du
16avril 1856et par la déclaration deLondres du 26février1909;
déclarequ'Apartirdu 29septembrecourant lelittoraldelaTripolitaineetdela
Cyrénaïque,s'étendandte lafrontièretunisiennejusqu'hlafrontièrede1'Egypte,
avecsesports, havres,rades,criques, etc.,comprisentre lesdegrés11.3227.54
de longitudeorientalede Greenwich,sera tenu en état deblocus effectifpar les
forcesnavalesdu Royaume, Lesbâtiments amis ou neutresauront un d8ai qui
serafixépar l'amiralcommandant encheflesforcesnavales deSaMajestéleroi
d'Italie, partir de la date du commencementdu blocus,pour sortir librement
des endroits bloques.
Il sera procédécontre tout bstiment qui tenterait de violer ledit blocus,
conformémentauxrèglesdu droitinternational et aux traitésen vigueur avecles
Puissancesneutrès.
Leministredesaffairesétrangères d'Italiesaurgré h..de vouloir bien porter
aussitôt que possible la déclarationsusdàtla connaissance de son gouveme-
ment.
(19ottobre1911)
Faisant suite Asa note verbaled29 septembre dernier, au sujetdu blocusdu
littoral de la Tripolitaine et de la Cyrénaïque,le ministéreroyal affaires
étrangéresa l'honneurde signifieA..que Ialimiteorientalede lacôte tenue en
étatde blocuseffectifpar lesforcesnavalesdu Royaumea été rnodiféeetfixéefi
la longitude de5"1 1'est Greenwich.
Le 'ministèreroyal des affaires étrangéressaugré,... CONTINENTAL SHELF
[Copy ofthe document inItalianno1reproduced]
ROYAL DECREE NO.85 OF 4 FEBRUARY 1913 PROVlDlNG ORDERS FOR CUSTOMS
SURVEILLANCE ALONG THE COASTOF LIBYA
(OfficialGazette, 19February 1913,No. [illegible])
VictorEmanuelIII
by thegraceofCod andthe will ofthe Nation King ofItuly
Inviewof RoyalDecreeNo. 1217of 5 November 1911,whichhas becorneLaw
No. 83 of 25 February 1912 ;
In view of Law No. 719 of 6 July 1912 and Royal Decree No. 1205 of
20November 1912;
In viewof the unique text of the Customs Laws approved by Royal Decree
No. 20 of 26 January 1896;
Upon the proposa1of Our Minister and Secretary of State for the Colon-
ies;
Upon the advice of the Ministers ;
We have decreed and do decree :
Article1
Customsactivitiesin theimportation and exportation of goods inTripolitania
and Cyrenaica rnay be conducted only within the ports or landing-places of
Buchamez, Zuara, Tripoli, Homs, Sliten, Misurata.(Buscheifa), Marsa Zafran
(Syrte), Benghazi,Dama and Tobruk.
The Govemors of Tripolitania and Cyrenaica may at their discretion permit
customs operations in other places on the coast in addition to or instead of the
above or may prohibit them temporarily in sorneof them, upon informing the
Minister for the Coloniesinevery case.
Article2
For the purposes of custorns surveillance, the sea within 12miles (22.224
metres)from the shore dong thecoast of Tripolitania and Cyrenaica shallform
part of the maritime customs zone, within the conlines of which every vessel,
whether Italian orforeign, rnay be subject to inspection by the authorities in
charge of said surveillance.
We do ordain that the present decree,furnished with the Seal of State, be
inserted in thefficialbody of lawand decreesof the Kingdom of Italyand do
order al1whom it behooves to observe it and cause it to be observed.
Rome, 4 February 1913,
Seen VictorEMANUEL.
C. Finochiaro Aunle,
Keeper of the Seal. GIOLITTE-BERTOLINI. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
Annex39
[Copy of the documentin Italian not reprodueed]
(Translation)
ROYAL DECREE NO. 402 OF 18 MARCH 1915 APPROVING THE
CUSTOMS REGULATIONS FOR TRIPOLI AND CYRENAICA
(Laws and Decrees, 1915, pp. 1014and 1050-51)
UniqueArticle
The attached customs regulations for Tripoli tania and Cyrenaica are ap-
proved, seen, by Our order, by the proposing minister.
Article 1
Theshore of theseaand the borders with the territory of theadjacent countries
shall comprise the customs limit.
..................................
Article 26
For purposes of customs surveillance, the sea within 12maritime miles from
the shore along the coasts of Tripolitania and Cyrenaica shall constitute the
maritimecustoms zone, within whichal1vessels,whether foreignor Italian, may
be subject to inspection by the authorities in charge of said surveillance.
Within the confinesof saidzone,thecustornsagents shallhavethe authority to
board vesselsof tonnage no greater than 200 tons and require them to produce
their board manifest and other shipping documents.
Vessels bound for ports in the colony and that Iack a manifest or that are
suspected of criminal activities within the zone of maitirne surveillance shall be
escortedby the agentstothenearest customshouseforthedrawing up ofa record
of preliminary investigation.
If avesselof a tonnage not exceeding200 tons and bound for a foreignport is
found within the surveiilance zone without a manifest or with a manifest that
lackstheprescribed information, theagents mayescort herout ofthe limitsof the
zone or, in cases suggestingcrirninal activities,escort her to the nearest customs
house for the drawing up of a record of preliminary investigation.
The agents may, having drawn up such a record, sequester whatevergoods of
which the importation or exportation is prohibited and that arefound on board
shipswhithersoeverbound that, exceptin casesinvolvingacts of God, havedrop-
ped anchor and are lying to within a radius of 12 maritime miles[rom shore.
In case of attempts to unload goods on to shore and also to unload on to or
transship to a lightervessel,the agents mayrequiretheship to follow them to the
nearest custorns house for the drawingup of a record of preliminary investiga-
tion.
Cf. approval of PeaceTreaty of Lausanne, 18October 1912with the [illegible]
for Libya. (AP, CD, documents, [illegible] 1909-12[illegible]1200.) CONTINENTAL SHELF
Annex40
ITALIAR NOYAL DECRE OEF6 JUNE1940, No. 595
[Copy of the document inItalian no!reproducedj
(Transiution)
BERTHING AND STAY, DURING WARTIME, OF NATIONAL MERCHANT SHIPS, WAR-
SHIPS AND NEUTRAL MERCHANT SHIPS IN THE TERRITORIAL WATERS OF THE
KINGDOM AND ALBANIA, THE EMPIRE, ïïiE COLONIES AND POSSESSIONS
(Royal Decree No.595of 6 June 1940 - XVIII)
VictorErnanuelIII
by the graceof Cod andthe wi[l ojthe Narion
Kingof IraiyandAlbunia
Emperorof Ethiopia
In view of Articles 12 and 15of law No. 969 of 8June 1925 ;
In view of Article3,No. 1,of law No. 109of 31January 1926 ;
Having heard the opinion of the Council of Ministers;
On theproposa1of 11Duceof Fascism,the Head of theGovernment, theNavy
Minister ;
We have decreed and do decree :
Article1
During wartime,it isforbidden for national merchant shipsand warshipsand
neutral merchantships to approach theterritow riaersof theKingdomofltaly
and AIbania,of the Empire, of the Colonies and possessions unless they have
receivedauthonzation asspecifiedinthefollowingarticles.The territorial waters
are thereforeto be considered as offtirnitto navigation.
Article2
The following are considered to be zones dangerous to navigation
(O) metropolitan waters :
the 12-mile-wideband that surrounds the continental coast and those of the
following islands : Sicily, Sardinia, Elba, Gorgona, Marittimo, San Pietro,
S. Antioco, Asinara, Pantelleria, Lussino, Cherso :
(b) waters of Albania :
the 12-mile-wideband along the coasts from the Yugoslav boarder to the
Greek border and those coasts of the island of Saseno; DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 417
(c) watersof North Aîrica :
the 12-mile-wide band along the coasts from the Tunisianborderto the
Egyptianborder ;
(dl watersof the Aegean :
the 12-mile-widebandaroundthe wasts oftheislandsof thePossessionasfar
as themeetingpointwiththeTurkishterritorialwaters. CONTINENTAL SHELF
Annex 41
[Copy of thedocumentin Italian notreproduced]
(Translnrion) No. 312.
ROYAL DECREEOF MARCH 27,1913, APPROVING THE REGULATION
OF MARITIME FISHING OPERATIONS IN LIBYA
(Published in OfficialGazetteNO. 105of 6 May 1913)
Victor EmmanuelIII
by the graceof Codand by the willof theNation
King of Italy
Havingseen Royal Decree No.1247of 5November 1911,which waschanged
into law No. 83 of25 February 1912;
Having also seen law No. 749of 6 July 1912,and Royal Decree No. 1205of
20 November 1912;
Having heard the Council of Ministers;
On the proposa1by Our minister, the Secretary of State for the colonies ;
,Wehave decreed and by these means decree that :
The singleregulation relatingto maritimfishingoperations for Tripolitania
and Cyrenaica, endorsed, on Our order, by the proposing minister, is hereby
approved.
We order that this decree, withthe State sealaffixed thereto, becomepart of
the officialcollectionof lawsand decreesof the Kingdom of Italy, with copies
being sent toal1those whornustcomplywith il and insurecomplianceof sarne.
lssued in Rome on 27March 191 3.
VictorEMMANUEL.
GIOLI~I-BERTOLINI.
Recorded with the Court of accounts on 16April 1913.
Regulation No. 90 of Government Records on page 104.A. Coppi.
Location of Seal.See The Keeper of the SealsC. Finocchiaro-April.
Regulation relatinromaritimefïshingoperutionsin Tripolitania *
and in Cyrenaica
TITLE I
General Provisions
Article1
Maritime fishing operations in Tripolitania and Cyrenaica are governed
by this regulation and by the rules that, to insure compliance with same, DOCUMENTARY ANNBXES TO COUNTER-MEMORIAL 419
might be issued by the rninister for the colonies or by the governors by him
delegated.
TITLE II
Organizationoj FishingOperations
Article2
The operation of maritimefishingisentrusted to the authorities chargedwith
maritime fishing operations in Tripolitaniaand Cyrenaica.
Article3
The RoyalNavy,al1CustomsOfficialsand ailother PoliceOfficialswillshare,
with the authorities indicated in Artic2, the responsibility for implementing
the niles wntained in this regulation and to ascertain any infractions thereto.
Temporary officerswith the title of fishing-guardsmaybe hired to supervise
maritime fishing.
Rules relating to such hiring will be determined by the rninister for the
colonies.
Article4
Al1authoritiesentrusted with theimplementationof thisregulation, alRoyal
Navy personnel and generallyal1officerscharged with the supervisionof mari-
time fishing havethe authorityto inspect theips orfishingboats as weiias the
publicwarehousesand the placeswherethefishor otherfishingproducts aresold
to insure that the provisions of this decree have not been violated.
The authorities charged with the administration of fishingoperations in Tri-
politania and Cyrenaicawill,throughits governors,annuailysend areport to the
Ministry of colonies on the fishing operations in the waters under itsjurisdic-
tion, showing the results attained anmaking proposals that they might deem
appropnate in the interest of the (fishing)industry.
Article6
Thepayment of duties,set forth for fishingoperations by this regulation,will
be made inaccordancewith the provisions containedin Articles 100to 105,107
and 108of the regulationapproved with Royal decreeNo. 584of 27 December
1896, for the implementation of the lawon measuresin favour of the merchant
marine navy,
Documentsshowingthat thepayrnentofdutieshasbeen made, mustbeshown
to the authorities and toal1officers assigned to fishing operations.
TITLE III
Regulationsjor FishingBoutsand Ships
Article7
All fishing boats and ships owned by Italians residing in Tripolitania and
Cyrenaica and owned by natives must be registered with the maritime port
authorities.420 CONTINENTAL SHELF
Article 8
No one can operate a fishing boat or ship in the waters of Tripolitania and
Cyrenaica without having obtained the title of seaman authorized to fish.
Seamen authorized to operate fishing boats and ships fall under two cate-
gories : those for coastal fishing, that is to Sayoperating within one mileof the
Coast,and those for fishing on the high seas.
In order to obtain the title of seaman authorized to fish, one must :
(a) be deemed qualified by the maritime authorities ;
(b) have 12months of training on wastal fishingoperations or on high sea
fishing operations, as the cases require ;
(c) prove that he has been a resident of Tripolitania or Cyrenaica for five
years.
Italiancitizensare exemptedfrom the requirement indicated in letter (c),and
for them, the permitsobtained in Italy for this purpose,arevalidin Tripolitania
and Cyrenaica.
Al1certificatesproving that a seaman is authorized to fish are issued by the
local maritime authorities.
Article9
Ail fishingboats or ships of any carrying capacity must alwaysdisplay, and
visible frorna distance, in the centre of the master sail, its registration number
and under it the badgeof the maritimedistrict.The number willbe painted with
indelible black id and the figures be at least 50 centirnetreshi&.
The badge will consist of the initial capital letter of the chef town,of the
district, at least 50centimetres high, inscnbed in a circlewitha diameter of at
least 1metrewitha sideband at least7 centimetreswide.Theabovebadgewillbe
painted red. During the night ail fishing boats and ships must have the lights L
prescribed by law.
Article 10
A11personsoperating shipsorboats usedforthefishingof spongesorof corals
and al1thosefishing tuna or those that haveobtained a concessionto fishin salt
lakes, must keep a "fishing log" which will indicate, for each fishing day, the
hours of operation and the fishing locations, the quantities and qualities,
depending on the various categoriesof fished products.
The sanitary condition of the crew must aiso be show for ail sponge fish-
ing.
All persons assignedto operate fishing boats or ships, their owners or man-
agingowner as weIlas al1other fishingoperators must furnish to the maritime
authorities al1information that might be requested on fishing.
Article ll
Fishing boats or ships are prohibited from having on board :
(a] any firing weapons, except those for which a permit has been ob-
tained ;
(b) any items indicated in Article 14. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
TITLEIV
Distancesand GeneralFishingBans
Article12
All fishermen must keep at a suitable distance from each other in accordance
with localpractice, the type of fishingcarriout, the modeof operation and the
type of equipment used.
Maritime authorities rnay even prescribe said distances, lirnit the number of
permits and set up shifts among the fishermen for fishing operations, should
there be locations that are especiallysoughand occupied as a preference due to
their greaterabundance of fish or other aquatic animals or due to other special
conditions.
Article13
Fishing is prohibited :
(a) in areas of theseaoin saltlakeswhich aredirectly beingused by the State
or of concessions or of exclusive duly recognized fishing rights;
(b) in areas set aside for the operation of fishing-nets for tunny or of other
permanent fishing ;
(c) inside ports, exceptby special permission'of the maritime authorities;
(d) in water areas, which in order to protect aquatic products, corne under
special bans set forthby this decree or by rules issued by the rninister for the
colonies or by the governors ; .
(e) inareas indicated by the maritime authorities for military reasons, and in
those areas where there are underwater telegraphic cables.
Article14
It is prohibited to fish with dynamiteor with other explosives,and it is also
prohibited to throw in the .waterany .materialsthat might weaken, stun and kill
the fish and the other aquatic animals.,
The collectionand sale of animalsthat have thus b~n stunned or killedis also
prohibited.
Fishing ofFish,of Mollur and of Crustaceans
Article15
Al1Italian citizens,al1nativeand thosewhohavebeen residinginTripolitania
and Cyrenaica forat least fiveyears mayfish during any part of the year for fish,
mollusk or crustaceans in an area of three maritime miles from the shore,
providing they abide by the rules set forth in this decree.
Article16
Fishing operations in accordance with the preceding article are subordinated
to the granting of a permit by the maritime authorities.
The folIowing duties must be paidin order to secure apermit :
2 lire for each hull with a net tonnage of not over one ton;
5 lire for each hull with a net tonnage of more than one ton ;422 CONTINENTALSHELF
8 lirefor eachhull equipped for fishine with long-lines and rectaneularnets :
5 lire for each fishing device, set up ashore such as (scales, variable-length
measuring units, etc.).
The fishing permit is valid for the year in which it was issued.
Article17
For fishingoperations with trawls.evenover the entire expanse of the sponge
algas, the followingprovisions will be complied with :
First, that said nets be kept at a distance of not less than 1kilornetre from
boats that are carrying out spongefishing operations, and that they abide by the
rules reiating to fishing-nets for tunny and to coral banks ;
Second, that the sackcloth meshof thenets be not lessthan 20 millimetres on
its side;
Third, that the shipsor boats remain at a distance of 500metresfrom the areas
whereland-drawn trawl fishingnetsareoperating, and fromareaswherepossible
area fishing limitations in general might exist, including that of sponge fish-
ing.
Fourth, that beyond the limit set forth by Article 15, a speciai permit with
particular regard for the persons specified in it, be issued by the maritime
authorities of Tripoli, Bengasi and Derna.
Even the land-drawn trawl nets must have a sackcloth mesh of not less than
20 millimetreson its side ;they must further remain 300metres away from each
other, except for special provisions of the maritime authorities.
A period of twoyears fromthe date ofpublication of the decreethat approves
this regulation is granted within which to comply with the provisionsrelating to
the meshes of the nets.
Article 18
For fishingwith trawl nets,with respect to Articles 15and 17 (?),the maritime
authorities will issue a permit subject to the payrnent of the following duties :
- for each hull, even if relating to sailboats with mechanical motors,
15lire ;
- for each steamer with an engine not exceeding 30 indicated horse powers,
20lire ;
- for each motor hull or steamer with an engine exceeding 30 indicated horse
powers, 30lire.
The permit is valid for the year in which it is issued.
TITLE VI
Specid FishingOperations
CHAPTER l
Sponge Fishing
Article 19
Sponge fishing operations over the entire expanse of the sponge algas of
Tripolitania and Cyrenaica by persons indicated in Article 15 are subject to a DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 423
"permit" issued by the maritime authorities of Tripoli, Bengasi and Derna
especially appointed for this purpose by the minister for colonies.
The validity of said permit cannot be of more than one year, and is subor-
dinated to the payments of duties set forth by the following articles.
Theholder of sucha permit may freelyfishduring any period of the year ;the
total number of ships or of boats of each class, of the hulls and of the other
spongefishinginstruments willbe specifiedby the minister for the colonies.The
rninister for the colonies may, from time to time, decide the number of boats, of
huiIs and of the fishing instruments that may be used by eachindividual com-
l'any.
Article20
The rninister for colonies, in agreement with the minister for foreign affairs,
may authorize thegrantingof permits toshipsor boats offoreignflagsforsponge
fishing operations in the waters of Tripolitania and Cyrenaica, under the same
conditions referred to in the preceding article.
Such authorization is by preference granted to the captains of those ships or
boats that have Italian and native seamen among their crews, that belong to
persons residing in Tripolitania or Cyrenaica, and that are riggedand equipped
there.
Article 21
The minister for the colonies may suspend the fishing of sponges in certain
areas, to protect said product, by the issuance of a decree that will indicate the
duration of the suspension.
Article 22
A sponge fishing permit is subject to the payment of the following duties :
First for each ship or boat equipped for fishing with a harpoon (trident,
kamakis), 50lire ;
Second for each ship or boat, equipped with divers, 100lire ;
Third for each ship or boat, equipped for trawl fishing and with a tonnage
exceeding 5 net tons, 150lire ;
Fifth for each "apparatus" to which no more than five divers are assigned,
700 lire.
Sixth for each diver over five on each "apparatus", 100lire.
Article 23
The application to obtain a sponge fishing permit must be subrnitted to the
maritime authority, that has been so delegated in Article 19, and must indi-
cate :
First the name, last name and profession of the owner and of the managing
owner of the ship or boat ;
Second the number, the name, the nationaHty and origin of the ship or
boat ;
Third the fishing methods that one wishes to use ;
Fourth a list of the names and general information of the persons that will
make up the crew and with special information regarding their respective
jobs ;424 CONTINENTALSHELF
Fifth the number and the quality of the fishing instruments and tools;
Sixth the terms of the enlistment agreement.
All applications relating to fishingwith diving apparatus rnay be submitted
even if thev do not showal1the reauired information :thiç information must
howeverbesubrnitted to withina suitableperiod of timéto bedetermined from
timeto timeand inanycaseprior to theissuance of the"permit" tothe respective
ships or boats.
No ships, boats or equipment different from those reported may be used
duringfishng, and ailchanges in themake-upof thecrewrnustbereported tothe
nearestmaritimeauthorities, whichmustreport thisinformationto theauthonty
that granted the permit.
All applications submitted by foreigners must have the "approval" of their
cbnsul.
A sponge fishing permit is valid from 1 March to the subsequent February
inclusive, regardlessof.the rnonth in which it is issued.
Article 24
Sponge fishing operations rnay be carried out only with the following
methods :
with divingequipment (diver) ;
by diving(performed by "skin divers") ;
by trawl (gangave);
with a harpon (trident, "kamakis").
The ministerforthecoloniesor themaritime authorityespeciallydelegatedfor
this purpose rnayauthorize other fishing methods,including the use of motors
attached to the various fishing boats and to their capstans.
Article25
Fishingwith a diver'ssuitand with a trawlis prohibited along thecoastlineof
Tripolitania and Cyrenaica, in the area included between the shore and the
20-rnetredepth line.
Article26
Fishermen carrying out fishing operations with diver'ssuits, by diving and
with harpoons cannot fish,transport and sel1spongeswhich,whenirnrnersedin
water, do not have a maximum diameter of :
8centimetres for equine sponges;
4 centimetres for fine (sort) sponges;
4 centirnetres for zyrnochessponges.
Fishermen who usethe trawl method willnot incur the penalties set forth by
Article56 for the fishingof spongesthat are srnallerthan the minimumdirnen-
sion.Thesespongesmusthoweverbe tumed overto themaritime authoritiesand
sold for the benefit of the public treasury.
Article27
Concessions for exclusive usernay be granted for particular sea areas to
individuals,tocompaniesor associations,who intend todevotethernselvestothe DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 425
culture of sponges,and who are deemed qualified by the maritime authorities
and who submit guarantees to carry out the experiment. The concession is
granted by decree of the rninister for the colonies.
Article28
Specialprovisions willregulatethe work,theweeklycompulsory restfor divers
and for the other persons assigned to the fishing of sponges, and accident
prevention rules will be set up for the use of fishing equiprnent.
The recognized cornpetence of divers, acquired in acwrdance with national
law, will be considered valid.
Aildivers must prove that they have had at least twoyears of training in said
fishingbefore beingaccepted IO carry out spongefishingoperations in thewaters
of Tnpolitania and Cyrenaica.
Article29
The yield from the fishing of sponges must be taken into the ports of Tripoli,
Bengasiand Derna for the registration set forth by the followingarticle and for
any commercial transaction. Anyone who violates such rule, by selling or
atternpting to sel1the fishing yield in other ports or at sea,ispunished under the
rules of Article 56, paragraph, and incurs the revocation of the permit.
Article30
AI1sponges that have been fished must be submitted for registration to the
maritime authonties of the ports indicated in the preceding article.
Qualities that must be registered are :
first equine sponges ;
second zymoches sponges ;
third fine (soft) sponges;
fourth elephant ear sponges.
Ail fished sponges, except for those which are provided for in Artick 53,
cannot be transported frornoneshiporboat to another ;theymayonlybeloaded
aboard the fishing boat which is designated for the exclusive storage.of the
fishing yield of each ship or boat or group of ships or boats, that belong to the
same wmpany.
Fisherrnen can leave the waters of Tripolitania and Cyrenaica only after
having reported their fish yield and having completed its registration.
Article31
"Black"sponges thai are collected on the beach will be registered with the
nearest port authorities, and then sold at any public market in accordance with
local practice. A tax of 25lire per quintal will be collected on said sponges.
The respective registrations will be reported annually to the head of the
respective maritime district.
Article32
Al1spongesexportedfromTripolitania and Cyrenaica are subjectto an export
customs duty of 10lire/quintal, for raw spongesand of 20lirefor those that are
washed or finished. CONTINENTAL SHELF
CHAPTERII
Fishing-Nets for Tunny
Article33
To carry out fishing-nets for tunny operations in waters of Tripolitania and
Cyrenaica, which are resewed forpersons indicated in Article 15,authorization
frorn the rninisterfor the coloniesisrequired. Theauthorization rnustensuefrom
adecree accompanied by the contract of theindividualwho intends to set up the
fishing-nets for tunny operation ; the decree itself wiUspecify the period of
validity of the concession, whichcannot be of a duration of more than 30years,
the water area, the corresponding space ashore if available, resewed for the
fishing-net for tunny operation and for the preparation of the fishing yield,
including any other condition for the setting up of the fishing-net for tunny
operation.
For concessions relating to fishing-net for tunny operations of a duration of
more than six years and in cases relating to installations of special industrial
importance, the concession,rather than beinggranted pursuant to acertificate of
subrnission to authority, will be accordeclon the basis of contracts that will be
stipulatedin the manner and formsestablished bythecodeand by the regulation
for the merchant marine navy.
As a guaranty for his contractual obligations, the licensee must put up a
suitable bond, theamount ofwhich shallbe decided ineachcasebythe maritime
authorities.
Article34
Shouldtwoor morepersons oragenciesrequest thegranting of acmcession to
set up a fishing-net for tunny operation in the same spaceof water, the rninister
for the colonies has the authorityto grant the concession to the applicantthat he
deems preferentially more worthy by the nature of his financial and technical
guarantees, unless the rninister deems it advisable to proceed to assign the
concession on the basis of public auction among the cornpetitors or of private
bidding,proclaimed by them basedon an increaseof the minimum rate setforth
by the subsequent article.
If al1of them meet the sarneconditions,in thecase foreseenby the first part of
this article, a preference may be given to the fishermen's CO-operativeassocia-
tions, to the consortiums or to the syndicates of these sameCO-operativegroups,
which have been legally set up, providing that the concession is used and
operated for the benefit of the CO-operativegroups.
For al1the cases envisaged by thisarticle no appeal can be lodged against the
decision of the minister for the colonies.
Article 35
Each concession requires the payment of an annual fee.
Theannual feeisestablishedata rate of 1lireper eachquintalof tuna orof any
other mackerelfished, up to 8,00q 0uintals and of five(5)lire per quintalfor any
quantity over (T.N. not legible).
After at least fiveyears of operation the minister for the coloniesmay replace
the proportional fee with a set fee,which,for the concessionsgranted as a result
of a public auction or of a private bidding willbe equal to the annual averageof
the previously paid feesand for the concessionsgranted subsequent to a private DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 427
negotiation, based on thefirstparagraph of thisarticle it cannot exceedby50per
cent said average.
The fee thus set may besubject to a revisioneveryfiveyears on request by the
administration or by the grantee. If an agreement cannot be reached, a decision
on the application wiIl be made by a commission of arbitrators, consisting of
three members one of which shallbe appointed by the administration, the other
by the grantee, and the third shall be appointed by the two arbitrators that have
already been appointed. Should the twoarbitrators not agree on the selectionof
the third, thelatter shallbeappointed by the president of theCourt ofAppeals of
Tripoli.
The certificate grantingthe concession shallalsocontain the agreed minimum
salaryand the minimumprofit shanng amount that the employees,utilizedinthe
operation of the fishing-nets for tunny, can expect to share with the company.
Any controversies relating to salaries and work agreements made between the
Companyand the employeeswillbe decided without appeal, by a commissionof
arbitrators, consisting oa representative of the grantee, a workers'representa-
tive and of the captain or other port official havingjurisdiction, who will act as
president.
Article37
The grantee has the right to shirk his contractual obligations, if he can prove
that within twofishingcampaignssubsequent to theone in whichtheinstallation
took place,thecompanyoperated by him hasnot givensatisfactory resultsdue to
the insufficiency of the product.
The concession may be revoked withajustified decree by the rninister for the
colonies without any right to compensation, should such a measure become
necessarydue to reasonsof publicinterest. Theconcession shallberevokedin the
event that the grantee hasallowedtwoconsecutiveyearsto elapsewithoutsetting
up the installation startingfrom the date on which he should have begun or by
failingto operate the fishing-net for tunny installation, except for the provisions
set forth in the following article.
Article38
The grantee is given two years from the date of the concession decree within
which to begin the installation.
During said period of time the grantee isobligated to conduct expenmentsto
ascertain the passage of tuna.
Should the grantee fail to comply with said provision his concession will be
revoked.
Article39
Each fishing-net for tunny operation iç given, during the fishing penod, an
exclusive area, which, in relation to other adjacent fishing-net for tunny oper-
ations, willconsist of an area of ten kilometres fromthe sideof the mouth of the
fishing-net for tunny operation and of one kilometre on the opposite side,
starting from the centre of fishing-net for tunny installation.
With respect to al1the other fishing operations, the exclusivearea, will be of
fivekilometres from the sideof the mouth ofthe fishing-net for lunny operation
and of one kilometre on the opposite side.428 CONTINENTALSHELF
In thefront of thefishing-netfortunny operation, theexclusivearea,willbe of
sixkilometrestowards the high seas,over the entire length of the side exclusive
area referred to in the preceding paragraph.
Any other type of fishing in the exclusive area referred to above or in any
manner disturbing the passage of the tunny, is strictly prohibited.
The length of the tail cannot, in any event, exceed 1,000metres,
CHAPTERIII
Coral Fishing
Article40
To search for coral banks a permit must be secured from the maritime
authorities.
Anyone discoveringa wral bank in the sea area of the sponge algasexpanse
must report said find to the above-mentioned authorities and may obtain a
permit to exploit said find for two consecutive years.
Said authorization is subordinated to the payrnenî of a fee, the arnount of
which will be one-tenth the value of the fished product, and on the conditions
that shall be specifiedin tlie authorization itself.
Fishing Rights in Salty Ponds or in Lagoons
Article41
Salty ponds or lagoons in Tripolitania and Cyrenaica rnay be given in con-
cession throughadecree oftheminister forthe coloniesand for a period of time
not to exceed 15years.
The concessioncertificate may aiso specify :
(a) an obligation to re-populate the ponds with new fish ;
(b) rules relating to mytilus-culture and ostriculture in cases where such
special cultivation is possible. (Translaror'snot:Mytilus and ostriculrureare
latin terms referrinro the cultureofmussel and rnolfusk clam or shells.)
Until such timeas a salt water pond or lagoon concessionis given,no fishing
operations can be conducted without aspecial permitfromthe maritimeautho-
rities, subjectto the payrnent of 5 lire duty-taxand to the niles that shall be
specified by the maritime authonties.
CHAPTER V
Breedingof Aquatic Products
Article42
The breeding of aquatic products at sea, or in salt water ponds or lagoons
cannot be carried out without having obtained the corresponding concessions
frorn the minister for the colonies.
Ali applications mus1be submiîted to the maritime authorities togetherwith
the designs of the installations that areo be set up. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
TITLE VI1
Aid to the Industry and to Fishermen
Article43
Ali co-operativeorganizations that may be set up between Italiar. and native
fishermen in Tripolitania and Cyrenaica will be exempt, for a ten-year period,
from any taxation relating to their certificates of incorporation and from any
governmental taxation on the proceeds of the sale of their fished products or of
the finished products, except for the duties provided by this regulation.
Thesameexemptions are giveninTnpolitania and Cyrenaica to co-operatives
among fishermen set up in Italy, to syndicates and to consortiums, concerning
theincomeobtained therefrom the saleorpreparation of the fishand of theother
aquatic products.
Article44
Fishing colonies that rnight be set up in Tripolitaniaand Cyrenaica between
ltalian and native fishermen may be granted free pieces of land for the con-
struction of housing and of buildings that might be required forthe operation of
the supplementary fishing industries and also for gardens for domestic use.
Article 45
Theminister forthecoloniesmay gant, evengratuitously, to the fishermenthe
use of buildings and shacks, which might be located along the Coast,and sub-
sidize or promote the construction of housing for the fishermen.
Article 46
A decreeissued by theminister for thecolonieswillspecifythe rulesrelating to
the granting of good senice awards to the fishing industry and to that for the
preparation of the related products either with respect to the economicnature of
the industry's resultsor to the novelty and perfecting of the methods and of the
various industrial applications.
Article 47
Asa &ranty for the loans grantedto theowners and to the managing owners
of the ships and boats used in the fishingoperations in Tripolitania and Cyren-
aica a special privilege may be set up on the products of the fishing itself, in
favour of institutions, syndicates and consortiums of fishing ceoperatives, co-
operative companies and other commercial companies that might have been
legallyset up and whichare expresslyauthorized by the rninisterfor the colonies
to conduct credit transactions for the fishing industry.
Article48
To validate and implement said privilege it is necessary :
first thatitensues from a written document ;
second that it have an effectivedate as a result of it having been recorded
with the port authorities of Tripoli. Bengasiand Derna.
Saidprivilegesare freelyrecordedina special registerwhichiskept at theport430 CONTINENTALSHELF
authority officesof thecolony, from whichthe shipor boat departs for its fishing
and where it is obligated to store the product.
The registrations are published in the fishingjournal.
Certificatesattesting to the existenceor lackofregistration are freelyissuedby
the port authorities.
Article 49
The privilege set up in connection with the preceding provision prevails over
any other that might be claimed on the fishingproduct, except for possible State
rights.
Article 50
Said privilegecannot be extended for a duration greater than 12months and
may be renewed, prior to its expiration, for the subsequent campaign.
The renewal is made free of charge.
Article 51
It is valid, starting from the date of registration, and for the entire amount
recorded, regardlessof thedate ofsupply of the capital, saidprivilegebeingvalid
in accordance with the terms of Articles 47 and 48, as a guaranty for acwunts
opened infavour ofownersand ofmanagingownersby thecompanies and bythe
subsidizing institutions.
Article 52
The interest on said loans cannot exceed the Lirnitthat shall be specified by a
governor'sdecree on recommendation of the maritime authorities.
The commercial loan institutions or companies may require that the fishing
yield be kept aboard for safe-keeping, through one of their delegated represen-
tatives, or remove the yield itself and store it in places setaside for such purpose
by theport authorities, unless thedebtor requests that theproduct, incases where
it isnot subject to deterioration, bestored in thepublic warehouses referred to in
the following article.
Shouldthecreditor removetheproduct, a specialnotation to thiseffect willbe
made in the fishingjournal, duty signed both by the debtor and by the creditor.
Article54
Al1 offices of the port of Tripoli, of Bengasi and of Derna have public
warehouses for non-perishable fishingproducts. The warehouses are run by the
localmaritime authorities. Theissuanceofa certificate of storage andof apledge
note on the stored products is authorized.
A decree bythe minister for thecolonieswillsetforth the rulesfor $orage, for
the preparation of titles and duplicates should they be.lost,for title transactions,
for the withdrawal and actual saleof theproducts and for theduties that shall be
owed to the warehouse.
Article 55
Subsequent provisions willprovide for the expansion of assistance and aid to
fishermen by institutions in Tripolitania and Cyrenaica. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
TITLEVlII
~nfractions, Penalties and Crirninal Proceedings
Article 56
Any violation of Articles 6, last paragraph,7 to 10, 12, 14,paragrtph, 15.24,
are punished with a fine of from 50 to 1,000lire.
Any violations of Articles 13, 14, first part, 17, 19, second and third para-
graphs, 23, secondparagraph, 24,25,26,28 to 31,39, aswellas any infraction of
thebans referred to in Articles 21and 40,are punished with afineof from 200to
5,000 lire.
Article57
Anyone conducting fishing operations of fish, of rnullusk and of crustaceans
without the required permit, in accordance with thisregulation, ispunished with
a fine that will be not less than5 times and not more than 20 times the duty
specified for the permit itself.
Anyone carrying out sponge-fishingoperations without the required permit is
punished with-a fine equal to 3 times the duty specified for said permit.
Anyone who without any concession or declaration or authorization, in
accordance with the provisionsof thisdecree, fishesforcoral, setsup fishing-nets
for tunny, or carries out any aqua-culture operations, or fishes in salt lakes for
whichaconcessionisrequired, ispunished withafineof not lessthan 500 lireand
of not more than 2,000 lire and by the confiscation of his nets and of the other
toqls, including the fished yield.
Article58
With respect to the infractions referredto in Article 11,concerning the pos-
session ofexplosivesor of firearms without permission, the person in charge of
the ship or boat, is punished with a fine of up to 1,000 lire ; the person in
possessionof saidexplosives or weapons ispunished withimprisonment of up to
sixmonths.
The explosives and weapons wiil be confiscated.
Article 59
Violators may lose or have their fishing permit suspended.
The devices or tools that were used or destined to commit the infraction are
sequestered and stored with the maritime authorities, or in some other rnanner
removed, until completion of the proceedings or transaction.
In case of a conviction, said authority rnay order their confiscation.
Aquatic products, that are fished in violation of this regulation,are always
sequestered, and, if of a perishable nature, are sold imrnediately.
In case of a conviction the products or their price are confiscated.
Those who have already been convicted,previously for one of the infractions
referred to in this regulation, and who commit another, cannot be given the
minimumpenalty.
Article61
' Officiaisof the port of Tripolitania and Cyrenaica, each within the limits of
their own jurisdiction, prepare cases, judge and settle al1 fishing violations432 CONTINENTALSHELF
referred to in thisregulationinaccordancewith therulesof procedure set forth
for maritime crimes by the merchant marine code. Convictions for crimes
referred to in Article8 or forany fine exceeding2,000lire rnay be appealed
before the Court of Appeals, withinthree days subsequent to the conviction.
Article 62
On infractions indicated in the first paragraphd Article56 settlements are
perrnitted, the purpose of which is to prevent a trial or to stop its course.
In addition to the assessed arnounts violators are also requiredo pay court
costs.
Article63
The port authorities, injudging or providing to settle the case in accordance
with the preceding article, maygrant to the officers that have ascertained the
violation part of the sum, not exceeding the half belonging to the State for
monetarypenalties,for the settlementsand for theproceedsfrom the saleof the
confiscated goods.
TITLE IX
Transitory Provisions
b
Article 64
During the first three years of application of this regulation the minister for
colonies may regulate the flowof fishermenin the fishing areas of Tripolitania
and Cyrenaica by setting up shifts for fishingoperations of fish, molluskand
crustaceans for groups of fishermen corning from other maritime districts and
issuingappropriate rules.
Seen, by order of His Majesty
The Minister for the Colonies DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 433
Annex 42
ITALIA RNOYAL DECRE OEF 22NOVEMBE1R 925,No. 2273
[Copy of the documentin Italiannot reproduced]
(Translation)
(Royal Decree No. 2273of 22November 1925)
Modificationsto R. decreeNo. 312of 27 March 1913,on the fishingof sponges
in Tripolitania and Cyrenaica.
(Published in OflicialGazette,No. 303, of 31 December 1925)
VictorEmmanuelIII
by thegraceof Godandby the will of theNation
King ofItaly
HavingseenR.decreeNo. 1247of 5 November 1911,changedinto law No. 83
of 25Febniary 1912 ;
Having seen R.decree No. 312of 27March 1913 ;
Having heard the supenor colonial council;
Having heard the council of rninister;
On the proposa1by Our Minister the Secretary of State for the Colonies;
We have decreed and by these means decree :
Article1
The following replaces Chapter 1, titlVI, of the regulation on maritime
fishing in Tripolitania and Cyrenaica, approved with R. decree No. 312 of
27 March 1913:
Chapter 1. Article 19. Spongefishing operations over the entire sponge alga
expanse of Tripolitania and Cyrenaica may be conducted only after having
obtained a permit issued by the maritime authorities of Tripoli, Bengasiand
Dema and will be valid for a period of one year startin15November.
Article 20. Spongefishingoperations must, as a rule,becarriedout onlywith
one of the followingmethods :
divingequipment (diver) ;
diving(performed by skin divers) ;
trawl (gangava) ;
harpoon (trident- Kamakis).
TheGovernormayauthorizeother fishingmethods.The total nurnberof ships
or boats of each category of diving equipment and of the other spongefishing
tools rnay belimited by the Governor for singlecampaigns.
Article21. For sponge fishing operations with diving equipment, the latter,
even if located on a separate barge, is considered an accessorypart of the 434 CONTINENTAL SHELF
storage ship, on wgch al1the employees of the Company will be listed. The
. storage ship must be an ltalian flag ship. The fishing permit willbe made out to
said ship. The diving equipment shall be rewrded in an appropriate register.
Article 22. Enlistment for sponge fishing operations must be made by a con-
tract that will be stipulated in accordance with Article 522 of the commercial
code regardless of the carrying capacity of the storage ship.
Any advances on the salaries agreed for the entire carnpaign must be made
after enlistment and cannot exceed two months of salaries. All subsequent
payments must not exceeda one-month salary for each month that has elapsed
from the date of enlistment. Any advance must be accompanied by a regular
receipt. At the end of each campaign a note indicating the number of sponges
fished daily by each diver must be subhitted to the maritime authority.
Article 23. Persons enlisled to fish sponges with diving equipment shall be
divided into two groups :
(a) storage ship personnel ;
(b) work teams.
The former is entrusted with the navigational conduct of the storage ship.
The latter isinvolved inthesearch and exploitation of the aigaswith theaid of
the diving equipment.
The administration of thestorageship willbe entrusted to seamenwhopossess
the rank of seamen authorized to operate in traffic or of owners,dependingon
the ship's tonnage.A seaman authorized to fish on the high seas will be put in
charge ofeach divingapparatus.The rnembersof the work teams shall consist of
first- and second-class seamen. Al1divers, before being accepted for sponge
fishing operations on algasin Libya, must prove that they havehad at least two
years of training in the same type of fishing.
A managing owner or a person designated by him, may corneaboard for tlie
soIepurpose ofCO-operatingwith thecaptain of thestorageshipfor the successof
the carnpaign. These individuals may in no way interfere with the technical
administration of the ship or with the service or discipiinary relationships
between the captain and his crew.
Article 24. The maritime authorities of Tripoli, Bengasi and Derna, rnay,
based on Article 72 of the merchant marine code of Libya, permit the enlisl-
ment of divers of foreign nationality in excess of the number provided in said
article.
Article 25. The fishing of sponges with the other methods indicated in Arti-
cle 20 may be carried out by iso1atedboats, providing that they, taking their
tonnage into consideration, are run by persons duly authorized in accordance
with the merchant marine code and this regulation and providing that the
membersof thecrewarefirst- and second-classseamen,depending on the typeof
fishing to which the boat is devoted.
Article 26. Spongefishingoperations by foreign boats willbe permitted sub-
ject to approval by the Minister for the coloniesin agreement with the Minister
for Foreign Affairs.Only foreign ships,in possession of ship'spapers from their
own country, who go from abroad to the sponge algas of Tripolitania and
Cyrenaica and who depart upon completion of their campaign, are exempted
from the obligation tojoin stoiage shipsof Italian flag.
During fishing operations they must however abide by the overall require-
ments that govern same such as the issuance of the permit, the payment of the
related duties, the registration of the yieldwith the appropriate maritime author-
ities, as well as to abide by the special rules referred to in Article 34 below. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 435
Article 27. Al1storage ships with a net tonnage of less than 50 tons cannot
take more than two divers aboard. The maritime authority will, from time to
time, specify the maximum number of divers that can be taken aboard storage
ships with a net tonnage that exceeds the one now indicated.
Article 28. To obtain a sponge iishing permit an application must be filed
with the maritime authority having jurisdiction indicating :
first the name, last name and do~cile of the owner and managing owner,
if they are not one and the same, and a statement indicating whether the.mana-
ging owner intends to Lakepart in the campaign or designate someone to go
aboard ;
second the name and the carrying capacity of the ship or boat ;
third the fishing methods that will be used ;
fourth the number and quantity of fishing equipment or tools, and if con-
cerning fi-shingwith diving equipment, the naines and characteristics of the
latter.
The appropriate maritime authority, pursuant to the request made, will pro-
ceed to rnake enlistments, in accordance with the preceding Article 23 and will
issue a permit.
Al1applications by forèignships orboats must be accornpanied by the seal of
approval of their respective consul.
Article 29. During sponge fishing operations no ships, boats or equipment
different from those reported may be used.
Anychanges in theinake-up of the crewrnustbe reported to the authoritythat
issued the permit.The fished spongesmust bestored on thestorage ship to which
the diving equiprnent belongs.It is forbidden to leave the seas of Libya without
having registered the yield and paid the export duty referred to in the customs
duty rate of Tripolitaniaand Cyrenaicaapproved by R. decree No. 1582 of
14June 1913.
Article 30. Fishing with diving equipment and with the trawl (gangava) is
prohibited along the Coastof Tripolitania and Cyrenaica, in the area included
between the Coastand the 20-metre depth line.
Article 31. Fisherrnen that fish with diving equipment, by diving, and with
harpoons cannot fish,transport and sel1spongesthat, immersed inwater, do not
reach the following maximum diameter :
equine sponges 8 cm. ;
fine (soft) sponges 4 cm. ;
zymoches sponges 4 cm.
Fishermen that useatrawldo not incur the penalties specifiedbyArticle 61for
thefishingof spongesoflessthan the minimumdimensionbut saidspongesmust
be turnedover to the maritime authorities and sold on behalf of the public
treasury.
Article 32. Exclusive concessions for certain sea areas may be granted to
individuals, to companies or associations, whointend to dedicate themselvesto
theculture ofsponges,and who are deemedqualified by the maritime authorities
and subrnitguarantees fortheimplementation of theexperiment. Theconcession
is made by means of a decree issued by the colonial Governments.
Article 33. The service,the weeklyrest of the divers and of the other persons
assigned to the sponge fishing operation as well as the rules relating to the
prevention of accidents in the use of the fishing equipment, are governed by
special rules that rnust be approved by decree of the rninister for the colonies.436 CONTINENTALSHELF
Article 34. The yield frorn the sponge fishing operation must be taken to the
ports of Tripoli, Bengasiand Dema for the related registration with the customs
office, which will report to the local mantime authorities the results of the
registrations made as well as any infractions encountered.
Anyone who violates said provision, by selling or attempting to sel1the fish
yield at sea or in other ports, ispunished in accordance with the provisions
contained in title VI11of this regulation and incurs the revocation of the permit.
As soon as the registration formalities have been completed, the fishermen may
freely dispose of their product.
Article 35. The sponges that must be registered are :
equine sponges ;
zymoches sponges ;
fine (soft) sponges ;
elephant ears.
Article 36. Black sponges collected on the beach will be registered with the
nearest custorns office and will be subject to a tax of 25 lire per quintal. After
which those who have collected them may freelydispose of them. The relative
registrations willbe reported annually to the Harbour Master of the respective
mantime district.
Article 37. A spongefishng permit issubject to thepayment of the following
duties :
first, for every ship or boat assigned to fishing with a harpoon (trident or
Kamakis). 100 lire;
second, for every ship or boat that has divers, 200 Lire;
third,foreveryship or boat that conducts trawl fishing operations (gangava)
and whose net tonnage does not exceed 5tons, 200 lire ;
fourth, for everyshiporboat assignedto carryout abovefishingand whosenet
tonnage exceeds 5 tons, 300lire ;
fifth, for each apparatus to which no more than 5 divers are assigned,
1,400lire ;
sixth, for each diver over the nurnber five on each apparatus, 200lire ; a
seventh, for each shipor boat that carries out fishing operations with special
equipment, 2,000lire.
Article 38. The rninisterfor the coloniesmaysuspendthefishingof spongesin
certain areas, for the protection of said product, by a decree indicating the
duration of said suspension.
Article 2
Articles 54 and 55 of the regulation approved uith R. Decree No. 312 of
27 March 1913 are revoked, and the niimberingof the articles of the same
regulation is changed, number 33 ofChapter II, titleVI, bewmes number 39 ;
number 53of title VI1becomesNo. 59. The new Article 59,formerly Article 53,
is modified as follows :
"The commercial loan companies and institutions rnay subject the fish
yield to be kept on board for safe-keeping, through one of their represen-
tatives, or remove the yield itself and store it in warehouses designated by
the port authorities.
Should the creditor not rernovethe yield a special notation willbe made
on the fishing log, signed by both the creditor and the debtor." DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 437
Article3
In title VI1oftheaforementioned regulation thefollowing newarticleisadded
which will become nurnber 60 :
"Any credit transaction by pledging the ship, its accessones or the fish
yield, must bemade by the managing owners and in their name, except for
theconsent of the ship owners,if different from the rnanaging owners.The
powers of thecaptains, provided in Articles507and 509of the commercial
Code are safeguarded."
Article 4
The numberingof thearticlesof title VI11"lnfractions, penalties and criminal
provisions" of the aforementioned regulations No. 312 of 27March 1913is
changed, with number 56becoming nurnber 61 and number 63 becoming nurn-
ber 68.
The article that becomes number 61 is replaced by the following:
"Any violationsof Articles6, last paragrap7,to 10,12,14,paragraph,
15,20, are punished with a fine of fro50 to 1,000lire.
Any infractionsof Articles 13, 14,first part, 17,19,20,first and second
paragraphs,30,31,33,34,36,45 and of the prohibitions that willbe issued
with Articles38 and 40 are punished with a fine of from 200 lire to
5,000lire."
Article5
The transitory provision of title IX is revoked.
Article6
Theminister for the coloniesisauthorized toCO-ordinateinto a singletex1the
regulation for maritimeishingoperations in Tnpolitania and Cyrenaica, keep-
ing in mind the changes that have been brought about by this decree and by
previous Royal decrees No.2391 of 27 Novernber 1919 ; No. 1712 of 21 No-
vember 1920,and No. 1778of 15July 1923.
We hereby order that this decree, withthe sealof the State affixed thereto, be
made apart of theofficialcollectionofIawsand decreesof theKingdomof Italy,
withcopiesbeingsent toal1thosewhomust complywithitand who mustinsure
cornpliance with same.
Issued in Rome on 22 November 1925.
VictorEMMANUEL.
MUSSOLIN -I P.Lanza Di SCALEA.
Approved, The Keeper of the Seals : ROCCO.
Recorded in the Court of accounts on 28 December 1925.
Government Records, register 242, page 174 - Granata. CONTINENTAL SHELF
Annex 43
ITALIAN INSTRUCTIO FONR THESURVEILLAN CEMARITIM FISHING IN THE
WATER SF TRIPOLITAN IAD CYICENA IAATED16APRIL1919
[Copy of the documentin Ztaliannot reproduced]
(Translation)
N. 4735 General Secretariat
GOVERNMENT OF TRIPOLITANIA
AND CYRENAlCA
Instruciiofor theSurveillanoofMaritimeFishingin theWatersof Tripolitania
and Cyrenaica
All Royal Ships,Torpedo-boats, Vedette boats and Motorboats cruisingor in
navigation in the waters of the Libyan colonies have the obligation, under al1
circumstances,of performing the direct surveillanceof the coast, particularly as
concerns everythinghaving to do with the practices of fishing and coastal
trading.
The practice of both, in addition to being regulatedby specialns.or
laws, and therefore not being public domain, lends i~selfeasily to any kind of
smugglingactivity, for which reason itwillbe necessary to exercise maximum
interference inhese respects and at any time there will anse the occasion of
sightingsmallcraft or sailboats alongthecoast oroff shore.And sinceunder any
circumstancesan inspectionoard shallbeallowabletoverifycornpliancewith
the laws regulating fishing,it shall thereforeto giveher the instructions
regarding fishing itself as a safeguard al50against other infractions concerning
illegal coastal trade and contraband. The instructions to be followed by the
Commanding Officers of the Royal Ships are as follows :
1. The practiceof fishingfish,molluscs,crustaceans,spongesand coral along
the coasts of Tripolitania and Cyrenaica, and within the lirnitsof the territorial
waters, issubject to the concessionof particular permits for eachtype of fishing
by the Port Authorities of the two Colonies.
2. The limitsof the territorial watersare to beintended as established atthree
marine milesfrom the coast. It is howeveran accepted principle that al1sponge
coloniesfrontine.thecoastand extendingwithout intemation evenbevond3the
mileslimitcons&tuteterritorial waGdrstherefore spongeand coralf ishingon
suchsponge colonies, regardlessof howfar they extend from the'coast,must be
subjected to the concession of the proper permit.
3.Asfar as the sea border between Tripolitania and.Tunisia is concemed, it
was agreedtoadopt as alineof delimitation thelineperpendicular to thecoast at
-theborder point. whichin thiscase.theapproximate be-ringnorth-north-east
from Ras Âdgir.
At the border between Cyrenaica and Egypt, for the purposes of fishing, the
line startingfrom Cape Beacon,in the gulfof Solum,indirection east-narth-east
will be considered as the border.
Regardless as to whether they areing the national flag or a foreign one, DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 439
fishing boats found engaged in one of the kinds of fishing mentioned above
withinthe sealirnitspreviouslydescribedwithoutthe necessarypermit orwith an
expiredpermit willbe considered as engagedin illegalfishing.The fishingboats
themselveswillthereforebe seized,brought and delivered to the nearest Harbour
Office for further legal action.
4. In order to avoid possible disputes which wouId aise, especiallyin regard
to the actual position of thecraft atthe moment of theinfraction, 1establish that
the lines of delimitation mentioned above be moved in a direction parallel to
their own selves,until thefirst shailhave as its point of origin Ras Makabez and
the second Marsa Limreig(2 milessouth-south-east of Port Bardia).In suchway,
'there will be two areas of about 8 miles each, i.e., the one toward Tunisia,
included within the two lineswith a NNE direction, passing one througb Ras
Adgir and the other through Ras Makabez ;and that toward Egypt, included
within the two lines with an ENE direction, passing one through Cape Beacon
and theother through Marsa Lirnreig.In these IWO areas, althoughtheconditions
for prohibition offishingand the right toperform anon-board inspection arestill
standing, the boats flying a foreign flag and not in possession of the Italian
Maritime Authorities permit shallnot be seized,but rather ordered away, unless
the position of the site within theborders wheresuch boats werefishingillegally
can be demonstrated in an irrefutable manner even afterward.
5. In a case such as the one in the preceding paragraph, the Cornmanding
Officer whosurprised theboat in the openact shall imrnediatelywnte a detailed
report, which shallwntain in detail al1theparticulars relating to thecraft and its
owners, as obtained from the boat's documents, and the reasons why the craft
was declared in transgression of the law for fishing illegally. Such report shall
then be sent to the Naval Station Command in Libya for further proceed-
ings.
6. Fishingboats of any tonnage, be theynational or foreign, shallalwayshave
in the centre of the main sail, visible from a distance, the number under which
they are registered at the Port Offices,and belowit the emblem of the Maritime
District. Suchnumber shallbepainted in black and itsdigitsshallbe no lessthan
50 centimetres in height. The emblem shallbe constituted by the initial capital
letter of the district capital (T for TripolitaBifor Cyrenaica), no lessthan 50
centimetres in height, inscribed in a circle of no less than 1metre in diametre,
with a 7 centimetre wide band. Said emblern sball be painted in red.
7. During the night the boats must have the prescribed lights.
8. Should a violation of the rules prescribed in paragraphs6 and 7 be found,
the boat shall be allowed to continue fishing(provided it is in possession of the
permit prescribed) but itwillbe finedand the necessarydata for thereport to the
Port Authorities will be taken.
9. The personsincharge of boats engagedinspongeor coral fishingmust keep
a fishing log, in which willbe recorded for eachday of fishingthe hours and the
sites where the fishing took place, the quantities and the qualities according to
the various categories of the product fished. For sponge fishing, the health
conditions of the crew must also be recorded.
10. In the aforesaid fishing log there shall be also rewrded the date of the
last unloading of the product fished and the place where it waseffected and de-
posited.
11. It is forbidden to keep aboard thefishing boatsany firearms, except those
for which an authorization was obtained.
12. Fishing withdynamite or witholher explosivemateriais isprohibited, it is
forbidden to throw in the water substances capable of clouding it, and of440 CONTINENTALSHELF
stunningor killingfishandotheraquatic animals,andit isalsoforbidden tokeep
aboard the fishing boats the explosivematerials rnentioned above.
13. In the violationsof the niles of paragraphs 11and 12, the armsand the
explosivesshallbeseizedand theboat shall bebrought to thenearestPort Office
for further measures.
14. Sponge fishing maybe performed only in the followingmanner :
with diving suit (diver);
diving(performed by skin divers) ;
with dredge (gangava) ;
with fishingspear (kamakis).
Fishing witha diving suitand with a dredge(gangava) isforbidden along the
littoralofTripolitania andCyrenaicain the areaincludedbetweenthebeachand
the 20-metredepth line.
15.The product of sponge fishingrnustbe brought upto theports of Tripoli,
Bengazi or Derna for the registration and to be deposited with the Italian
Association for the Fishing and Commerce of Sponges.
16. The spongesfishedcannot be transported by another boat ; they rnaybe
transferred only to the one assigned as exclusivedeposit of the fishingof each
boat or group of boats.
17. Fishermen cannot leave Libyan waters until after they declared the
product of their fishingand registered and deposited it.
18. Inthe present Sumer fishingcampaign, the permit appliesfor Tripoli-
tania from Cape Tajura to the Tunisian border, and for Cyrenaica to the entire
coast, without delirnitation.
19. Boatsflyingthe national or a foreignflag,withor without regular fishing
permits issued bythe Harbour Master'sOffice ofTripoli or Bengazi,caught in
theactof fishingeast of themeridianof CapeTajura willbedeclaredinviolation
ofthefishinglawsand thereforeseized,brought and deliveredto thenearest Port
Officefor further prosecution.
20. Any trade taking place dong the coast and out of port, be it by sail or
steam boats, shall be definitely subjectto inspection. Once an infraction is
ascertained, the craft, the rnatenal unloaded and the persons involved shall be
seized,and al1shall be brought to the nearest port.
22. For ships suspected of being involvedin smugglingoperations, special
instructions shall be given caseby case.
Tripoli, 16April 1919.
(Signed)GARIONI,
The Governor. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 441
Annex44
[Copy ofthedocumentin Ilalionnot reproduced]
IN THE NAME OF HIS MAJESTY
VICTOR EMMANUEL III
BY THE GRACE OF GOD AND BY THE WILL OF THE NATION
KING OF ITALY
On 2 September 1913in Zuara the Officer of the Port, Cav. Attilio Maxera
(Harbour Master), with the assistance of Mr. Pietro Codebo (Court Clerk)
in a penal case
has pronounced the following judgement in the trial against thos? herein
named :
First. Andre Matziasonof Ciriaco,45 years old,born and domiciledin Hydra,
captain in command of the Greek boat Panaiain possessionof a permit to fish
for sponges withequipment in Tunisian waters, No. 8, issued in Sfax on 1July
1913.
Second, AlessioSarris son of the late Emmanuel, 47years old, born and
domiciledin Hydra, captain in command of the Greek boat AgnicsCostanrinos
fishingas above,in possessionof permit No. 10dated 1June 1913for fishingi?
Tunisia.
Third. Gregorio Moraibz son of the late Attanasio, 33years old, born and
domiciled in Hydra, commanding the Greek boat Taxiarchifishingfor sponges
as above,in possessionof permit No.13 for fishingin Tunisia issindSfaxon
1June 1913.
Accwed
of violating Article 19of the "Regulation fishingoperations in Tripolitania
and Cyrenaica" approved by RoyalDecreeNo. 312of 27 March 1913,forhaving
been caught in the act while fishingfor spongeson the sponge algas expanseof
Tripolitania without the permit required by Article19of the aforementioned
reguiation.
Consideringinfact : that withstatement No. 613dated 26Augustthecaptain
of the Royal Torpedo-boat Orfeoreported to this Harbour Master'sOffice that
he had overtaken,whilecomingout oftheapproach channelleading io the inner
roadstead of Macabez,9 milesawayfrom said channel, the three boats ieferred
toabovein theprocessof fishingfor spongesat latitude 33' 1N'and longitude
9' 22'East Paris,without beingin possessionof the permit requiredto fishin the
waters of Tripolitania and Cyrenaica. That the point where said boats were
overtaken by theTorpedo-boat is 11.7milesfrom theCoast;that thisverypoint,
whileonthissideof the line(not legible)that passesby Ras-Ashyir,whichmarks
the border betweenTripolitania and Tunisia, isincluded in the range of the alga
spongeexpansesof Tripolitania (referred to in Article 19of the aforementioned442 CONTINENTALSHELF
fishing regulation) which expanse, in tarea,extends over 25 miles from the
beach.That it has been established that the boat cornmanded by Andre Matzis
had adiverinthe water,busyfishingwhenhewassurprisedbytheTorpedebat
Orfeo.Thatwithrespectto theother twoboats noneof wbichhad anydiverinthe
water it can be presumed that theyhad been fishingin said algaexpanse and the
captain of the Torpedo-boat Orfeocornesto said conclusion based on the fact
that he located the boats over a bank on which they werenot permitted to fish
and based on the fact that they had a certain quantity of spongesaboard, while
the witnesses who wereheard under oath, unanimously stated that no diver was
in the water exceptthe onefrom thePanaia boaand that theboats werelocated
on said alga sponge expanse, under calm seas with unfolded sails ready to
proceed on their way from the Tunisian banks to the roadstead of Macabez
where they intended to go to spend the next Feast of the Assumption (which
according to the Greek religion occurs on August (?)) (not legible).
In Viewoj theA bove
The undersigned Officerof the Port declares the named Andre Matzis, son of
Ciricco, guilty of the violation ascnbed to him and having read and applied
Articles19,20,22,57,59,6 1relatingtothe Regulationon FishingOperations in
Tripolitania and Cyrenaica, and 562 of the Pend Proc. Code sentences the
aforementioned Andre Matzis to a fine of2,100 lire, to the payment of court
costs and to the confiscation of the spongescontained iPanaia boat - and
absolvesfor lack of proof the named AlessioSarris, son of the late Emmanuel,
and Gregorio Moraibi, son of the late Attanasio.
So was it decided in Zuara at a public hearing on 2 Septembe1913.
The Captain of the Port, The Court Clerk,
(Signe Md)XERA. (Signed) Pietro CODEBO.
The Court Clerk, Seenby the Harbour Master,
(Signed) P. CODEBO.
(Signed) MAXERA.
This iça true copy of the original which is issuedfor administrative uses. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 443
JCopyof rhedocumentin Italian norreproducedj
(Translation)
OFFICIAL BULLETIN OF TRIPOLITANIA
ORDINANCES
16.
No. 5247
Maritime Administration O/ Tripolitania
Insrmctionsfor the supervisionof maritimefishing in
the waters of Tripolitania
(a) General Information
The following provisions govern maritime fishing in Tripolitania :
(1)Regulation for mantimefishing operations inTripolitania and Cyrenaica
approved by Royal Decree No. 312 modified by :
(a) Royal decree No. 1712of 21November 1920 ;
(b) Royal decree No. 2273 of 22November 1925.
(2) Ministerial Decree of 12April 1919 that establishes special rules for the
fishing of sponges in Tripolitania and Cyrenaica.
(3)Gubernatorial Decree No. 541A, of 8 September 1928that authorizes the
fishing of sponges in Tripolitania with the system of "De Fernez" equip-
ment.
(4) RoyalDecree No. 1910of 10October 1929that setsup an intermixed area
for the fishing of sponges by fishermen of Tripolitania and Cyrenaica.
(5) Regulation of the port of Tripoli approved on 22 December 1930.
(6) Gubernatorial ordinance No. 3781 (?) dated 15May 1931for the supply
and use of the medicine box.
With respect to the supervisiond fishing, regulation No. 312 of 27 March
1913specifies that :
(Art. 2). The administration of maritime fishing is entrusted to the Authori-
ties in charge of Merchant Manne activities in Tripolitania (Harbour Master's
Office,Port Offices and Beach Delegations).
(Art. 3).To implement the rules and ascertain the related infractions the
Authorities indicated in Articl2work in unison with the Royal Navy, with the
Revenue Office and with al1other officers of the police force.
Based on these provisions and on the gubernatorial instructions of 16April
1919,which are replaced by these provisions, the Royal Navy ships that goon a444 CONTINENTALSHELF
cruise or that are sailing in the waters of the Colony must carry on direct
surveillance of fishing operations, keeping in mind that :
(1) The validity of the fishing legislation extends to the very limit of the
territorial waters, that is to Sayup6tmilesfrom the coast, but it is understood
that al1the sponge algas that face the coast and that extend without solution of
continuity evenpast the lirnitsof the territorial waters, ai whateverdistance they
might be from the coast, are consldered as being induded in the territorial
waters.
(2) The seaborder-line between Tripolitania and Tunisia is established byan
approximate north-north east bearingfromRas Adgir,but in order to avoid any
possibledisputes,ithas been agreedthat thedemarcation line originateswith the
same bearing fromRas Makabez in order to establish an area of approximately
8 miles in front of the Ras Adgir-Ras Makabezcoast line, in which foreignflag
boats that do not haveapermit from theItalian mantimeauthorities must not be
sequesteredbut asked tomove on, unlessthelocation in which they werespotted
fishing illegally,can be established,without any doubt to fa11within the boun-
dary.
(3) In the case referred to in the preceding paragraph, the captain that has
taken by surprise and caught the boat in the act, will immediately prepare a
detailed report showingal1the information relating to the craft, toits captain or
owner as shown on the ship's papers, as well as the grounds for the infrac-
tion.
(4) The border between Tripolitania and Cyrenaica is outlined by the me-
ridian of Gasr el-Muktar, but with respect to the fishing of sponges, an inter-
mixedareahasbeen setupdefinedtowards theseanorth of theparallelof Buerat
el-Hsun (31.25.00N) to the east by the mendian of Agheila(19.13.00.E).Boats
from Cyrenaica arepermitted tocross theborder lineinto watersofTripolitania
and viceversain said area in the eventofan act of God or totake on a supply of
water and in any event for a period no1to exceed IO days.
Thisinformation havingbeenstated inadvancewearesurnrnarizingbelowthe
controls that must practically be exercised whenencountering any fishing boats
or ships.
(b) Controls that Apply Indiscriminately to al1Ships
or Boats
(1) Ascertain, whether at night the lights prescribed by Article 2 of R.D.
No. 164 of 26Apnl 1906are kept on, whichdecree modifies regulationNo. 577
of 13December 1896to avoid collisionsat sea.
(2)Ascertain (if the fishing-net for tunny campaign is in progress) that the
ship or boat is not fishing within the exclusivearea of a fishing-net for tunny
concession, Le.,within 5 kilometres on the western side of the net, 1kilometre
from the eastern side and 6 kilometres infront of the fishing-net for tunny
installation (Art. 45, regulation).
(3)Check that the fishing permit issued by the maritime authorities is on
board (Art. 19 regulation).
(4) Check that the seaman in command to whom the permit was issued is
aboard (Art. 23 regulation).
(5) Check that no firearms are on board which have not beenauthorized in
writing by the maritime authorities and that there are no explosives (Art. 11
regulation). DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 445
(c)Special Controls for the Fishing of Sponges with the
"Diver's,Suit" Method
(6) Check that the ship does not carry on board a number of divers greater
than that corresponding to the fishing duty paid (Art. 37regulation), checking
for this purpose the personnel roster issued bythe Maritime Authorities which
must be kept on board.
(7) Check, by the use of the divingequipment, the depth and make sure that
fishingis not beingconducted at a depth of lessthan 20metres or more than 60
metres (Art. 3 of the special rules).
(8) Checktomakesurethat the fishinglogison board and that it isbeingkept
in the prescribed mannes (Art. 10 regulation).
(9)Check to rnake sure that the fished sponges, immersedin water, are not
smallerindiameter than wasreported. Equine sponges 8 cm.,finesponges4 cm.,
zymoches 4 cm. (Art. 3 1 of the regulation).
(10) Check for presence and contents of the medicine box in accordance
with gubernatorial ordinance No. 3784 of 15May 1931(Art. 3 of the special
rules).
(11) Check to make sure that the work shifts and the rest periods are being
complied with (Arts.5 and 6 special rules).
(12) Check to make sure that there are no sick or injured persons aboard,
which might have been unduly kept aboard without having been immediately
transported ashore and reported to the Maritime Authorities (Art. 8 of the
special rules).
(d) Special Controls relating to Sponge Fishing Operations
with the "De Fernez" Mask
(13) Checkby means of divingequipment that fishingis not taking place in
depths of lessthan 15metres or of more than 50 metres (Art. 2 gubernatonal
decree No. 541A).
(14) Venfy that thefishedsponges,immersedinwater,do not have adiameter
less than the following:
equine sponges 8cm., fine and zymochessponges 6 cm. (Art.3 of the afore-
rnentioned decree).
(15) Check to make sure that at least six divers are on board and that each
diverdoesnot makemorethan six(6)divesperday(Art. 7 oftheaforementioned
decree).
(16) Check the fishing log as referred to in No8.
(17) Check the medicine box as referred to in No. IO.
(18) Check the sick and injured as referred to in No.12.
(e) Special Controh for the Fishing of Sponges with the
"Gangava" Method
(19) Check tomake surethat the craft isnot fishingdunng theperiodsof time
and in the locations that are annually forbidden by appropriate decreeof the
Maritime Administration.
(20) Checkwith divingequipment that fishingis not taking placeat depths of
less than 20 metres (Art. 30 of the regulation).
(21) Check the dimension of the sponges as referred to in No. 9. If any are
found with a smallerdimension than what is prescribed removethem and turn446 CONTINENTALSHELF
thern over to the maritime authorities at the first landing-place (Art. 31, last
paragraph of the regulàtion).
(22) Check the ship's log as referred to in No. 8.
(f) Speciai Controls for Boats Assigned to Fishing
(23) Check to make sure that fishing is not being carried out by the use of
material thrown in the water which willweaken, stun or kill the fish and other
aquatic animals (Art. 14 of the regulation).
(24) Check iffishingwith lurninous sources, that said fishing is not going on
during perids of tirne and in the locations that are annually prohibited by
appropriate ordinance of the Maritime Administration of Tripolitania.
(25) Verifyif trawi net fishingistakingplace, that the rneshof the sackcloth is
not less than 20 mm. on the side (Art. 17of the regulation).
(26) Venfy that inside the Port of Tripoli, no fishing istaking placeawater
spacereserved forthe Royal Navyor withouta permit from the Harbour Master,
in the space located south-west of the junction of the landing-stage of the
Harbour Master and the head of the November IV landing-stageand that no nets
or other floating equipment is being kept during the arriva1or departureof the
seaplanes (Arts. 116and 118of the regulation of the Port of Tripoli).
(g)Infractions
Any infraction. that is spotted must be reported by a written report to the
nearest port Authority.
Part of the proceeds obtained from the pecuniary fines inflicted on the vio-
lators as a result of a conviction or a settlement and from those derived from the
eventual sale of the equipment or products sequestered, will be given by the
Judging Authorities after deduction of the costs (as per Art. 68 of the fishing
regulation) to the officers that have ascertained the infraction.
Should the infraction have been ascertained by seamen of the Royal Navy or
by officers not assignedto port operations, the assigned sums of money wiil be
turned over to their respective Corps Headquarters for distribution in accor-
dance with particular regulations that rnight be in effect at the Corps level.
Should the infraction have been ascertained byofficers assigned to the Har-
bour Master'sOfficeoi to Port or BeachAuthority Offices,the proceeds willbe
split with half beinggivento the officersthat signed the report of infraction and
the other half beingsplit equally among al1the othernon-wmmissioned officers
and seamen on serviceon the day that said infraction was ascertained, except
those that might be on report.
Should the infraction have been ascertained through a Royal Navy ship by
persons not connected with the ship itself, one-third of the assigned sum will
go to the ship with the balance being split up in accordance with the above
rules.
Tripoli, 25 June 1931,Year IX.
Seen and Approved.
for : The Governor,
SINISCALCHI. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL
Annex 46
(Copies of the documentsin Italian not reproducedj
(Translation)
MINISTERIALDECREE 24 ~EPTEMBER 1979
INSTITUTIONOF ZONES OF PROTECTIONOF THE BIOLOGlCAL RESOURCESIN THE
FREE SEA
TheMinisiiy of MerchantMarine
Considenng the increasing impoverishment of the marine fishing resources
and theconsequent potential negative repercussionsof such irnpoverishmenton
the fishing activity ;
Considering the necessity to apply ihe moai receni scientificgainsfor the
purpose of guaranteeing in largeareas of searationally allotted the repopulation
of fish fauna ;
Considering likewisethe necessity,for said purposes, to maintain good neigh-
bour relations and of CO-operationin the area of fishingwith the other countries
and to conform to the directives of the European Economic Communities ;
Given Article 32of the law of 14July 1965,No. 963,relative to the rules and
regulations of maritime fishingwhichattributes to the Minister of the Merchant
Marine the power to enact by way of suitable decree norms for the rules and
regulations of maritime fishing even notwithstanding the prescribed rules and
regulations ;
Having heard the central advisory commission for maritime fishing ;
Vesselsbearing Italian flag and in any case Italian citizens are forbidden to
carry out without specificauthorization fishing activitiesin the areas of free sea
destined for biological protection, individuated by separate decree.
Rome, on the 24th day of September 1979.
The Minister : EVANGELISTI.448 CONTINENTAL SHELF
(Translation)
MINISTERIALDECREE, 25 SEPTEUBER 1979
INSTITUTION OF A ZONEOF PROTECTION OF BIOLOGICALRESOURCES
SOUTHWEST OF LAMPEDUSA
"ne Minislerof theMerchant Navy
Considenng thenecesçitytoensurethedefenceofthebiologicalresources
existinin certainzonesof thehighseajn order toguaranteethefishjngness
of waters in which operate the Italian fishing bo;ts
Considering hisown decree dated24 Septernber1979, whichdeferred to
further legislation the definition of the sea-zones whereit is prohibited to
ltalian ships and nationals torry on fishing activiti;s
Considering that the'parl of the sea delimited ayline which,starting
from.the point arnval of the line of the 12milesof the Tunisian territorial
waters connects,on the parallel of Ras Kapoudia, with the 50-m. isobath
and follows that isobath to its meeting-point withthe line departing from
RasAgadir(sic)to theNorth-East-ZV=45', istraditionally recognizedasa
zone of fishing restocking ;
Decrees :
It isprohibited to ltalian nationals and to fishing-boatsflyingthe Xtalian
Rag to carry on fishing activitiesin the zone of the sea as defined in the
premises."
Rome, 25Septernber 1979.
Minister :EVANGELISTI. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
Annex47
LIBYA NAW NO. 12OF 1959
DECISIO NNO. IOF 1960
DECISIO NNO. 1OF 1961
[Copies of the documentsin Arabienofreproducedj
(Translation)
STATUTE 12FOR ïHE YEAR 1959 CONCERNING FISHING FOR SPONGE
i,IdristheFim, Kingoflhe UnitedLibyanKingdom,haveapprovedandpubfished
thefollowingstatutepreviowly caneludedbybothHousofRepresentarivandrhe
Senate:
SectionI. General Orders
Article1
Fishing for sponge is permitted only in those areas specifiedchiefof
transportation in the district.
Article2
No one is permitted tengagein fishingfor sponge unlesshe has obtained a
licence for that purpose. The licensing will be issued either in the forrn of a
Special Licenceor acomrnitment to fish in al1or some marine areas.
The licencewillbegranted acwrding to the conditions set in this statute. The
comrnitment wili be regulated aySpecial Statute.
Articl3
Thefeesfor issuanceof fishinglicenceswibedetermined by the Ministerof
National Economy.
Article4
Ship owners, seamen and diversmay, according to law, form CO-operative
organizations for therpose of fishingfsponge. Theseorganizations willbe
exempted from registration fees.
Article5
1. Fishing in the areas specifiedis allowedonly by ships registered in Libya
according to the Libyan maritime law.
Foreign vesselare notallowedto fish in these areas unlessin accord with a
treaty in whichLibyahasentered, andhen not beforea fishingLicencehas been
obtajned.450 CONT~NENTALSHELF
2. Vesselmeans al1boats, yachts and residence ships used in sponge fishing
projects.
Libya OnfficialGazette,
Issue No. 15,
14September 1959.
Section2. On the Procedure and Conditions of Licensing
Article6
Applications fora licence mustbe submitted totheproper officein the district
concemed. The chef of transportation willissueat the beginning of everyyear,a
statement in the official gazette of the district showing the follow:ng
A. Date to submit applications.
B. Specificationfor the number oflicencesto be issuedduring theseason forthe
different types of fishing stated in Artic22. This specification must be
agreed to by the Minister of National Economy.
C. The date for granting licences to their new owners.
Article7
Requirements of licence applicant :
A. He must beof Libyan naiionaliiy.
B. He must not be convjcted of afelony or crime of dishonour or dishonesty
unless he was later completely exonerated.
C. His name must be registered in the commercial register if he employs fiveor
more divers in the fishing project.
During the ten years following the enactment of this Statute, the nationality
requirernent may be overlooked.
Article8
The licence application form must contain the following information :
A. The name, title, nationality and place of residence of the applicant.
B. The name and nationality of the ship and the name of the port at which it is
registered and its registration number and load data.
C. The name of the captain of the ship the applicant intends to employ, his
nationality, the name of the port at which he isregisteredand his registration
number.
D. The name of the storage ship, its nationality and load, the port at which itis
registered and its registration number.
E. Thename of the captain of the storageship,the port at whichhe is registered
and his registration number.
F. A staternent on the methods requested .or fishing on the condition that it is
one of those specified in Articl22.
G. The name of the foreman employed to supervise fishing, his title and
nationality. If he hirnseïf is the applicant, he should mention this in the
application.
H. A statement ofknowledgeof thisstatute must be made,copiesofwhichmust
be given to the captain of this fishing ship and the captain of the residence
ship. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 451
1. If the ship designated for fishing is owned by another Party, the applicant
must submit a written statement from the owner allowing its use for this
purpose. Theowner's permission must showthe period for using the ship and
the fishing means intended for use.
One licenceisgranted per ship,and itsgranting by the ChiefofTransportation
will be the sole responsibility of the licensee, with no ensuing responsibility
whatsoeveron thepart of the authority issuingit regardlessof theacceptance by
the crew, divers or any other person.
ArticleIO
The Chief of Transportation will specify in the statement mentioned in Ar-
ticle6 the number of licences to be granted to foreign ships whosegovemments
have signed agreements with the Libyan Government for sponge fishing in the
Libyan territorial waters.
If such agreements do not exist, the Chief of Transportation may permit
temporary issuanceof a lirnitednumber of licencestoother foreignshipsif thisis
deemed economicaliy beneficialto the wuntry, on thecondition that heobtains,
in advance, the approval of both the Ministries of the Exterior and the National
Economy, and subrnits the licence application through them.
ArticleII
If theapplicant fails to receivethe Licenceissuedhim on the prescribed date
the Chief of Transportation may cancei it and offer the lic-enceto another who
meets the legal conditions required, taking into consideration the priority of
applicants.
Article 12
In the absence of violations of mles set in this statute, foreign ships whose
owners request licences to fish in territorial waters because of international
agreements, are subject to the following mles :
1. The application must be subrnitted by theconsul or hisdeputy of the wuntry
the ship is subject to, through theinistries of the Exterior and National
Economy.
2. Officia1certificates, authenticated by the consul, must besubrnitted stating
the following :
A. The fitness of the ship for navigation, the soundness of its engine and
equipment, especially the diving equipment, if there was any.
B. The availability of heaith conditions on board, including the necessary
medical aid supplies.
C. The availability of food supplies, and their storage in clean areas on
board.
D. The application of medical examination procedure on al1the crew and
divers by the authorities concemed in the wuntry theship is'subject
to.
E. Accident insurance by in~urancea~enciesapproved by the foreign coun-
try and whose responsibility extends to Libya.452 CONTINENTAL SHELF
Article13
Al1ships, Libyan and foreign, must deposit, at the time of receiving the
licences,al1their papers and documents for safe keeping at the fishing office
according to Libyan mahtime law.
Thesepapers willbereturned to theshipat theend of thefishingseasonafter it
submits to the office its licence and a full accountof the amounts of sponge
fished, their types, weightin kilograms, valuein Libyan pounds, the areas at
whicheachtypewasfished,and a statementfrom the Department of Customsor
Ports indicating the payment of required fees.
There must be attached to this account a list of the type and weight of the
amount fished by each diver,its value,the advance thediver receivedduring the
season ; this list must be signed by both the diver and the captain.
Article14
Ali licenced shipsthat intend to fishoutside the Libyan waters must obtaina
specialpermit from the fishing officeconcerned before sailing.They must also
state at that lime, the weight, type and value of the amounts fished in Libyan
territorial waters.
Libyan ships must carry their licences when they sail for fishing in foreign
waters.
Section 3.On Fishing Ships and their Inspection
Article 15
Ships which use mechanical equipment in their operation should have an
engine.
Article 16
The person whoisin chargeof the operations should provide storage shipsof
the folIowingtypes :
1. One storage ship carrying no less than 10tons for each fishing ship.
2. A residence ship whose load is not less than 20tons for two fishing ships.
3. A residence ship whose load is not less than 30tons for three fishing
ships.
4. A residence ship whose load is not less than 40 tons for four fishing ships.
5. A residence ship whose load is not less than 50tons for five fishing ships.
Suppliersmay agee touseoneresidenceshipfor anumber offishingshipsnot
to exceed the number stated in this article. taking into consideration the close
distance between the fishing zones licenced forLachof them. This agreement
must be written and presented to theauthoritiesconcemed before theissuanceof
a licence.
Article17
The supplier must provide the fishing and residence ships with boats and
sufficienteqvipment to use in saving the crew.A licencewillnot be issueduntil
these have been inspected.
The ship-master must makesureof the presenceof theseboats and equipment
before itsails. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
Article18
Subject to inspection before the issuance of a licence are everyresidence ship
or fishing ship in which divers use mechanical means. The inspection, after the
ship has been prepared for fishing, will ensure the followingconditions :
A. The good condition of the ship's engine,instruments and equipment.
B. The good condition of diving instruments.
C. The availability of fishing equipment and its fitness for use.
D. The availabiiity of spare parts for fishing and diving instruments.
E. The sufficiency of food supplies and their storage in clean areas.
F. The healthy physical condition of members of the crew, ensuring in parti-
cular that divers are in conditiongood enough to allow them to dive or
continue diving.
G. The first-aid box must contain the medicines and medical supplies that the
divers may need.
Article19
The ship' isspection is carried out in the followingmanner :
A. A marine engineer is to be in charge of inspecting the ship, navigation
instruments, and lifeboats and their equipment.
B. A mechanical engineer will inspect the ship's engineand al1its systems and
instruments, also thedivers'mechanicalinstruments and related gearsuchas
clothing, pipes, the metallic head gear and other accessories.
C. The port's medical officer must examine the physical condition of al1mem-
bersof the ship'screwand makesurethe first-aidbox contains the necessary
medicines and medical supplies.
Article20
Fishing ships must be identified on both sides of the prow by the letter (S) to
indicate they are designated sponge fishingships. The letter (T) isto be added if
theshipworksin thedistrict ofTripoli,or theletter (B)if itworksin thedistrict of
Bargha.
Theseletters, together with other signsrequired by law,are to befixed with the
knowledge of the fishing office wncerned. They must be wel1maintained and
clearly legible.
Section 4. On the Conditions and Rules.of Fishing
Article21
Spongefishingisprohibited if the sponge'sdiarneter islessthan 8 centimetres
in the Quina type, and if it is not more than 6 centimetres in al1other types.
The fishingofficeis to designate thelocations wherethe spongealready fished
is to be unloaded under the supervision of the public authority men.
Article22
Fishing for sponge is prohibited unless one of the following methods is
followed :
A. Al-Scavendor (with swim suit and mechanical instrument).
B. Al-Furness (with mask and mechanical instrument).454 CONTINENTAL SHELF
C. Al-Saleeb (with mask and manual instrument).
D. Al-Sibaha (without clothes or instmment).
E. Al-Fusina (the spear).
The chief of transportation, with the approval of the Minister of National
Economy, may issueorders for the use of other methods of fishing besides the
methods mentioned, or for the prohibition of fishing by one of them in some
areas or at certain times if it isdeemed beneficial for fishing.
Article23
It isprohibited to change the method of fishing indicated in the licence unless
the issuing authority approves a request submitted and giving reasons for the
change.
Article24
It is not pennitted to exceed the following depths when using divers in
fishing :
10 metres in the method of Al-Saleeb.
35metres in the method of AI-Furness.
60 metres in the method of Al-Scavendor.
Article25
Divers must not stay underwater from the time of diving to the time of
surfacing beyond the following periods, and the ship-master must supervise
that :
A. in the method of Al-Scavendor :
Depth Period undenvater Surfacing
from time of diving period
from 10 to 20metres 30minutes 15minutes
from 21 to 30metres 20minutes 15minutes
from 31tu 35 metres 15minutes 15minutes
B. In the method of Al-Furness :
from 10to 20 metres 30minutes
from 21 to 30metres 20minutes
from 31 to 35 rnetres 15minutes
from 36 to 40 rnetres 10minu tes
Article 26
The diver isprohibited10dive twoconsecutive times ; he is alsoprohibited to
repeat diving exceptafter al1other diverson board have taken their turAt.al1
times he is not permitted to dive more than four times in one single day.
Article27
The diver must surface from the sea bottom to the water surface by rneans
of the special rope known as the guide rope (Jwaida). In the method of Al-
Scavendor he is prohibited to take off his diving gear before 30 minutes have
passed from the time of his surfacing above water. DOCUMEWARY ANNEXES TO COUNTER-MEMORIAL
Section 5. On the Ship's Crew
Part1. On the Ship-master
Article28
The rnaster of a fishing ship that employs five or more divers working with
mechanical instruments, and the master of a residence ship are required to :
A. Be of Libyan nationality.
B. He must not be convicted of a felony or a crime of dishonour or dishonesty
unless he is later exonerated.
C. His name rnust be registered in the seamen's register.
D. He must successfullypass the examination held before he is conferred the
status of master.
E. He must have engaged in marine work for a period not less than three years
under the supervision of an approved master, and must submit a statement
signed by himcertifying that he worked under his supervisionfor the period
mentioned. Dunng the ten years followingthe implementation of this Bill,
the nationality condition may be overlooked.
Article29
The examination mentioned in the preceding article will cover the following
subjects :
A. Knowledge of using the mariner's compass.
B. Duties of the ship-master acwrding to the orders of manne law.
C. The prescribed directives for avoidance of collisions.
D. Procedures to avoid accidents and injuries divers may faIl subject to.
E. Measuresof aidingdivers when theyare injured awayfrom ports and the use
of medicines in emergencies.
Article 30
The exarnination will be adrninistered by a wmrnittee composed of the fol-
lowing persons or their deputies in case of their absence:
Harbour Master Chairman
Member
Fishing Office Representative
Port's Medical Officer Member
If the applicant passes the examination the status of ship-master will be
conferred on him.
Part Il.On the Duties of Ship-master
Article31
The S~D-masteris not authorized to order the ship to sail for fishing unless it
hason board al1seamennecessaryforoperating themachines,and for navigation
and manoeuvres acwrdine to the ~rescribed orders : theshio must also have on
board al1 the diiers and ;he perSon in charge of signai xchanged with the
diver while under water.
It is not permitted to make any changes in crewmen unless a written permit
has been obtained from the fishing office concerned.456 CONTINENTALSHELF
No one other than the ship-keeper or his representative, and other than the
members of the crew, is pennitted to be on board the fishing ship during its
operation in the areas it is licensed to fish in.
Article32
The ship-master rnust, before sailing, rnake sure of the followin:
A. Al1machines,equipment and tools must bein good condition to ensure their
protection againstdamage, and make them fit for immediate use. In partic-
ular he must secure the safety of the diving equipment and its fitnessfor use
during the seasonand inspect the divingsuit and airpipes and provide al1the.
needs of the diver while operating under water.
3. Life boats and equipment in good condition.
C. Spareparts sufficientlyavailable to meet anybreakdown inthe shipor diving
operations.
D. Food supplies sufficient for the ship men during the period of their absence,
and the storage of these supplies in places protective against spoilage and
darnage.
Article 33
The rnaster of a ship that usesmechanical instruments of anykind in fishing
rnust do the followingbefore the start of daily operations :
A. Inspect these instruments, the air wmpressor, the rnetallichead gear, the air
pipes and valves, the diving outfit to ensure their safety and fitness.
B. Measure the water depth where fishingwill take place using the designated
instrument to makesure it corresponds with the depth permitted for fishing
and which is indicated in the licence.
Article34
The ship-master rnust verify prior to the diving operation that the diver
thoroughly knows the functions of the instruments he uses in hisjob, and the
special signals he exchanges with the ship dunng his dive.
Article35
The ship-mastermust maintain a record book in whichhe enters daily obser-
vations on fishing, the areas in which it takes place, the depth of water, the
weather conditions, the accidents and injuries that befall the ship or crew men,
and other observations and information he considers necessary to record.
Arricle36
The ship-rnasterisconsidered responsiblefor the ship from the tirneit sailstill
the time it returns. He is ta executeal1the orders related to hisjob whether they
are set in this Billor any other Bill.
Neither the ship-keepernor hisrepresentative, ifhehappens to beon board for
fishing supervision, is to interfere in any of the ship's affairs.
Arricle3 7
Ifthe ship returned to port because of the terrnination of operations in the
fishing season, its master or its supplier must notify the fishing office of that. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
Part III. On Seamen and Divers
Article 38
Tworegistersareto be established in the fishingoffice,onefor the registration
of diverslicensedtoengagein diving,and the other forthe registration ofseamen
licensed to work in fishing ships.
Orders are to be issued regulating the conditions and requirements pertinent
to this register.
Article 39
Theageof a person who worksas diver must not be lessthan 18years and not
more than 60. A person whose age islessthan 21years may not be registered in
the divers register until a written consent by his guardian has been obtained.
Article 40
A diver or a seaman is not to be employed in the fishing profession unlesshis
narne is registered in one of the two registers mentioned in Article (38), and
unless he possesses a registration Eard.
Employment willbe on the grounds of a written employment wntract signed
by both parties and witnessed by the fishing officer.
Everycontract not in compliance with the orders of this article is invalid.
Article 41
If the ship-keeperisan alien hemust obtain a specialpermit to employ Libyan
divers or seamen. The permit is to be issued by the transportation head office in
thedistrict that issues the licence ;and thecontracting willnot be valid until this
permit has been obtained.
The orders of this Bill will apply to the contract.
Article 42
The contract between the contractor and the seamen, including the captain is
based upon the monthlysalary, or on the basis of thissalaryplus an agreed upon
share of the sponge gathered by the sponge boat during the seasons.
Thecontract between the contractor and the divers isalso based upon a share
of thegathered sponge. Under al1circumstances, the contractor is to bear al1the
feeding, supply and accommodation expenses and other aspects related to the
sponge-gathering project.
Article 43
The sponge-gathering captain is to be surethat al1divers'and other seamen's
familiesare cared for during the sponge-gathering penod. If needed, the captain
is perrnitted to force the boat'sowner to pay aportion of the divers'or seamen's
salary to their families.
Article 44
If one of the seamen or diversdid not get onboard the boat after he had been
notified of its sailing date, the contractor has the right to breach the contract,
request what had been advanced and ask to be compensated for - if it could be
justified,458 CONTINENTAL SHELF
Article46
The seamanor divercannot beasked toperform ajob not within hisskillor not
includedin hisemployment contract unlesshehasbeen ordered to by thecaptain
because of extraordinary circumstances, or a danger threatening the boat, the
people on board or its cargo, the seamen or diver then will not be entitled for
extra pay for these works.
The crewon board of the boat isconsidered tobe united towards savingit and
themselves.
Article47
The seamen and divers are entitled for apaid rest period o24 hours for every
six working days. They are also entitled for a paid rest day on official holi-
days.
Ifthe need arises to askthem to work during the holidays they are entitled to
another rest day at a later time or they could be compensated for by double pay
forthe duration of the timeworkedduring thoseholidays. In this case,the diver's
salary is based upon the highest salary paid to a seaman.
Article48
Theport director isto settle any spongegatheringdisputes arisingbetween the
boat's captain, seamen or divers. If the director cannot settle the dispute ami-
cably, he is then to write a report and send it to the concerned court to take the
necessaryaction.The court willnot acceptany casesunlessthis measurehasbeen
taken.
CHAITER SIX
Accidents and Injuries
Article49
The contractor is to insure the livesof the searnen,divers and captain against
work accidents and resulting injuries. The boat will be granted a permit after a
letterpresentation by the SocialSecurityOrganization stating that thecontractor
has paid his insurance feesand that the insurance covers the present employees
as well as the new ones who are working during the same season. The Trans-
portation Office is to mark that on the permit.
Article50
At the end of the spongegathering season, the contractor is to have his divers,
seamenand captain inspected by the port'sdoctorafter their return to port to be
sure of their safety.If anyone isinjured or sick,thedoctor isto take the necessary
medical measures and inform the sponge gathenng office. Under al1circum-
stances, the doctor isto register his results in their register book.
Article51
Thecaptain and the contractor areto inform the spongegathering officeof al1
accidents or injuries occurring on board or to the boat itself in order for it to be
marked down in its register and permit. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 459
Article 52
The contractor is responsible for treating the captain, seamen and divers in
case of their illness or injuries and is to pay their wages under the following
conditions :
A. If the illness or injury is a result of the work, al1medical expenses are to be
paid by himduring the treatment period, but not to exceed 120 days. He isto
pay tfieir full wags during this period.
B. If the illnessor injury is not the result of work, but not done on purposeisr
not dueto carelessnesson the part of thepatient, then thecontractor is to pay
histreatment expensesfor a maximum period of 120 days ;yet,he isentitled
to be reimbursed for expenses that exceed an 80-day period. He also has to
pay the full wagesduring the treatment penod if it does not exceed80 days.
C. if the sicknessor injuryisa result of misbehaviour,drunkenness or isdone on
purpose, the contractor is to pay the treatment expenses, as long as the
patient is on board the boat ;but, he is not obliged to payhis wages during
ihat tirne.
D. Thediver'ssalaryin A and Baboveisbased upon the highestsalary paid to a
seaman.
E. Thecontractor thencould claimal1expensesto theinsurance Companywhich
will reimburse him according to the terms of their contract.
Article 53
An illness or injury is to be proven by testimony from the doctor of the port.
Those concerned could question the doctor's judgment by referring to the
comrnittee stated in Article 55.
Article 54
The port's doctor is to observe the patient's injury or illness through his
treatrnent period. The doctor is to prove whatever information or knowledge he
gets in writing on the patient's or injured's card and special register. In case of
death, the doctor is to write a report of its causes.
Article 55
The captain, seamen and divers could be prevented frorn carrying on their
responsibilities when the port's doctor proves that they are not physically fit.
Their permit would be cancelled.
They could question the doctor's judgment by presenting a petition to a
comrnittee to be formed by authorization from the health supervisor. The con-
tractor could also question the doctor'sjudgment, in front of the same cornmit-
tee, if he determines that they can work.
Article 56
If the seaman or diver dies as a result of hisaccident the boat's captain is
to carry the dead body to the nearest port where there isagovement authority.
The captain is ta present the authorities witha detailed report of the-causes
and conditions of the accident. Thepoliceauthorities haveto detain the boat and
itscrewand guard its machines until al1investigationsarecompleteand thecause
of death has been established.
The boat would be permitted to sail again after being granted a permission
from the Public Defence. Al1this has ta be done at utmost speed.460 CONTINENTAL SHELF
Article57
The contractor is to bear the bufial expenses of the boat's captain, one of its
seamen or divers if they die while on duty. If it is decided that an indemnity be
awarded to the family of the deceased, and the contractor does not pay it, the
Transportation Supervisorcould then withdraw the boat's permit. He willonly
regain itaftehe presenls an officiai acknowledgementfrom the heirs that-hehas
executed the indernnity requirements according to Article 49.
CHAPTERSEVEN
Crimesand Punishments
Article58
The contractor, captain, one of the diversor seamencould be sentecced to six
months' imprisonment and the payment ofa fine not exceeding 100Guineas, or
with either of the two if hedoes not abydanyof the clausesof this lawor the
published bulletin.
Article59
The sponge gathering equipment and the gathered sponge would be confis-
cated if the sponge gatherintmk place withouta permit in the LibyanTerri-
torial Waters. The confiscation ruling wuld also take place if the sponge gath-
ering took place in an area other than the one that had been authorized.
The court could stop theboat's permit for no morean sixmonths at the time
of aguiltyruling.The authorities wncernedcouldconfiscate theboat during that
time at the responsibility and expense of its owner.
Article 61
Whoeverpossesses,owns,selis,transfers,or dealsinanywaywithspongesthat
do not meet the requirements stated in Article 21,would be sentenced according
to the terms of Article 58 and the cargo confiscated.
Article62
The employees appointed by the Communication Supervisor have the legal
power to check for ail vioiations breaching this law and regulations.
Article63
The Ministerof National Econorny is to enforcethis law aftewo months of
its publication in the official paper.
IDRIS.
Issued at Dar El Yemen Palace on 9 Moharram, 1379 Hejreyah = 15July
1959.
Byorder of the King
Ragab Ben KATO, Abdel Meguid KAABAR,
Minister of National Economy. Prime Minister. DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 461
Royal Decree
Law arnending some niles of Law 12 of year 1959 regarding fishing for
sponge.
We Idris the First, King of United Kingdom of Libya,
After reviewing Article 64 in the Constitution, and Law 12 of year 1959
regarding fishing for sponge, and according to what is presented to us by the
Minister of Industry, and the approval of the Council of Ministers,
We issue the following :
ArticleOne
The expressions "Ministerof National Econorny" and "Ministry of National
Economy", whichappear within theparagraphs of Law 12ofyear 1959regarding
fishing for sponge, are to be replaced by the expression "Minister of Indus-
try".
ArticleTwo
The Minister of Industry istoenforce this Decree,and to be effectivefrornthe
date of its publication in the officiai paper.
IDRIS.
lssued in Al Beydaa on 8 Rabei El Awal,1382 Hejreyah = 8 August 1962.
By order of the King
Mohamed Osman El SEID,
Prime Minister.
Belkassem Al ELAKI,
Minister of Industry.
5. Sponge
A. Tripoli3 Legisl~~ion
Decision No. 1for the year 196- DecisionNo. 1for the year 196-
Restricted Areas in which sponge Restricted Areas in which sponge
could be gaiheredl, the Transporta- could be gathered', the Transporia-
tion Supervisor for the Province of tion Supervisor for the Province of
Tripoli (Tarablus Al Gharb) Tripoli (Tarablus Al Gharb)
after reviewing Article 1 of Law after reviewing Article 1 of Law
No. 12for the year 1959,with respect No. 12for theyear 1959,with respect
to sponge fishing, to the gathering of sponge and De-
It was decided Cree No. l for the year 1960 For
restricting thareas in which sponge
could be gathered, published in the
officia1newspaperdated 1May 1969.
It was decided
Tripoli'sofficia1newspaperNO.9, ' Tripoli'sofficialnewspaper,No5,
dated 1May 1961. dated 1May 1961.462 CONTINENTAL SHELF
Article 1 Article 1
The areas in which sponge fishing The areas in which spongegather-
rnaybe pennitted are situated along ing isermitted are along thecoastal
the Coastof the Provinceof Tripoli, stRp of the Province of Tripoli,as
as follows: follows:
1. Localspongers: Fromthe point of 1. Local spongers: from the Head
Ras Abi Kammash to the north- (Ras) Aghdeer al the dernarca-
east, between lodgitudes30°-22" tions of longitudes 30°-34O I-o1
east, and Afra Quarry which is east to Zliton Quay at the demar-
located at longitudes 17'-14" cation of longitudes 00-34"-14"
east. east and the water across.
Thisquarry isbetween Al Khums 2. Foreign spongers: foreign spon-
and Zlitan of the northern and gers are permitted to gather
eastem provinces. sponge inthe Provinceof Tripoli
2. Foreign spongers: Starting point from Head (Ras) Aghdeer. from
is fromAbi Kammash and along thesamedemarcationsmentioned
thesamedegreesmentioned inthe in the above paragraph, to the
aboveitem, and toend at the port area Westof Tripoli's port light-
of Tripoli between longitudes house i.e., in the dernarcatiofs
11'-13" east. longitude00-07°-130east and the
water across from it.
Article2 Article2
Thisdecisionwillbeeffectiveasof Thisdecisionwill beeffectiveas of
its published date in the officiai its published date in the official
newspaper. newspaper.
(Signed)Abdallah ALZIDAM.
Transportation Supervisor.
Transportation SupeMsor. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 463
Annex48
PAGES 41-4OF
THEBULLETI N EL'INSTITUTATIONAL SCIENTIFIQUE ET TECHNIQUE
DWANOGRAPHIE ET DES P~CHESALAMMB 19,1VOL.2,No. 1 CONTINENTAL SHELF
Annex 49
PAGE 2 OF
LIBYAN WORKING PAPER ON AGENDA ITEM6 FOR THEFORTHCOMI ANGI
KEGIONAL AIRNAVIGATION MEETIN GN TANZANIA FROM 20 NOVEMBER
THROUGH 13DECEMBE R979
3. TheSocialistPeople'sLibyan Arab Jamahiriya considersand willcontinue to
do sothecreationofhenew Malta FIR aid thedelineationoflat342"N
as aninterim measurewhichcannot attain permanent existence.The Socialist
People'sLibyan Arab Jamahiriya therefore,nits to the Sixth AFI RAN
. Meeting to consider amendment of PLAN as proposed herein.
4. TheSocialistPeople'sLibyanArab Jamahiriya,purely inthespirit of regional
CO-operationin the fieldof international air navigation, delegatedthe upper
airspace over itsterritory to Tunisia and Algeriaandilyas a gesture
of goodneighbourly relations which Jamahiriya continues to harbour for
them. Mendian 113E intersecting latit363"N on the western side of
TripoliFIRistherefore,thefirm,inalienableand inviolableairspacelirnitfor
Tripoli FIR basedsolelyonconsiderationsofinternational air navigation and
national territorial integrity.Anydiscussionor proposa1shortofthislirnit,the
Socialist People'sLibyan Arab Jamahiriya istrained to view as detri-
mental to the interoftinternational aviation and perpetuation of British
military strategy and interests which caused the creation of an intervening
new Malta FIR and which interests do not exist now.
5. On the western side of TripFIR, the Socialist People's Libyan Arab
Jamahiriya has plans for theestablishment of TMAsand CTRssupported by
modern ground aids at Nalut, Ghadames and Ghat airports with the opening
upof ATS route over, to and from these airports.
6. The Socialist People's Libyan Arab Jamahinya has already in operation
VORs and DMEs within Tripoli TMA at Zawia, Tripoli, and Abu-Argub.
Firm plans exist for the establishment of pnmary and secondary radars at
Tripoli Airport with serni-automated data exchange Linksin the very near
future. Establishment of extended lonVHFanto cover the western and
southern parts ofpoli FIR is also underway. Annex50
PAGES73. 79, 123, AND 140OF
MAHMOUS DEKLANEI,CONOMI T POPULATIONDU SUD TUNISIEN, PARIS,
DITI IODUSCENTR EATIONALDE LA RECHERCHE SCIENTIFIQUE,
1976
[Nor reproduced]
Annex 51
PAGE S9AND 156OF
TUNISIANSECRETARI OATSTATEFOR INFORMATIONTUNISIkAFISHINGPRO-
DUCTION ANDVALUEADDED1971-1975
[Nor reproduced]
Annex 52
PAGE250 OF
ANNUAIRE STATISTIQUE DE LA TUNI1974-1975,SERVIEUNISIEDESSTA-
TISTIQUETUNIS,1975
[Nor reproduced]
Annes 53
ANNEXVI11 OF MINIST~~ DU PLAN1972-1976. 1976
[Nor reproduced] CONTINENTAL SHELF
Annex 54
PolicyoftheUnitedStatesWithRespecttotheNaturalResourcesoftheSubsoiland
Sea Bed of the ContinentalShelf '
Whereasthe Government of the United States of Arnerica,aware of the long
range world-wide needfor new sourcesof petroleurn and other minerals, holds
the view that efforts to discover and make available new supplies of these
resources should be encouraged ;and
Whereasits cornpetent experts are of the opinion that such resources underlie
manyparts ofthecontinental shelfoff thecoastsof the United StatesofAmerica,
and that with modern technological progress their utilization is already prac-
ticable or will become so at an early date ;and
Whereusrecognizedjurisdiction over these resourcesisrequired in the interest
of their conservation and prudent utilization when and as developrnent is
undertaken ; and
Whereasit isthe viewof theGovernment of the United Statesthat the exercise
of jurisdiction over the natural resources of the subsoil and sea bed of the
continental shelf by the contiguous nation is reasonable and just, since the
effectiveness of measures to utilize or conserve these resources would becon-
tingent upon cooperation and protection from the shore, since the continental
shelfmay be regarded as an extension of the land-mass of the coastal nation and
thus naturally appurtenant toit, sincethese resourcesfrequently form a seaward
extension of apool or deposit lyingwithinthe terntory, and sinceself-protection
compelsthe coastal nation to keepclosewatch overactivitiesoff itsshoreswhch
are of the nature necessary for utilization of these resource;
Now, iherefore,I,Harv S. Truman,Presidentof the United States of Arnerica,
do hereby proclaim the followingpolicy of the United States of America with
respect to the natural resources of the subsoil and sea bed of the continental
shelf.
Having concern for the urgency of conserving and prudently utilizing its
natural resources, the Governrnent of the United States regards the natural
resourcesof the subsoiland seabed of thecontinenta1shelfbeneath the highseas
but contiguous to the coasts of the United States as appertaining to the United
States,subject to itsjurisdiction and control. In cases wherethecontinental shelf
extends to the shores of another State, or is shared with an adjacent Staie, the
boundary shall be determined by the United States and the State concerned in
accordance with equitable principles. ,Re character as high seas of the waters
above the continental shelf and the right to their free and unimpeded navigation
are in no.way thus affected.
In WirnessWhereol;1have hereunto set my hand and caused the seal of the
United States of America to be affixed.
SeeExecutive Order9633. inh. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 467
Done attheCityofWashingtonthis28th dayof Septemberi,ntheyearofOur
Lordnineteenhundredandforty-five,and of theIndependenceof theUnited
Statesof Amenca theone hundred and seventieth.
Hany S.TRUMAN.
By the Presiden:
Dean ACHESON,
Acting Secrelaof Sfole. CONTINENTAL SHELF
Annes 55
PAGES 151AND 152OF
INTERN AXONALLAw &PORTS, 1951.
"ABU DHABIARBITRATION"il511 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 469
addendum to something which has gone before. (1discuss an
alternative meaning suggested for it below.) But if it simply
means 'plus ',then the expression 'the whole of the lands
which belong t6 the rule of the Ruler ' cannot be read literally ;
for read literally that phrase would include in any case the
islandç,and probabIy the temtorid waters, and it would not be
necessary or sensible to rnake these items addenda. On this
meaning of 'and ',the ' land ' must be limited to the mainland
(no doubt not escliiding inland or landlocked waters in an
indentedcoast), IPTiat,on tliis basis, does the secondaddendum
rnean ? Viz. : 'tlie sea waters which belong to that area ' ?
Placing oneself in the year 1939 and banishing from one's mind
the subsequent emergence of the doctrine of the 'Shelf 'and
everything to do with the negotiations, 1diould have thought
this expression could only have been intended to mean the
temtorial maritime belt in the Persian Gulf, mhich is a three
mile belt ; together with its bed and siib-soil, since oilis not
won from salt water. In ~vliatother sense at that time could
sea waters be said to ' belong ' to a littoral power or ta the
' rule of the Rtiler '? In point of fact, that isthe meaning the
Claimant Company were asserting for the expression as late
,as March 1949, ten whole years after the contract (see letter
page 86~ of the Correspondence).
" Even if 'and 'had a different signification, not cumulative
but epexegetic : such as 'and mark you, in case you are in
doubt, 1 include in the " lands " the islands and sea waters
which belong to the area ', 1should stiUhold, in the absence of
what 1 have termed the two complicating factors, that the
Concession covered the sea-bed and subsoil of the temtorial
belt. Nothing less. The only question would be mhether it
covered more.
" CO~EC~U as~10leErilorinl waters srrbsoil. I therefore hold
or find that the subsoil of the territorial be1t is included in the
Concession. Neither the arnbiguity, ifany, ofthe w-ord 'and '
nor anv of the considerations dealt with hereafter affect this
conclusion. In particular 1 cannot accept the argument put
fonvard for the Respondent that sea waters are merely ' in-
cluded ' as a means of'access to dry land, whether mainIand or
insular. To read the word 'included ',in the Concession. as
meaning in the case of the rnainland and islands 'included as
petroliferous areas ' : and. to read it in relation to the ' sea
waters ' as ~mething totally difierent, namely, 'included as
means of access to the petroliferous areas ', seems to me
unjustifiable, if not perverse.
" 1 am not irnpressed by the argument that there was in
1939 no word for 'territorial waters ' in the language of Abu
Dhabi, or that the Sheikh was quite unfamiliar with that
conception. Jlr. Jourdain had none the less been talking
'prose ' aU his life because the fact was only brought to lus 470 CONTINENTALSHELF [152]
notice sornewhat late. Every State is owner and sovereign in
Case
Ho. 37 respect of its temtorid waters, their bed and subsoil, whether
Contd.the Ruler has read the workçof Bynkershoek or not. The
extent of the Ruler'sDominion cannot depend on his accom-
plishrnents as an international jurist.
" So faraffinnatively.. Negatively, (still leaving aside what
1 have calied the complicating factors) 1 should certainly in
1939 have read the expression ' the sea waters which be1ongto
that area' not only as including, but as limitd to, the ,terri-
torial belt and its subsoil. At that time neither contracting
party had ever heard of the doctrine of the Continental Shelf,
which as a iegal doctrine did not then exist. No thought of it
entered their heads. None such entered that of the most
sophisticated jurisconsult, let aione the ' understanding' per-
haps strong, but 'simple and unschooled ' of Trucial Sheikhs,
" Directed, as 1 apprehend 1 am, to apply a simple and
broad jurisprudence to the construction of this contract, it
seems 'to me that it would be a most artificial refinement to
read back into the contract the im lications of a doctrine not
mooted ta seven years later, and, i!the view which 1am about
to express is sound, not even today admitted to the canon of
internationai Law. How-ever,the time h's now corne to con-
sider the doctrine more narrowly.
" (d) The doctrine of theContinenfnlShclf, iitsubstanceand
hislory. The expression ' Continental Shelf 'was first used by
a geographer in 1898.1 The legal doctrine which later gathered
round this geagraphical tem was possibly foreshadowedwhen
in 1942England and Venezuela concluded a treaty about the
Gulf of Paria providing for spheres of influence in respect of
areas covered by the high seas and followedby certain annexa-
tions coincident with these spheres. The doctrine was perhaps
firstexplicitly asserted as a legaldoctrine (ina very exaggerated
fom) in a proclamation by the Argentine Republic in 19.44,
but its classical enunciation in the form in which it has mainly
to be considered in this case was the weli-known proclamation
by President Truman of 28th September, r~g.
" The substance of the doctrine then proclairned. as 1
understand it, was this : A coastal poxveris not surrounded,
even at low water, by a precipice leading verticaUy to the
bottom of the ocean, perhaps two miles below. As a nile the
sea-bed shelves very gently outwards and downwards for a
considerable distance, a distance generally (but not invariably)
exceeding the three mile temtoriai 1imit.Z Again. not always
1 Itmade a flcctiag appcaranceon the Istagein 191: but pa~sedover
it with'printltu lee'.
1 If1 speak of the three mile Iirnit and of the Territorial MBeltime
imorethan a thrtc mile ktt:,but abo801per centofthe merchantshi ping
in the warlisregisttred inthree mil" countnts; and ths il thewicfth of
temtoriai watenon the PersianGulf. DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 471
Annex 56
PAGE7 S7THROUGH79 OF
YEARBOO OF THEINTERNATIONL Aw COMMISSI O953,
VOL.11,UN DOCUMENT A/CN.4/6 1 COPJTlNENTALSHELF
plusieurs ligiies de 10 milles peuvent étre tracées. ou experts suivaiits se sont rCiinis a titre persanricl dans le
choisira la ligne enfermant dans la baie la superlicie Palais de In Paix A La Haye du 14au 16avril 1953 pour
d'eau la plus grande. examiner certaines questioiis d'ordre technique soulevees
pcndarit les discussions de la Comrnission:
Prolcsseur L. E. G. Asplund (DCpartenieiit dt Carto-
graphie, Stockholin) ;
L'article 10 a étémodiIiC comme suit : M. S. Whitteniorc Boggs (Spccial .4duiscr OGcography,
Dcparlnient of State, \Vashinglon [Tl ..1);
1. On peut tracer des .Lignesde base droites nentre M. P. R. Y. Couillault (ingeniciir en chefdu Service
plus de deux Ues situées A une distance de moins de central hydrographique. Paris) ;
5 milles ies unes des autres. Dans ce cas.ces Iles cons- Commander R. H. Kennedy. O.B.E., R.N. (Rtld.)
tituent un r groupe i. Les eaux renfermées par ces (Hydrographic Department, Adniiralty. Londres) accom-
Lignes de base dei\-eut Ctre considéréescomme taux pagnC de hl. R. C. Shawycr (Adminislrolivc Of/iccr.
intérieures. Admirïlty, Londres) ;
M. le vice-amiralA. S. Pink (rttrditC) [Muinc royale
2. Est reconnu comme cas spécial un groupe nCerlaiidaise, La
d'Ilci dans lequel ces lignes entre les Ues n ont pas
plus de 5 milles de longueur, sauf une pouvant atteindre Le ComitC d'=+perts fut présidépar le rapporteur
10 mitles de longueur au ce cas pourrait a~tcial. et le rapport fut rCdigl par M.CW. van Santen.
Ctre appelé une a baie fictive m. conseillerjuridique adjointdu MinistCrcroyal nterlandais
des affaires ttrïngtres, secrktaire du ComitC.
3. Une baie fictive de ce genre peut encore etre Un qucstionnairc dressC per le rapporteur spCclal lut
formCe par un chapelet d'îles en conjonction avec une soumis aux esperts. Les queriioiis ainsi que les rtpbnses
partie de la ligne cbtiére continentale, comme indiqué de' expert* Sont donntcs daris les pages suivantes.
dans l'article 5. paragraphe 5. n convient de remarquer que ces rtponses ont Ctt
formulCcs en tenant compte du poiril de vue technlqut
eten vue d'btre interpretkes tacllcnien~par lesnavigateurs.
Article 13
1
D?limilalion de la mtr territoriale de dcur Etab
1. Ls frontiére internationale entre deux Ebts ~CSUT~Conh partir de la laisse dc basse mer, quelle serat
dont les cabs sont situtes en tace Yune dc l'autre P. do" la ligne serait de prtlércnce adoptte commc
une distance de moins de 2 T milles (T .&tantla largeur '
de la mer territoriale) devraittte comme rlgle générale
la liene médiane dont chaaue oint est eouidistant
dcs-&nes de bass des Étab er; question. bute Ue
doit étre prise en lors de I'çtabliJsement 1. Sauf dans le5 cas où d'autres dlspa9itians seront
de cette ligne. A moins que les É~~~ adjacents pctvuts, la ligne de base. partir de laquelle est niesurle
aient ddcidé autrement *'un commun accord-. De In mer territoriale. devrait Ctre la laisse de basse mer
(longeant 1acbte) ainsi qu'elle se trouve indiquge sur les
méme. les londs affleurants A basse mer, iltues A -tes a pande Ccheltcen scrvice, reconnues ollicieiiernent
moins de T miIles d'un seul etat, devraient tire pris Dar l'etat cbticr. Si des cartes d4leilldt.s. indicruant la
en considération ; par contre. ceux situés A moins de iaht de basse mer, n'cxisteiit pas, c'est <alisné c&ti.?rc
T milles de l'un et l'autre Etat ne devraient pas entrer Oignede niuCe haute) qui devrait servir de ligdeedepart.
en ligne de conipte lors de I'établissemeot de la ligne 2, pas estillie y avait IlTu de
médiane. Il peut'toutefois y avoir des aisons Spéciales, wain,jre que I'ontissinri des dispositions arr6thes par la
teIles que des intçret?! de navigation OU de péche, ConlCrence de 1930. çonceriiant les indications soécialci
Ccartant la RontiPre de la Ligne médiane. La ligne en cette matibre. n; soit de nature P inciter tes ;ouver-
devrait Ctre tracir sur les cartes en service B grande ncments A dlplaccr les laisses de basse mer sur leurs
Cchelle,surtout lorsqu'une partie quelconque de I'éten- cartes de façon exsgéree.
due d'eau est étroite et relativement tortueuse. 3. Toutclois, le Coniitc a ajout6 In restriction qu'oit ne
ne de frontiére Atravers ]a mer territorialc devrait pas tenir compte des iochers ou lands affieurants
dCd&2hts - 1 pas niveau do ridudion dci sondes, choisi pour ia carte
-~-f--~-.-'--. a-----maniéte - doit ttre tr--ée selon (rMks awaShl'
Ieprincipe d'équidistance des lignes dec4te rcspectivei. 4. Si dei rochers ou londs. eouvrants et dCcouvrants.
La méthode la plus appropriée pour l'application se trouvent dans la mer territoriale. ils peiivent Ctre pris
de ce principe doit ttre Iixée par les États en cause, comme points de depart pour mcrurer ta mer territoriale.
de commun accord. pour chaque cas séparé, En pareil casilsformeront un saillant dans Ic trac4 de In
limite extlrieure de ta mer territoriale.
5. En ce qui concerne les bancs de corsus, on considé-
rera le rebordde ces bancs. Indlqut sur ces cartes, commc
la laisse de basse nitr pour tracer la liinitt de la mer
Rapport du Cornlü d'-%part. tcrritoridt.
iur certaines quaitloni d'ordre tochnlque
aoncarnant Ii mer tsrrltorlali
Se rendant P une invitation du priitesscur J. P. A. SI I'ori acccptr le a~-alCiiiede Iï lois~d? basse ntrr
Franrai.. rapportc'r spfcinl de le Ciiriiiiiissio~idu druilconimc rCglcgfiifrali. [ir~iirtr.tctr In liiiiiti, crttriuurc dl:
inlrrncti.~iiat pot.: le rtgit~ir de In nier tcrriiiiri~lc, Irsier terrilnri~li.. t.ittilii que d3ii~ Ics hiiivs unc ligne DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 473
,truiteb 1ravcrs IIbaie doit circoiiscrirc Ics c3us inle- U. 1.3 !(,I~;II<,I~de ws17;rnu.?
rieures i,<IUCIICsIant les abrervations d'ordrc technique C. 1.r.s ilcs, 1cs rocliirs, Ih;.:. .$e trouvant I moins
SUS ICI questions suivantts : de T iliilles clcv;itit la cdi(T7 iz.!igie I'dlendue de
mer territoriale).
A. La distinction entre une baie et toute autre tchan-
crure 7
B. L'ttablissemenl d'un rapport cntre la longueur
rnvtirnum (B milles) de la ligne drolte susmentionnte et 1. Le Cornit4 ttait d'avis que la longueur mnrirn~~
L'&tenduede la mu territoriale ? admissible pour une ligne de brse droite . (au sens
C. Les points entre lesquels tadite ligne drolle devrait tcchdque "slroighl bac-linc") de\-rait étre flxte d'aborg
Ctre tirte 7 Le ComitC s'est prononcC en faviur- d'une longum
maximum de 10 milies (voh explication pu. II. BL
D. LI direction h donner h cette Hgne, ou les poinb
entre Icsquels cette ligne dolt Clre tirtau caroh plusieun 2. Cu i ligncs de base apourraient étre tracCe* - SI
Hgnes de B milles peuvent €ire tractu ? drolt intcrnatlonal le permet formellement - entre
promontoire$ de la cbtt ou entre un promontoire et une
ne, poum qu'elle soit situCe h moins de 5 miiles dt ii
cbte, ou enfln entre des nes. poum que ces promontoira
ad. A. etlou ces iles ne soient pas s4parCs entre LUX par une
distance de plus de 10 mille%
1. Une baie est une baie fmidiquc lorsque sa superficie
est tgale ou suptrieureI la superficie du deml-cercle ayant 3. Le CoinitC a estlm4 que l'on pourrait tracer da
comme diamétre la ligne tirCe cntrc les points limitant .lignes de base droites n entrc plus de deux ne$ situtes 1
I'enttte de la bale. (Sont cxcepltes 125baies historiques, une dislance de moins de 5 milles les unes des autrea.
ainsi libelltes sur lei carles.) Dans ce cas, ces iles wnrtilueraient un i groupe a.Lw
taus renfermtes par ces lignes de base devraient Ctra
2. Si la baie a plus d'une entrtt -voir paragraphe B considçr4es comme eaux Lnttricuru
- le dtml-cercle devra Ctrc tract en prenant comme dia-
métre la somme dw ligncs fermant toutw ces entrta. 4. Le ComitC a reconnu comme cas spCcia1un a groupe i
d'fies dans ltqucl ces lignes entre les fies n'ont pas plui
3. Si des nes existent dans une baie, leurs superficies de 5 millesde longueursauf une pouvant atteindre
seront comprises dans la superficie totale de la baie. 10 milles de longueur au maximum. Ce us pourrait
Ctre appel& une tbaie fictiveS.
ad. B.
5. Une baic fictive de ce genre peut encore Ctre lorrnte
1. La ligne dtllmilant I'entrle d'une baie (au sens par un chapelet d'iles en conjonction avec une pvrtie de
juridique) ne devrait pas dCpasser 10 miUet en largeur la ligne cbtitre continentale. comme indiqud au psn-
(deux fois l'horizon visuel par un temps clair pour un graphe II. B.
observ;iteur situ& sur une passerelle P une hauteur de
5 métres). Dans les cas de grand marnage. la laisse de 6. Le Comitt ttait d'aoçord que les soi-disant rlignes
basse intr sera consid4rCe comme ligne cbtiCre pour cd- de base droites . ne devraient pas etre tracéw vers du
culer la ligne d'enlrle. fonds afflcurants (L basse mer ni h partir de ceux-ci. Ls
2. SI par suite de la prtscnec d'flts une baie comporte r8le de ces fonds alflturants 1 basse mer dans le tract di
plurieurs entrles, des lignes de dtmarcation peuvent Ltre la limite de la mer Lerritorlale a 416 dtvelopp4 au pua-
tracees lcrinant ces ouvertures, pourvu qu'aucune d'dlCS graphe 1, alinta 3.
ne dCpasse une longueur de 5 milles - sauf une pouvant
atteindre 10 millu.
9, comme règle gkntrale. le tract des lignes de hase ne
peut s'écarter de façon apprCciable de la direction gtn&
1. Au cas oh l'entrle d'une baie ne dtpasserail pas rale de la cbte. quclle sera I'ex4cution technique de CU
systéme ?
10 milles, la ligne intefauccr lcrrarum devrait constituer
la lime de démarcation cntrc les eaux inttrieures et la
mer -territoriale.
2. Ail casoùl'entrtc de la baie scraitdeplusde 10millcs. 1. Le Comilt ttait d'accord que dans plusieurs caa,
pour une cbte quelconque, il impossible dm~,&lir
il faudrait tracer la ligne de dCmarcatlon h I'intçrieur de direction generale de la cbte ,,el pris acte que
ta baie, II où elle n'e.tclderaltpas 10 millu. Si plusicurr en cc sens entrdne des qucsi~ons de
ligncs de 10 inilles peuvent Ctre tractes, on devrait choisIr ~.i~h~ll~de la emp~oger dans ce but la d&,.ision
la ligne enfermantdans ta baic la superficie d'eau la plna arbitrairesur l*ttcndue de la cc,teI utiljscr
grande. dans la recherche de la - direction gcntrde ..
ad. D. 2. Tenant complc de cette rtstrve. le Camitt a repondn
P la question IV en fixant talongueur maximum de toute
Devenue supernue P cause de la r4ponre P la question C. ligne de base droite m.1 10 milles.
3. Dans des cas cxccptionnels. lorsque le droit inlerna-
tional le permet spécinlcmcnt, on pe~t admettre de lracw
Si la laisse de basse mer peut Ctre remplac4c par des des lignes plus longues sur une cble donnée. Toutefois.
aucun point desdiles lignes ne devrait etre situl 1 plu9
ligncs de base droites. aystCme reconnu pu la Cour de 5 milles de la cbte.
internationale de Justice dans l'affairedes p€cheries
onglo-tiorv6gicnne. quelles seront les questions d'ordre 4. Le ComitC a rsiirné du point de vue technique qu'en
technique qui pourront surgir conccrnant : principe Ic recours aux mligncs de base droite Bdevrait
A. Le choix dcs points cntrc lesquels ces lignes doivent ttrc tvilC, esccptl comme prCvu au paragraphe II pour
la limite d'une baie. Ces li~ncs. en elftt, Ctendenl de
étrc tirtu ? 474 CONTINENTALSHELF [791
maniére injustifiée la superficie des eaux intCrieures. el des Inlerets de n~vigation ou de plche, Ccartant la ftori-
reportent par trop vers le large la lirnitc esifrieurede la tiCre de la tignc mldianc.La lignc devrait ttre lracee sur
mer territoriale. les cartes an serviceA grande Cche!la, siirtout iorrqu'uiie
partie quelconque de I'ltendue d'eau est Ctroite et rtle-
5. Danr les cas où les c lignes de base droites * sont tivcmtnl torlueusc.
permises, I'Etat cdtitr sera tenu de publier le trace adoptC
d'une maniere surlisante.
6. Le CornitC est opposC d I'CCabliss~menl de toute
liaisan entre la longueur des . ligne5 de base droiles . c! Comment faut-il dktermincr la dbiimitalion des mers
I'dtcndue de la mer territoriale. lerritorialtsde dtux États adjacenl. 7 Est-ce que cela
peut se taire par :
A. Le prolongemerit de la fronlilrcde trrrc ?
Comment taut-ü fixer la llmite exttricure de la mer B. Une ligne perpendiculaire h la c8te P.l'endroit ou la
territoriale.lonquc celle-ci aurait une largeur dT millts 7 lrontilreentre les deux territoiresatteint la mer 7
C. Le tract d'une lignc perpmdiculaire partant du
point mentlonnC mus B suivant la direction gtntrsle de
La limite exttricure de la mer territorialeest constitut~ la ligne decblc 7
par La ligne dont tous les poInts.rrintC une distance dc D. Une ligne mtdianc 7 Si oui. camnient taut-Il tracer
T milles du point le plus proche dela ligne de base. Cette cette ligne ?
Ugnc es1 lorrnte par une strie continuelle d'arts de cercle
qui s'entrecoupent, et qui son1 lracts avec un rayon de Dans quelle mesure faut-il tenir compte de la prtsence
T milles. ayant leurs centres tous les points dela ligne des tles, des s&chcs. ainsi que des chenaux navigables 7
de baae.'La limite extCrIeure de la mer territoriale rat
composte des PT= de cercle les plus avancts dans la mer.
(Cette mmtthode P dCjh CtC utilisleavant 1930. mais les 1. AprCs une discussion approloiidle le ComltCa dtclaré
dtflnitions donnCts parfols comme 4 enveloppe des arcs que la frontiCre (IatCrde) entre les mers tcrrilorialtres-
de cercle B.puraissent Ctre lrtquemrnenl mal comprises.) pecllves de deux Etats adjacents, II où elle n'npas dCjb
Ctt lixCt d'une autre manitre. devrait ttre tracte selon le
principe d'Cquidlstance de In cbtt de part et d'nulre de
I'iboull$scmcnt de In Irontltre.
Comment faut-U dtterminer la frontilre intemationde
entre deux pays dont les cbtea se trouvent vis-&-vis l'une a. Dans certains cas. cette mCthods ne permettra pas
de t'autreI une distance de moins de 2 T millu P d'aboutir A une solution tquitablc. laquelle devra alors
Ctrtrechttcbb dans des nCgociations.
La frontitre cnUe deux Etatr dont lescblea wnt situtes Obwrvation sjr Y1 cl VI1
ai>&c l'une dcI'autre # une distance de molni de 2 T
milles deutalt Ctrc comme r*g!e gtnlrale la ligne mldiane C~mitC s'est efforct de trouver des lormules pour
dont chawe point est tquldlrtant des deux &tes. Toutc 1raCer les frontilres InternatiOnaledans les mers ttrrito-
Oedoil Ctre prix en considCratlon lors dél'ttablissernent rIbJe~qui ~0~rrBient en msm~ temps scrvlr pour déliinitrr
dc cette Hgne. 1 moins que les États adfacents n'en aient leslmntibrts rcspectives de aplateau continental:r wncer-
dLcidC autremen1 d'un uimmua accord. De meme, les ""t Etats devant les dtes dtspuel~er s'ttend cc
plateau.
fonda aiIieurarits & basse mer. altuCs h rnolns de T milles
d'un seul État. devralent dtr;pris en wnsldCration ; par
contre, les fonds de ce genrequi nt sont par fournis B une Obseroalion giniralc
aouverainetC dttermlnte et qui se trouvent 1 moins de
T milles de l'un et l'autre âtatne devraient pas entrer en Le Comitt tlent * wuligncr que le tract des limites
lignede compte lors de I'ttablissernent de la ligne mddiane. extCrieures de toute *zone coiitiguE . devra sebaser sur
n peut toutefois avoir des ralsonr spCcialcs. telles que la meme lignc que Celui des limiter de la mer GcrritorBlr. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 475
Annex57
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VOL.11UN DOCUMENT A/CN.4/77 CONTINENTAL SHELF
Coriinicniairc La méthode. suivant laquclle ce principe sera appli-
qué. fera. dans chaque cas spécial. l'objet d'un
Le rapporteur spGcial a crnpninti cet article à cclui accord entre les parties,
de la Sous-Commission II de la Codércnce de 1930;
mais, pour tenir compte des obscrvationr du ComiiC Commcnfa~te
d'experts rdatives l'expression isuivant la direction
gfin&alc dc la cbtw (vou le paragraphe 2 du cornmen- 1) ~~rif~~~,d,e ~~1930 pas donne de rtgle
taireI I'ariicle 6). il a rcmpké les termes critiqu6 relative à ce
par de cap en cap B [inter fouces icrrarurn). qui Etrc résolu de plus;cun
rnanibm.
2) En premier lieu, on pourrait envisager lc prolob
Article 16 gcmcnt vers le larm de la frontitre de terre iusau'h
?extr~me limite dcia mer territoriale. Cette ligir;';
DiIimiiaiion de la mer iern'ioriah susetpiible d'êtreutilisée que sila frontière terrestre
de deux Eidr doni atteint la côte sous un angle droit; si l'angle est aim
en face Punr de ï'autre elle devra Ctrc écart&.
1. LI frontièra internationale entre deux Etart 3) Une deuxitme solution xrait dc tirer une ligne
dont lei cbtn sont situées en face l'une de l'autre i perpendiculairement h la côtc au point où la frontitrt
une distance de moins de 2 T milles (T étant Ir terrestre atteint la mer. Cetic rnithode est critiqurilc
largeur de la mer territoriale)est. en règle génhrale, la côte présente une courbe dans Ic voisinage du point
la ligne médiane dont chaque point est équidistant où la fronti6re terrestre touche la mer. Dans ce cas, cctk
des lignes de base des Etatr en question. Toute île ligne perpendiculaire pourrait rencontrer la coteA up
sera prise en considération Ion de l'établissement autre point.
de cette ligne,I moins que les Etah adjacents n'en
4) Unc iroisitmc solution cooristcraith tirer la ligne
aient décidé autrement d'un commun accord, De perpendiculairement à la direction géntrale de la côte.
même. les fonds affleurants I bassa nier. situés L L'adoption de cctte lignc a itt rccommandée criire
moins de T milles d'un seul Etat. seront pris en autres par lc Gouvernement belse dans sa rtponsc i ]p
considération: par contre. ceux situls I moins de lettre circulaire du SccrCiairc général en date du
f milles di I'un et t'autre Etat n'entreront pas en 13 novembre 1952 (A/CN.4/71). Le Gauvcrncme~
ligna de compte lors de l'établissement de la ligne norvégien a aitiré l'attention sur la sentence arbitrale
médiane. du 23 octobre 1909 entre la Nowèst et la Sddc, dont
2. Exceptionnellement. les intérêtsde navigation l'exposédes motifs contient la phrase suivante : r Lc
ou de pêchepourront justifier un autre tracé de ta partage doit êtrefail en traçant une ligne pcrpendicw
frontière. i fixer d'un commun accord entre les par- lairemcnt à la dircction ginCrale dc la côwe(A/CN,4/
ties intéressées. 71).Lc Gouvcmcment suédoisscréfére à la mEmcdM
3. La ligne sera tracée sur les carter en service sion (A/CN.4/7 1/Add.Z).
i grande échelle, 5) Lc Comitéd'experis n'a pas cm devoir u rallict
à cette méthodede diterminaiion de la frontière. Ilétait
d'avis qu'il serait souvent impossible d'établir une
direction gCnCralede la côteD; le résultat dfpcnd &
I'échelltde la carte à employcr dans ce but ci &
1) ta CorifCrcnce pour la codification du droit
international de 1930 ne s'était pas occupée de ccne l'étendue de la côtc à utiliser dans la richcrchci.
qucstion. Le rapporteur spécial a cmpmoti cet article Puisque, par consiqucnt. la miihodc de la ligne tirk
au rapport du Comité d'experts. La solution domée perpendiculairement à la dircction gtnSralc de la car
semble Eire ccUe qui, jusqu'h présent, a étéacccptée manque de précision juridique, la meilleure +olutioi
pour dilimiter la frontière cnlre deux Eiats dont les semble itrc celle de la ligne médiane, par k
côtes sont situéesen face i'unt de l'autreune distance Comiti d'experts, et que Ic rapporteur spéciala lairc
de moins de 2 T milles (voir la réponsedu Gouvcme- sicnne. Cette ligne dcvraii êtretracée selon Ic princi~
ment danois, A/CN.4/71, p. 10; du Gouvemerncnt d'tquidistaocede la côte de pan et d'autre de l'abouti*
ntcrlandais, ibid.; du Gouvernement suédois,A/CN.4/ sement de la frontière (voir la réponse du Goubcrn:.
71/Add. 1). ment français. A/CN.4/71/Add.2). En utilisant cca
méthode,la ligne dc frontière coïncidera, s'ils'agi1d'uM
2) La Commission du droit international s'est déjà côtc droite, avec la ligne tiréeperpendiculairemeni Ir
ralliéeàl'application d'unsysièmc analogue pour la fixa-
tion de la fronti8re sur un plaieau conlinental contig côte à l'endroit où la frontiére terrestre aitcint la mcf.
. au icrritoire de deux Eiais situésI'un cn face de l'autre.toutefois il s'agit d'c6te courbéeou irr5gulitrc.
lige ticnt compte du tracédc la côte tout en Lviinni19
difficultésdu problème de la sdirection gl:nsraldc
Article 17 côte B.
Délimitation de mer ierriiorinb CHAPITRE III
de deux Eiair odjacenlo
DROIT DE P.%CS\CE
b ligne de frontière i travers la mcr territoriale
de dcux Etati adjacents, li où elle n'a pas encore 6th (Voir A/CY.4/61, art. 14 à 23. Le nurn6rot3fc
fixée d'une autre manière. sera tracée selon le prin- ariiclcs periincnts dcvra Ctrc meifié pour lesml!!:.'
cipe d'équidistance des lignes de cDte rerpectires. ta suite dc ceux proposCs au p:ércnt rrippon.) DOCUMENTARY ANNEXES iO COUNTER-MEMORIAL
Annex58
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VOL.1UN DOCUMENTA/CN.4/97 DOCUMENTARY ANNEXES
ment UL~, C.E.,ciakcs rriibeddcd in the sca-floor".j' tion on this subject. and proposcd to rcfcr to it nt a later
ln the report on the work of iirr fihh ession, *e Com- date.
nisaion staics: 44. 'ihesame qucstion had alrcady bren rai& by the
"The Commission. however. came to the conclusion United Kingdom Covcrnineni in its cnmmenis on the
provisional articles concerning the rkgirnc of ihe ierrita
that the products of sedentary fisherics, in particular
to the cxtcnt that they were natural resourcu permi. rial sca as adopied by the Comniission,at its sixth scssion.
nrnily aitachcd to the bed of the xi, should not be Her Majesty's Governmcnt stated the following:
ouisi& the xopc of the régime adoptcd and that this "The musurement of the territorial ses from base
aim could bc achicved by using the term 'natural lin- has, even where juatifitd. two main conscquencm
rtmurcn'. It is clearly undtrsiood, however. that the
as compared with the mcasuremtnt of the territorial sti
rights in question do not cover so.called botiom-fiah from the low-watcr mark. The first is that the interad
and other fish which, although living in the sea, waters of the coastal State arc extcndtd. ln other tiordi,
occasionally havc thcir habitat ai the bottom of the sci acre ii a greaier arca of water frorn which it may bc
or arc brcd thtre!' aryed that, in principle. undtr present rulcr, the
41. It follows frorn the abovc that the producb of coastal State rnay exclude foreign chipping. The second
'ishcrics rpgardcd as scdentary fisherics bccaux of the conequence is that, though the actual area of tcrriiorid
:quipmcnt used arc not includcd in the expression " natu- waters is not incrrascd - the bclt of territorial iratera
.d resourccs" and that such fishcries do noi fall within rrmains a threc.miIc bcli whcthcr it ic rneasurcd from
he scopc of draft article 2.The cquipment used, even if the loiv-irriter mark or from blse lines -. ihe outu
t is crnhdded in the xa-noor. is not dcvoted io the lirnit of tcrritoria1 waters ia pushtd furthcroui ta xi
:xploration or cxploi!ation of the natural rcsources of the than would oiherwise bethe case. In othcr words, the
:ontinenta1 shclf. There ii conscqucntiy no provision in iotai area of hiah seas is rtducrd. In these cirrurn-
hc Commission's last draft conccrning fisherics of this stanca, Her hlajcsty's Govcrnmcnt rrEnrd it as itnprri
iature. tive. in any ncw code which kould render Ipgitimatc
42 The Rapporteur suggcsb that the original article the ur of base lines in proper circunirtanccs, il should
be clearly stated lhat the right of innocent paszagc shill
I concerning xduitary filrheries shouldbe rcintroduced not be prejudiccd thereby, even thoueh this may involve
n the chaptcr dealing with fishtries, subjcct to in txprtu
brccption with regard to naiural rcsourcw perrnanently that. in ccrfain cascrr,this right shatl kcome excrcisabk
ittachcd to the bedof the sta. The article would thus be through intcrnal as wcll as through territorial waters.
vordcd as follows: Her Majesty's Covcrnmcni concider ihat the Corn.
mission would be perforrning a most u:eful function if
"1. The rcgulation of sedentary fiahcrics may be it werc to give mature considcralion Io the problcm
undertakcn by a Statc in areas of the high scas con- how the use of base lin- is io be reconcilcd witb
tiguoui to ib territorial waters. wherc such fiahtri- cxirting rights of passage. Fur thcir pari, Her 3lajesty'i
havc lon~ bcen rnaintaincd and conducted by nationals
of that Statc, provided that non-nationals are permittcd Governmcnt can only say at ihia stage that. in thcir
to participate in the fishing aciivitie~ on an cqud vitw, in rase of conflict, ihc riyht of pazsagc, as a prior
footing wiih nationals. right and the righi of the international cominunity,
mutt preveil over any alleged claim of individual coactal
" 2. Ric provisions of the prcccding paragraph shall States to cxtend the areas rubjcct IO their esclusivc
not apply to fiahcrics on the high scas over the con- jurisdiction."1'
tinentallrhrlf, where the producli arc naturd resourcu
pcrmancnily attachcd to the brd 01 the sea. These 45. At the Cornmi~cioo's 25'9th mee!ing, Sir Gerald
Fitrrnauricc again raiscd lhis question. He rccalled the
fichcries rhall bc govcrned by the provisions of article follouing:
2. subject to ihc provico that the cxisiing righb of
natirrials of other States musi bc resptctcd." " ... ihat al the sisth ~ession >Ir. Lauierpacht had
introduced a propocal conccrning the right of paccagc
in intcrnal waters; a proposal which hc had rubw-
iTl. Points on which discussion was deferred qurntly wiîhdratin whilc rt:erving the right to rein.
at the seventh session trotiuce it.He (Sir Cerald Firrrnaurice) naw tsi'had
to propor the insertion of i sirnilar article, nhich
could acll find its place aftcr article 21, and which
i. RIGH TP P.tS5ACEPi W.tTERSWHICHBECOYE IPiTERYAL
VATERSKHEN THE STMICHTBASE-LtX SISTEM IS APPLIED would iead a5 follows:
"'The principle of the fiecdorn of innoeent pacsage
43. At the eeventh sc';sion,the question Prose whether govrrning the tcrriiorial sca shall a150 apply 10 are-
n wsicrs which becomc intcrnal u*itcrs whcn the siraight cncloxd bcti\-ecn the coa51linc and the siraight bau
iaw.Iine systcm is applied the righi of passage zhnuld
iot be graiitcd in the Fame way a9 in thc territorial sea. linc draun in accordance ~ith article 5.'
"The judgtnirnt of thc International Court of lustict
The Cornmi=ion did not fcel callcd upon to tahe a dtci. rcndercd on 10 Drccmber 1951 in the Fisheric. Ca-
hetwccn the Ciiiicd Kingdom and Nortiay had recog-
1. Olticid Rrcoidr of ihe Cenerd A~sernbll;Sirrh Srr~ion. nized the right of a country soch as Sori>ay, lht cors1
:upyilrnirSo. 9,înnci. Pin II, iriirlc 3.firs; parifripaf
emmrnr.
" Ihid., Eishih Selsion, Sippletnen~Nopiri.70. $1 Ibid., Tcnr5c~~ioiiSupplimrnt Ko. 9, pp. $344. CONTINENTALSHELF
Annex 59
PAGE103OF
~E~~RBOOKOF THINTERNATION LAL COMMISSIO 1956,
VOL.1,UN DOCUMENTA/CN.~/SER.A /954 II031 DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 481
afiicte7, paragraph 1, of the drah articles on the adopted al the Commission's fifth sessionfor the delj-
mitation of the continental shelf. The article should
continental shcif adopted al its,ftfth session. accordinglybe redrahed on the lines of article 7, para-
16. Mr. ZOUREKcould not agree with that approach.
Thex was no doubt that the question was one of graph 2, relating to the continental shelf 7 and the
lex ferenda, as there was no law in force to cover phrase "in the absence of agreement htween those
the matters dcalt with in those paragraphs. Hc saw States or unless ano? boundary Lineis justified by
no rcason for imposing on States a single method for spcid circumstances added.
delimiting their mantirne frontiers, pa,+ularly as 21. The question of arbitration could provisionally be
left open.
the possible situations were so diverse that no single
method sufîïced to cover thern dl. The article before 22. M~.SCELLE djd agree the special R~~-
the cases porteur'sproposal that the questionof arbitration should
where Statesdid not have thesame breadth of territorial for the tirne hing be left open. ~ i f f ~ ~ ~ ~cou~ld~
sea. as it would not be realistic to expect agreement well arise fonceming the delimitation of the
on a uniform breadth for the territorial sea. The most krritorial of adjacent states, particularly if a
thal could bedonc was to retain the SpecialRappor- *ird interests were affected.
tcur's draft article as a subsidiary rule and to say that
the principle of equidistance applied to cases where 23, Mr. FRANÇOIS, Special Rapporteur, ~plied that
the requirements of shipping, the configuration of there was no question of a third party as the Commis-
the coastline or the interests of the States involved didsion was dealing wirh the delimitation of the territorial
no1cal1for the application of another method. He also sea between two States ody.
thought that if article 16 were replaced by paragraph 1
of 7 on the sj,elf, iwou~,j be tao 24. Mr. SCELLE ~oinled out that as 10% as no fkd
rigid and would have little hope of being adopted by uniform breadth had been agreed for the territorial
States. sea, two States, the coasts of which were separated
by twenty miles, could adopt territorial waters twelve
17. The CHAIRMAN pointed out that the adoption and eight miles in breadth, respectively. In that case,
of article 7, paragraph 1,on the continental shelf as they would eliminate the hi& seas completely and a
a basis for article16 stiii left States a certain marginthird State wouldbeentitled to protest.
for agreement as it stated expressl: "... the absence
of agreement between those States or unless another 25. Mr. FRANç01S '3ecial Rapporteur1mid that the
boundary is justified by special circurnstanc... " case referred to by Mr. Scellewould not arise if agree-
ment was reached on a uniforrn breadth.
18. He put to the vote the proposal that pa.ragraphs1
and 2 ofarticle 16 as drafted by the special R~~~~~~~~ 26. Mr. PAL said that in certain cases the territorial
should be replaced by an article drafted on the lines the coastline, and suggested that the word "coast-om
of article7, paragraph 1, Telating to the continental
shelf as contained in the commissionts report on the lines'' at the end of the first sentence of the article
régimeof the high seas.5 should be replaced by the words "base lines ".
The propos01 war adoptcd by 4 vote3 to I, with 8 27: He also suggested that the last sentence of the
absicntiom. article beginning with die words "The methods
whereby ..." should be entirely deleted.
Puragraph3 was adopred by IOvotes to &one. with
3 absientionr. 28. Mr. FRANÇOIS, Special Rapporteur, recalled that
Ar,icle 16 a a aF adopted by he had already withdrawn his draft of article 17 in
6 votes io I,with 6 abs/enriom. favour of article 7, paragraph 2, on the continental
shelf, which referred to base lines.
19. Mr. ZOUREK said he bad voted against article16
for the reasons he had given during the discussion. 29. Mr. SCELLE hoped that a general arbitration clause
would be inscrted in the draft regulation to cover al1
possible disputes.
Article 17: Delimirationof rhe territorialsea 30. The CHAIRMANput to the vote article 17 formu-
of iwo adjacent Siaies (A/CN.4/77)* lated, in principle, by analogy with article 7, para-
20. Mr. FRANÇOIS, Special Rapporteur, said that for
article17 he now proposed the same method as that graph 2, of the draft articles on the continental shelf
adopted by the Commission at its fifth ~ession.~
The article, Io be redrajfed on these liner, wm
Videsupra. para2 andfootnote3. adopred in principle by 9 votes ro 1, wit3 absienriom.
'Mclc 17 rtad as followr :
" Excepl whlhclrcadyotbcrwixdcicrmiocd the boundary 31. said he had againsi the
Linclhrough the temtonarcsofIWO adjacentStates bc adoption of article 17, for the same reasons as he had
drawn accordingto the principle of quidisiance frorn tgiven with regard to article 16.
to bc apptitd shal+es.agrd rnupondbetwtenbthe partiesiple is
concerncd icach spccific use." Vide supru, footnotc 3. CONTINENTALSHELF
Annex60
PAGES257,25AND 300OF
YEARBOO OF THEINTERNATION LAw COMMISSIO N956,
VOL.II,UNDOCUMENT A/3159 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 48 3
Nod boscline long toa iingle State. shbtlconsidered internai watcm
if the line drawn acroas the mouth dm noi txcced
fifteen mila meaaured from the low.witer hne.
Subjtct to he provisions or articl5 and to thepro. 3. When the mouth of a bay exda fifteen milsa,
vinions regarding baya and islaads,the breadth of the a dming line of iuch lmgth shallk drrwn within the
territorial ma inmcasurtd from the low-water linc along bay. When different lines of auch leu& can bedriwn
thecoiai,as marked on Iarge-smle charb officially recog- thatline ihall be chosen which enclosesthemaximum
nimi by tbt co~td Statc. watcr area withinthé bay.
4. Tbe foregoing provisions shall not apply to no-
calle" histori''bays or in any casni where the straight
basclinc ayskm provided for in article 5 is applied.
1. mre circurnaianees nceessitatt a special régirne
becsuse the cobst iadatply indented or cut into or be-
cruse tfierc are islands in it. immediate vicinity. the
baseline may bc independent of the low-wakr mark. In
For the purpose of delimiting the territorial ma, the
these cwa, the method of itraight baselines joining ap outemost permanent harbour works which form in
propriate pointe rnaybe employcd. The drawing of such integral part of the harbour system shallbe regarded
baxlinm mus1not depart to any apprcciable extent from as forming part of the coaat.
the general direction of the coast, and the sea areas lying
within the lin- must be sufficiently cloaclylinkedthe
land domiin to bc subjcct to the régirnt of internal
waters. Account mav neverthekss bc taken. where nece.
M~P of economic interuts peculiar to a region, the
Roadsteads which are normally und for the loading,
realrty and importance of which are clearly evidenccd unloading and anchoring of ships, and which would
by a long usage. Basclinesshall not bedrawn to und from olfierwisbe situated wholly or psdy outside the outer
drying rocks and drying ahoals. limit of the territorial iea, are includcd in the territorial
2. The coastal Stak shall give due publicity to the
atraight baselinca drawn by it. sea. The coastal Ststt must givc dut ~ublicity to the
limits of such roadstesds.
3. Whert the establishment of a straight bsseline
iiaIhsteIftct of eaclosing as internal waternare- which
previoualy had been considered as part of the territorial
sta or of the high seas, a right of innocent passage, as
dcfined in articl15,through those waters shall be rtcog. Evtry island has ib own territorial nea. An ialand
nucd by thc coastal Stak in al1 those cases where the is an area of land, surrounded by water, whichin normal
waters have normally been ud for international traffic.circumstanm is pcrmanently abovc high-water mark.
Ou&r ümd 01 rht&rritoriaIrca Drying rocks and drying rbdr
Artick 6 ArticleII
The outer bit of the territorisea is the line every Drying rocks and drying ahoals which are wholly or
point of which is ut a distance from the ncarcst point
partly within the territorial sea, as rneasured from the
of thebaseline wual to the breadth of the territorsea. mainland or an island, may be taken as poinb of de-
partun for mensuringthe extension of the territorial sca.
Baya
Dcümi&on oJ the territorial inastrnitr anO)!
Artick 7 orher oppsite cousa
1. For Lhepurpoats of thestarticlesa bey is a wcll- Artick 12
marked indentation whose pcnctration is in such pro-
portion to the width of its mouth as ta contain land- 1. The boundary of the territorial nta between two
Iockcd waters and constitutt more than a mere curvature States, the coash of which arc opposite eiich other at a
of the coask. An indentaiioni ha\\noi, however,be re- distaneclem than the extent ofthehl& of territorial
garded as a bay unlcss its area is as large as, or largcriea adjacent to the two coasb,ahailbe fied by agree-
than, that of the semicircle drswn on the mouth of that ment between those States.Failing such agreement and
indentation.If a bay has more than ohe mouth, this unless another boundary line is justifiby spial cir.
acmi-eircle shaUbe drawn on a line as long M thesum corntances, theboundary is the mcdisn line every point
of which isquidistant from the nearest points on the
total of the length the different mouths. Islands within
a bey shailbt includcd as if they werc part of the water baselines from which the breadths of the territorceas
area of the bay. of the two Statesart measured.
2. Tbe waters wirhi n bay, iliccoaatsof which be- 2. If the distance Iniween the two States exds the 484 CONTINENTAL SHELF [2581
a-t of the wo bclts of territoriun, the watttcralying or ue rendtred n-ry by iorct majeure or b
bem=n thc two Mta hall fom part of ht high mas. distrtsa.
Neverthclw, if, an r consequenec of thiiddhitation, 5. Subrnarints are required to navigati on the iui
,, etcl of hc sts not more han iw~ milm in breodih fm.
ihould be entirely mclomd withkithe territorial =a, that
uea -y, by agreement betwacn tfi coamtalStatu, be
d d to be part of the ttrritorial sea.
3. The fint ïtntencc of the prectding paragrap4hali
bc applidle 10cases wbere both coasts bclong to one 1. The coantal State must not hamper innocent pas
and ihe me coaatalStstc. If, asa corucqucnce of this sage througb Lhe territorial Ma. It ii requircd to us
deümitation, sn arcs of the hca not mort than two miles the means at itadisposa1 to etuurc respect for innocen
in brcadth should be entirely .tnclosed within the ter- pasaage through the territorialsca and muat not allov
ritorial ua. that ana may bc dcclared by the coaatal the maidam to be used for acb contrary to theright!
Stite 10 form part of its ttmtonal=a. of other States.
4. The hc of dmarcation 8haIlbc marked on the 2. The coastal State in required to give due publicit]
officidly rtcognucd large-de charts. to any dangers to navigation ofwhich it ha8 knowledge
Dcümir<rrion O/the territorisea aithe mourh O/ a river Righrs of protectionofthe coarlolSW
1. If a tivcr flows directly into the =a, the territorial 1. The coastal State may take the ncccssary step
=a shall be measured from a line drawn inter jauccs in its territorial sen to pritdft against any act preju
tcrrarum acrosathe mouth of the river. di-ial to its security or to such other of its intea!
2. If lbc river flow into an tstuary the coasts of it 5a authorized to proiset under the present rulea anc
which belong to a single Stste, artic7 shallspply. other mlcs of international law.
Delimitasionof ihe krrirod sea of iwa adjarcd Stuh 2. In the cm of &ips proceeding to internal waters
the coastaI Stateihall also have tbe right to take the
neoeruary ateps to prevent any breach othe conditions
to which the admission of those ships to thone waters
1. The boundary of the territoriasea betwoen two iaiubject.
adjacent Statm shdl be determincd by agrament be-
twcen hem. In the abwnm of such agreement, and un- 3. The coastal S~ate may suspend temporarily in
less anohor boundar~ line is justified by sp~ial circum- definite artas of ita territorial sea the exercise of the
right of passage if it should deem such suspension men.
stances, the boundary is drawn by application af the tial for the protection of the righta referred Ioin para.
principle ofquidistance from the nearest poinison the graph 1. Should it take iuch action, it is bound to give
baseLne from which thebreadth of the territorial ica of due publiçity to the suspension.
cach countty k rneasured. A There must be no suspension of the innocent pas-
2. The boundary line shall bemarked on the olficially
rccognizcd large-scale charts. sage of foreign ships through straib norrnally used for
international navigatiobctwaen two parts of the high
Foreign ahips tsercising the righi of passage shail
comply with the Iiwa and regulations enactcd by the
1. Subject to the provisions of the pnsent rults, ships coaslal $&te in conformity witb the prmt rula and
of dl Sta~ 6haU enjoy the right of innocent passage other ml- of international Iaw and, in particular, with
through th territorial wa. the lawa and regulalions rclating to Lranspoand navi-
gation.
2. Pimage meana navigation through the territorial
seafor the purpose eithcr of traversing thet ses withour
cntering internal waters, or of proaeding to internal Sub-acctionB. Mtrchant ahip
watus. or of making for the high acarrfrom intemal Churger <o bc hied upon foreign ships
waters.
Ar&& 19
3. Passage in innocentio long asthe ihip doa, mot
uatihe territorial sea for comittinany acta prejudicial 1. No charge may bc lened upon foreign ship by
to the stcurity of the coastal State or contrary to the reason only of their passage through the territorial sea.
prmt des, or to oiherN~CS of international lew. 2. Chargea may only be levicd upon a foreign ship
4. Passage includea stopping and anchoring, but only passing through the territorial sea as payment for spkific
in sofaxas the aame are incidental to ordinary navigation wrvicesrendered to the ahip. CONTINENTALSHELF
Annex 61
PAGE93OF
YEARBOO OK THE INTERNATIONLAWCOMMISSIO 1958,
UN DOCUMENT A/CONF. 13/42 i931 DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 487
wue thchigh-waterlincdid not move asrapidlyas the
pmpcd (A/CONF.f 3/C.4/L.42) untü Mr. Kennedy
had made his explanatory statement. low-watcr lincit was nevcrthclesLiabkto move, and
21. Mr. KENNEDY (Unittd Kingdom), speaking On in ce& places it had movd scaward by pcvcralmiIes
paragraph 3 of theUnitcdKingdom propal, said thaf in the courseof about 50 ycars.
once a bwndaty was futd by agreement, it must bt 3. Among the spccial circumstanw cthich might cxist
cntirely independent of Ihc low-watcr h. That linc thcmwas, for example, Ihc prescna of a smallorlarge
raried fromycar to year, paaidarly nt the mouths of islandin the arcalote apporiioned;hc suggcskd that,
rivers.The tumiog points ofboundary lines shouldte for thepurposes of drawinga boundary, islan& should
bc treatcd on their mcriis, vtrsmallisiands orsand
rrlatcd tofirtd points on land, such as a church, a caysan a wntinuour conthentai shcland outside Ihe
bemn, or a lighthouse. Fuahermorc, latitude ~d klts of tcmtorial scking neglceteas base points for
longitude reprtsentea movable grid dependent on the measurement and having only their own appropriate
timekacping methods cmployed. .Many charts wert tcmtorial sca. Other types of spcciaI circumstances
extrcmcly old;they wert bcii brought up to date, but werc the possessionbyone of the two States conceracd
somc pars might elapsc kbre that proces was of sptcial mineral exploitatirightsor fishery rights,
compkted. That was why theUnitcd Kingdomproposal or the presenm of a navigable channcl; in al1such
spcciallyprovided lhat boundaries should te dched cascs, a Lviation from the medianlino would bc
with rcfcrencc to cham as thcy enistcd aa parlicular jusad, but the mcdian Linewould still provide the
date.
best starting point for ncgotiations.
Thc meetingrose at 11.35 p.m. 4. ïhe Unitcd Kingdom proposai aiso stattd that
bouadarics Ehouldbc defined with rcfcrenΠto charts
as they existed at a particular date, sincc a boundary
linc,once drawn, shodd remain constant rtgardless of
any subscqucnl changes in the coaslline.It was also
wcd~sd~, 9 April 1958, ai1020 a.m. essential that both the States involved should reach
agreement on what chariwas uscd, as charts differcd
coasiderablyd,epeadiagon thedateon which ky wcrc
Chairm: Mr. A. B. PERERA (Ccylon) drawn, and those " officiaiiy rccogni"eby lbe State
migbt no1cordom inevev detail.
Condàcriltionof the drnil irocles sdopted by the
~ o d Law Conuuission at itscighth sesdon 5. Mr. GABRIEUl (Itaiy) said that, whilcthe criterion
(A/SIS9) (cantinucd) of the median line proposedby the International Law
Commission could not be contestcd in principle. it
A~TICLE 72 (A/CONF.13/C.4/1.16 and Add.1,L.23, might, if rigidiyapptied, ltodinequitablt results and
L24/Rev.l, L.25/Rev.l, L:28. L.42, L.60) (con- wnsiderable technical difficuliies. The International
tinutd) Law Commissionhad shown itself to be aware of that
fact by providing for the possibitity of establishing
1. Mr. KENNEDY (Uniîed Kingdom) raid that sca other boundaries by agreement, and alsoby aliowing
boundaries establihed by projection of a land boundary,r spccial circumstanccs which might ncccssitate
by projeaion of a pardel of latitude or meridian, or divergenciesfrom the mcdianlincS ofar asagreements
by intemtion of the radii of two tixed points on theerc mncerncd, it was unlikcly that a Statc wbich
uiastlims of States which were adjacent or oppositt toound tbc median he advantag~us to itsclf would
cach other wcre not satisfactory in many cascs; such agree to deparhm itin the inttrests of another State.
boundaries oftcn did not rcsuin a fair apportionment Adquate arrangements which wouïd satisfy the
of ihc sca ma bttwcco the two States concernedand intcrests of both parties wuid only be reachcd by
might, indeed.mt across land tcmiory. Sidarly, tht giving due consideration tospecialcircurnstances.The
iincof decptst watcr wasnot, hc thought, a satisfactoryst satisfactory solutithenfore, wasthat proposed
criterion for establishiagboundary; in the prexnoe by the InternationalLaw Commission and by thc
of a number of pls of varying dtptb it would be Nctherlands delegaiion (A/CONF. 13/C.4/L.23). The
difnculttoestablish the exact position of suca line. Italian delegation wouldbe unable to vote in favour
2. The fairest method of cstablishing a ma boundary either of the. United Kingdom propasal or of the
was that of the median üne every point ofwhich was Yugoslavproposal (A/CONF. 13/C.4&. 16 and Add.l),
quidistant fmm the neartst points of Ihe baseLines which containcd no refemnce to special circumstanccs.
fmm which the brcadth of the territorial se$ was 6. The ltaiian proposal (A/CONF. 13/C.4/L.25/Rcv. 1)
measud, as statcd in the Unitcd Kingdom proposal dcalt withthe special caseof islands belonging to a
(A/CONF.13/C.4/L.28), When propcrly drawn, the continuous mntincntal shelf bctwcen two States which
median line was a precise line consisting ofries of wcrc oppsite to cach othcr. The importance of that
short straight Lines.In agrecing upon a boundary, casewasborne out by paragraph 12ofthe mcrnorandum
adjaccnt or opposite States might wcU decide to submincd by the suiretariat of the United Nations
straightcn that seriesof hes soas toavoianexcessive Educational, Scientific and Cuitural Organjzation
numbcr of angles, givir~gan qual sea arca to each (LMESCO) (A/CONF.13/2), and he wou1d quote a
Statc and aiso tahg into account any special statcmcnt made by the rcpresentative of Chile in the
circumstancts. It had been suaestcd at the meeting Sixth Cornmittee of the Generai Asscmbly at its
@ara. 9) that thc high-watcr Linc mightbe a more Eleventh Session(A/CONF.13/19, p. 397)to the cffcct
saMactory criterion; hc pointcd out, howcvcr, that ihat,in 1916, the Russian Govemmcnt had " declarcd CONTINENTALSHELF
Annex 62
PAGE 558 OF INDIAN LAw REPORTS M ,ADRA SERIES1 ,903, VOL.XXVII
&nun=Arc the animalkingdomin the ddcation of Eaglisli -na]
Rrmi
, Law, they onght certninlyto befrsntd as animobhighlyservice-
MrtnuiiTAr.atiltonian,thoaghothernke than nafood,andeuch~rviccablcnes~
mnat, aceording to tho principlo ofthonathorities, bobcldto
mnkathcm tho suhject of lnrceny, aoneidaing how tlio lnw
riowatheme of nnotheranimalprizednot ae food, thenile aeto
whiobii cspreasedqu~intiyenoughth-: ''hl y of the fecfaimed
hawkin respectof thonoblenesaof ib nataro and use for p~inces
and grcatmen,larccnymnybecommittcd" (IIale'aPltrns of th0
Crown',p. 512). Eowevor tliia may bo, itÎsacarcclyneccssary
to nay tht, nnderour own oriininnllaw,mbjcct only to thecrcep.
tioii pmvidcd for by aection 95 of the Iudian Pend Codc, nn
animal whicLie rsccgnised us property ie ipsofacto csphle of
Seingatolen.
Kow asto tho lastbrnneh of tho qtiestioI cannot Jee what
dilTiculSthcrc cnriticin holding thnt ahanLaand pcnrl optera
wLilo still inth0 hcdsOro,within th0 mcnningof section3'57 ol
the Indinn Ponnl Codc ,n thepossesaionofpcriona whomayshow
a tiilthcrctii. Tliccircmntauco that theaubjcctsof IIisM.ljcsty
nnd others ni~;nsvigato thesateni coulanot prccludothu lircdi-
ml~ilityof p~~sion in tholagest scneeofthe tom witlircgnrd
to beds formingthoaubjectof thenefiahorkao ,n the part of thoso
entitlcd esollirivelyto carryontha fisherica. Thorigliof'siicli
penionateinp ndmittcd, it followsthat so long aa chnnkoniid
pcorl ojsters hure not actunllybecn manaally+kenliold of by
alrangers,tlianiiiilanot~~ithstnnrlintghcir conhurrnco in liicir
nntural habitat, must,on the principlcthntpropcrty in pcrsonnl
zh:iottoarawa aft~ri&fhe POSS&O~" (888Sfale V. ?by/w(l)):hc
beldto be in the possesaionof the ownerma of.none elsc. Sh:it,
hcrn, the thing onmcdliea burieciunder'the waters of the scn,
operirtearather aR ~eenrity01the owner'apossessionthanoothrr-
wiae?anthat in mnny wnys interposesa$ow ob&des in thew~y
of nriobserred intrusion onth0 rightaof thep '$prietor;i. Tho.
iid oftho scabeing vcatcdin thoCrom tho aoundncnsof pnstii-
I:itinposaersionin 1110Crown in regard to ohnnks onil ogcta-rii
b~loiiginto it itnn obviouato rcqnirofurthcrdimssioti.
Aa rcgnrds tbc Ii'irnnrdproprietor alaotho mnic cniii-lui-ioii
n*i)iiltflollowhclhns tho immemorialright c~laimd. It'itltncit
-..-
(1) 52 AmDcc.,84818 Dnt,*r117. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 489
Annex 63
Annex 64
[Nor teproducedl
Annex 65
PAGES7 AND 9OF
LIM~ IN THESEAS, O.87,20 AUG.197TERR~TORIALSEAANDCONTINENTAL
SHELF BOUNDARIE :SUSTRALI AND PAPUA NEWGUINEA-INDONESIA
Annex 66 CONTINENTAL SHELF
Annex 67
EXTRAC FROM PAGE185 AND PAGE 186OF
THE AMERICAN JOURNAL OF INTERNATION LAL, VOL. 43, SUPP.
BAHRAIN GOVERNMENT
To whom ifmay concern :
Whereasit is desirable to encourageany efforts to facilitate the derivation of
greater benefit from the natural resources of the earth, and
Whereasvaluable resources exist beneath parts of the Persian Gulf near the
shores of Bahrain, and it has become possible to derive increasingbenefit from
these submarine resources, and
WIrereasit is desirable, for the purposes of conservation, presemation, and
orderly development, that extraction of these resources shall be regulated as
necessity dictates, and
Whereas it isjust that the sea bed and the subsoil extendanreasonable
distancefrom the shore should belong to and beadministered by thegovernment
of the adjacent Coast,and
Whereasthe rightofany wastal govemment to exercise its sovereignty over
the natural resourcesofthesea band thesubsoil in thevicinityof its shores has
been established by international'practice through the action taken by other
governments.
Accordingly,we,Salman IbnHamad alKhalifah,Ruler of Bahraiby virtue of
the powers vested in us in this respect, are pleased to issuehereby the following
proclamation :
We,SalmanIbnHamada1Khalilah. Ruler of Bahrain, hereby declare that the
sea bed and the subsoil ofthe high seasof the Persian Gulf bordering on the ter-
ritorial watersof Bahraand extendingseawardasfar asLimitshat we,aftewn-
sultation with theneighbouring governments,shalldetermine moreaccuratein
accordancewith theprinciplesofjustice, when the occasionso requires,belongto
thecountry of Bahrain and are subject toits absolute authority andjcsdiction.
There is nothing in this proclamation that rnay be interpreted as affecting
domiaion over the islands or the status of the seabed and the subsoil underlying
any territorial waters.
There is nothing in this proclamation that beyinterpreted as affecting the
character of the high seas in the waters of the Persian Gulf overlying the sea bed
and beyond the limitsof the territorial waters,or the status of theair space above
the waters of the Persian Gulf beyond the territorial waters, or fishing, or the
traditional'rightsof pearling in these waters.
Rulerof Bahrain.
8 Sha'ban 1368
June 5, 1949
Translationfrom thArabic original. DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 491
Annex68
PAGE S13AND 314OF
THESTATUTE STLARGE OF THEUNITEDSTATESV,OL. XXIV
PAGES692AND 693OF
THESTATUTE ATLARGE OF THEUNITEDSTATESV,OL.XXXVIII492 CONTINENTAL SHELF
,'(i.)Foi. iiistriiiiiriit~ :it 1il:rcc.sitiijitcd iit PIIC~ di~itniic~sfrom tlic
cciitint oiticiu of tlrcaïririipiri- rcqiiii.ii:< iiii>riTth:in tivv inilex of icon-
striictcd line, iiot IIIO~F: ttlnn sis iloll:rri :iriil twciitl-tire vent* liri'
moiith:
''J)I-I>c~II,I,L ,I. ),I.~.I'l':i*t,iiothitig iii this scction i:oiikrinc!ilshiill
proliilrit ttic iii:il;ing of nny apci.i:ili.ontraiat for atiy ~prcinl svr\.icc.
"SEC. 1s. 'rli(3said .cjtaiid:ir<lTi~lcplii>nrC . 'aiiipiiiy stiull dtiring the
esistcrice of ttii- fi:incliirc hnvc :ilid iii:iiiit:iiii ::IIofiice for tlic ti:rtis:ii*-
tion of hujinrss of the.cniiilr,tiiy nt conin ~IIIC Pn Honoli~liicoii~~ni~iit
of ni-vpss tu thc iil>lic.ntid a majority of ttic 1io:ti.da€dircctorc, of ssid
minp:iiir niid oxi,r poisi>iir h:ivin- Le chirr~, inanagc~iiiit, and ron-
ttol thcicof r!i:illIir rr.;iiliwt. of tEr 'I'ci.ritor.yof H:iw:iii. l"'~c'L'n'~
"SEC. 1% Ll~cciitirc pl:itit. opi.i.;ttiirii,Iiritrka.:rnd ni.iloiiiitsof sxirl
St;iiidsi.cl'ïelcptionc Coirili:inysb:~llrit iiiiy tiiiic bc ope11antl siibjcct to
the inipet:tiiin tif ttiiati-riiqi~re~.ofthc Territory of Iiawaii or ~riypers011
np[~>iiitc!ù 1iy Iiiiiifair thc piirlwhil.
"!!~Ec 91). ~illr~~lt~l(i: OF FILASI.IIIBI .-:.\\'h~l~t!vi-r%li(l CoIII11111.î' F"rreit"w'
refiires or f:iiia to do or larforiii or coiii il\ with ang wt. rrirtter. or
thing requiaite ui irquircd to 14 doiiibiin<kilttie ternis nt tlii* act. uiid
shrll continu0 so to rcfiise or fail ti do 0:. perform or coinply thvrr-
6th :ifter rt1:i*oii:ililcni>tice giviw \i!- tlie aiiperinti~iident of ~iiiiilii.
works ur otlii!i. ~>i.u r :rutlit;rity tii vi~rii~ilythcm\vittt, thc gcivc.i.iior
and nttorney-nrnci&h~ cniise proç~iidiii~x to lie iristitiitcri hcforp
the proper tribiiii:il to hnvc tlii*fi~nii<.lii..g r!r:riitcd liy tliis act, :iiiil al1
rialits iind pi.irilcgrs grnnted h~r~iindv. fnrfcited niid iIrc1:iii~l iiiiII
and vriid.
" SEC. 21. E'I~ASCIIIS SOET I.SCLCSI~E. -It is herehr cspreasly pro- ,,l~~;;;tli*' n"t ""
ridrtl th~t nathing lirrrin contaiiii-d a1i;illlii.so constriicd as tii gnint
to the coinpniiy tIi(. escliisivc riglit to i11';t:rlltir opc.rnte ir *elelihoiii,
9,l-+t~lii'i>sri-.ti~iii~,.
Si. 2 lis tt sil i i l I I : I I I I I i. I I : ~ II E"v''.
ttlo(:oiigrere~ rf ihirïi1iti.i Statix': iif ;\iiii.i.icii.
".ipprort.il thi.: tweiity-sisth d:iy iifAliril. :riiiiu Ihiiiiiii iiiiitnt~pii
Liiiiidri~I:ititliiri..
(+. lt. C,\I~TEI<.
'' lii>vr!i.iiciio.ftiic'lcrritiii.! iif Il:r\vnii."
.im~~l~"lnl'iLi.
SEI*.2. 'I'hnt C' Iiiprr.+. or tlii. tii:li.sl:itiii<ifttic!'I'i~ri~itor rf 1l:iw:iii
with III~:?ipliriiv:iI 01' CIIII~~I-. 111:i. :it:III~ tiiriv11ltvr.:LIII~,IIo~r. riqi(~:~l
aiil Act.
;i~>~~iovl~ .ilai! ?la. l!l(lti.
CHAP. 3448.-.+II .\ct'Ti>riyii!atttlit.I:iii~liioli~livrry.~.ii ni~l~:ili.~iul~niip-s. JIIII*~.1"~:.
. [<.lue'1
;tt41~i,~!t,,r t? <,,$#).~,~f,7~+? 1&,,.&v,~~~7fity~,~~:vc~t/,!/;?~,:f'th,> [i,</<(/ ll,,~blte. 1.:X1
.\'tllf*4:f .Lttl~.t.;,v;I (~J!~Y,~~.U a*..*,,t111) 1..i1i, froili :ind nftcr .\IV
tirst, iiniio D<>iriiriniiiictron Iiiindri~I;ii~tlsi-vi:n. it sh:ill 1iptiiilii\rfiil lai, !a~?djiir.c., .i:#L..I~
Iniitl,deliver. iaiirc,or i>lfrr for nili. lit :i~iyii:irt or place in the Unitivl ;;,.,2~;%!!:.~;;nlF:;!
St.ites any spungw tnliiw hyiiic:rii.sof diviiig or diriiig n panitiis friiiii '4ii.
tir! waters trf rb~,Gulf .f licrico 1..Srnit* of Fioriciï: fin<;,?,v?. Thnt Eh.
apnrigcst:rkrii ni. =iitliercd Iiy .siicliIirovcss hi%t.ween Octoln~i.tirst :tiii\
Mi. Brst of i~:ivIi viir iii:rgri>:rti-r,II-lit11(IF~r:iti~rtliiiii iiftv fivt *liril!
not be aiil>jer.t 10 ttiir lii.ovi..iuiistif ttii- .\i.t: ;inil ),.,.I.NI;..,fJ,,t*/li,.,.. 'in.r3--4rw.1n.81.
f;iiidrd. dcliveirrl,
Tbnt'nc cpnngrs talceii fr<liii -:aiil\tP;iii:rsi;h:iIl
ciired, or offc.i.t~ifloi. *:tic:it :riiy piirt or 1iltii.cin thi! L'riitod Stntcs (IF
8 amaller qizr tliaii fui~ritlclic* il!di:ri~icti-i..
SEC.2. TIi:it crery pcr*iiii giiilty of :i i-iiit;itici!ii)t tlii.; .kt r;li:if~ti. "t'".l:li'.-
~l~ch offenil: lit!1i:tlilctiia iiiirof iirit II,+ tli:iii ijnn hiiriilriiiliItill,tr- ail.
iliorc tti:iiiii.i!Iiiiiiiirividoll:ir~. wlii(.li tiiit.;liaIl 1)::r liibii:ig:iiiist ttrl. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 493
VI II ili II o r : IIIIII~~ .\iiiI i,ribi.y i.(.-.i.I ilrtrl or
I-~II~IIo~~I ti(Iritil;iti(iii 14 tlii. .\~tt -11:iIlhi! li;ilill~ tii :i titi(, tif ticit le-
iIi:iri (itiv iiiiiidi.i-(i d(111:ii. ~i!, ii.tri.tlliiiti tir+* IIIIII~~~I~dI~ iill:i~..or f(~rfei-
tii i.tn:itiil -li:ill I l i-i~izi~~ :iitl Iiiiii~(~i~(li~ :igl:iiu-t Ii? 1)r0ccs-of litrl iii
:III! i.1iiii.t li:i\.iii~ jiii,i-ili~,ii~rti irf tlii. ~itii~ii*~..
1'1<..11.111;1111. .si.:{..:<. 1Ii:it :iti,. \.i,~l:i~iut~ 4)f 111i5 Act <li:iIl IIC~ * ii~~i..~~ciiitii~~ th~ill(fi>-
trii.t i.~iiii.tof tliv I'tiiti il St:~ti\iilf th*.1lidt1.ict~\.I~~i.(~tihii*. iitf~ti#. ~vilr:
iiitiiri..mii.rii. i.otiiiiiitt~~rI.
$~r. 4. 'I'hnt it ~1i:ill lu. tlita tliiiy <if the 51~ci.rt:ii.?o.f C'~iiiiiiiewc~ ;ilid
I.;~)ror tri i~iifor(.t*tllc ~~i.o\.i-i<iiih 111 tliis ;\CI. :iiiil ii1101i Ili:. rihtjue.-tthe
Cjecrct:iry c~f the 'lqie:i.,iriy :iiii1 tlii. Si-i.irttti,y i~f tIir. S:iv)- iii:iy ~iiililoy
tlie i-ps,+.ls of tlii. iievi~iiiti~-~'iitt~~5iw ~i.i.ii.e :iiirl if tlie Siii-y. rcipeih-
tii-(II!. to tIi:it i~tiil.
.~~'~>1~11 ~1~i.i"12.11. Iiiiii;.
JIii1r.B1.~'. C-P. 3443.-.iii .i<.i Ti,,.I;~--iis #litiillii.i~ir~iiiiiii.iiiln.r8 . tliv lirriIrl*irtiiirnt
K.44'".I , b!tic Ibistria.t~iCC.~~Iiiiiitdu,;iii#taor;irlivi.I~iirlvw-.
[Poblir .ri.251.1
B~ ;t t.lll~rtt~ hlY sr,,,~ ,II/ .rfi),~~~ ~~~~~~y~,~~~x~~l,tut;r ~~;,itd ~~~
iiix~ri~r-il'ii111111.~ 1,1,tei.,!f...ll,,,.l.;<ll ( ;ll,,,l.l.l.l,~.*.w~~ 11 .'j~iiilf~tlit' tire d~pttrt~iieiitof
KXI,~I,..tr..i#.rii. tbc 1)irlrii.t of U~i1~111~ ~lIiiI:;iIIIviiitii~~tt~tlii- IVIIOIIvf tlie .s:iidI>i:.trict.
wi(1its pi~r.r:ciii:i:IiiicI ~iiti\.;~Iil~l~ ~rol~c~rt.yII:III lits :~.--igi~t,c;lii~dIwated
15 tlii' C'ri~~~ii~i~*iii~ tif i~;iiI~I)i.tri~.t HI:^). ilii.1v.t \vitliiii tlli\ :ilq)roprin-
tii~ii':iii:iiIi.li~ ('~~II~I.I~.-..
S.(.. 2. TIi:it tlii. (.'iiiiitiii--ilirii.t..tif llic Iii-t1.ir.t id C:<iiiitiilii:~*linIl
:i{viiou~. :t~~~~~ii :t-~~II t~r -i(vlt (ktft?. (11. (iiitic... ~II~IIIII,~~~. t,q~~Iiic< fit. (*.-II-~I!II~,
sritli or \i-itliiiiit ~siy.;ii~il l~l~iii~i\~lh:il1 iiitii,a.i..:ititiiiii~iiitiei..;ciF tlii* 1ir.t.
iicli;ii~tiiii~iitirf l l i I)i..ti.ii.t if C'~iliriiilii:i:ii~t~iii~iIiiig tii *iii.Ii riilc* iiiid
ra~giiI:itiuti> il.. .-:iid ('oi~~~~ii.-iii~ii~irii- tli~ii* I~~(.III-I~~j~ ! ~ri.rlicti~ii~ziiid
l,n.y..W,.r,,l,,. jiidgti~t?iit iii:iy fri8111 ti~iic 11, ti~iiv III:I~~I~ :i.ltt,t,.(11% :i~i~t>iiti: /',-~t-;tt~.d,
iis*I. TIi:it tlic i.iiltu :iiiil ri~giil:itioti. iif tlii. ti1.i~~Ii~~i:ii~tiiieiiItii.i.~tiifi,rt~ pio-
iiiiilg:it~~il:ire Iici,ctq ~ititiril :riid -1i:iIl it~rti:iiii iii fr>i.e.c iiiitil chaiigel
1~lli$-t.1111.1 111i.11.iy .;riil (,'iiiiiiiii~-ioii~~i~.
SKI.. X. 'i'li;it tlic tire ili-lririiiiriit of tlia*Iri-trict of Cci1iiiiilii:i ilirill
i.oii-i.t of otic i1iii.f i.iigiiit~i*r. iiiii- iIi~1)iits i.liitaf i~iig.iiii~l~i~ Ii,otli iif
W~I~IIII -11:iIl11;ivt~ IIII~ :kt Ii=:i>tIirv ylh:ir..tif ~xl~i.ii~~i~e iii .-ii~iwnbgii-
Iüi,I? i~i.g:~iiix~~ tiiiii~.ili:il tir.^iIi~1i:ii~t1iii~t.itii.i.Ii iiiiiiilii+r of Lattiiliuti
t.11ii.i'i*iigi~~i-i>r% II+ .xiiiI <'~~I~IIII~.~~I~ItIii~ ;iyI~~-ivi-i~iiii~ccbs.-i~ ~IyIII~ titile
to tiiiiri ii.itliiiititis;ililii.eilii.i:irioi~~ rii:i~li~l~y('iitigrc.r-: oiie tirc 111:ti.-.li?l:
>iii.Ii iiiiiiilier of tlikl,iitY 1ii.i. iii:ii.-1i:iI-. iiislii.i.tiir-. :iiiiI i.li.i.k.. :i.i r:iiiI
C't~~i~ii~i-~iui~i~l.; 11t:iy iIi.i.111 ~i~ci'.-riii.~11~111 t1i1i, 1ii tiiiw \~itliiii tliy
;i~ip~.~i~r~.i:iti~ ti:itli~ li!- ('iiiig~trl-.: .-tic:li iiiiiiilit~itif i.:ilit:iiiii :ititl lieil-
ti'ti;iiit-:i- -:hiil I'iiiiitiii.-*iiiiii.i.rtii;i! i1i.t.111 iiis~~i~.-:ii~ fi.~ii.iii tiiiir ttt iiiii.
witliiii t lii. :i1i11ri>p'i:itiuii. iti;iti~-liy ( 'tirigi.ib..: oiitb ~ii(ii~iiiili~ii(li~iit <if
riiai~liiiiihi.y: ':iii.Iiiiiiiiilw~r ,if :i-..i*t;iiit .-ii~~c.riiii~~iiil~~~ ~tti tii:i<.iii~itii~!~.
i~iigi~ii.i.r...:ii- ~+ig.iii:i-r:~i.i)tiliit.;iii:iritic,i.iigitii~i~i.-.;i>-i:t:iiit iii:iriiii?
~ii~iiii~i~i~- .lr'ii-1.r-. :is.ii-t:iiit dri\.i>i,.-.~ii.ir:itt.-. tif vl:i.-- I~IIIIII,~~~I~ ~nIu
:iiltI~it.i\.ii!t*.;iif vI:L-. ~i~ittiI~.i~~~(l0111' :i- .-:ii(tt'iiiiiitii.+.iiiii~*r. III:I~ IIc'~:II~
i.--o,-.i.o-ir C--i.. *:in*. ri. ..,;tli;i% +lin n.\~.rn+\r;n+in... . iiiiwin 1.r t Inn. -
{;;;,&, ' rxisting linbiiitiei: PniwitlAmmuer, That no bank shnll nt nny
time malx new loans or shall pay anv diviilends unless and until the
Bulsornuttm. totalrescrve required by law isfully rsstored.
."In'&timating the rmes required byth Act, the net bnlanco
(iamounts due toand from ouer b& shall betaken asthe bask
for ascertn+nv the 'bnnk deposita avainst which rsserves shail be
iletenninea. &lances in -me b& due tornember banh sldl,
.\l*U uid truulir the extent herein rovided,bg.&Üntedasrasemes.
tank. "National baaks rocated in Aisska or outside the continental
- Cnited States may temninnonmember banks a,d shall in thnt etent
maintain resewas and comply with dl the conditions noa rridd
wLI1ds*xN~l*.pplhy 1aw reqlating them; or said bnnks, except in the P lipliine
Tslands,may,withthe consent of the Reserve Board, become mesiber
bnnksof any oneof the reservndistricts, and shall, in that event, take
stock, mtktnin resemes, and bo subjectto al1the other provisiou~ of
this Act.
Approved,hugust 16,1914.
"'9t -P. 253.-An ActTo rcgula thetakingO;cakhing of apnpm in ihwntera
- K:ni3'1 otthe GiiafBLekiwandthaStrnits of FlooutaidofSbte jririsdiction; thehnd-
[IZibiNa.172.1ing delirericurin seiiing,or ptweiofthesurie:pmvidingmeam ofenforce
mehrofthe srne;nn%for0th-pu-.
,,StatesofAmeneabyinhCongres8aaaaembhde , Iiaton and rltrrfieapprovald
~axico,&e..unrrrofthis Act ~tshd be unlyful for an citizen of the United States, or
srrlcredrdsvtul person owhg du1 ofobadieoceto de lareof the Unitcd States, or
any boat or 7-fd the Unite Sdtates,a pemn bclonging toor on
any such boat or vessel,totake or catch, by any meonsor method, in
Stateaterritorial Qmits,any commercialesSonges mensuring whcn wet of
rP"a1.g.te.U. less than five hches in their maximum Jarneter, or for nny person
~WTUI. or vesse1to land deliver cure, offer for de, or hnre in p~ession
st an port or in theUnited States,or on anybont or vesse1of
the Jmteti statar, any such cornmerciaispongw.
rrimr~cha\-ldencSEC. 2. That the resence of s ongesof n diameter of 10-sthnn fiie
ot viobtlon. inches on angrmefor bont of t& bnited Staka mg ed IIiponging
in the waters of the Gulfof llexico or the Straits oslorida outsido
of Stat'etemtorial limits, or thpossessi ofnhnv sponw oflcss thnn
the sniddinrnctcrsoldor ditlivercdhy siiehrt!ssi&sliiilllprima fiicio
eridence of a violation of this Act...
PC!~~I~J. SEC. 3. That every erson srtnership, or'association guilty of
violation of tb Act s%nll b; %able to a fioeof not mon, than Sm,
and in additionsuch fine shall be alien ngainst.t~ho,vcsselor bont on
which the offenseis cornrnitted, and said vc;sel or boat sh? be seized
and pr~cedej against by processofIibclin nnycourt having juridic-
tion of the ofïense.
JUWIC~~~. SEC. 4. That an violation of thb Act shaUbe r&ecuted in the dis-
trict court of the6r.h dtates of the district wgerein theoffenderis
found or into whichhe isht brought.
Edamment. SEC. 5. That it shd be the duty of the Secretary-of Commerce to
enforce the provisions of th Act and ha is authonzed to empower
such officersand ernloyeesof the beprtment ofCommerceas he mRy
des nate, or suehokcers andemplo ew of othai departmenta asmiy
be Ztniled for the urpae, to mais mesta and seize v~eù and
apon es,and upoo &s r uat. the Secrekir of.the Treasurj maj
cmp$ the rcssels of thegevenue Cutter Semee or the employrri of
the Customs Service to t,hat end. i6931 DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 495
SEC. 6. That the Act npproved June twentieth, nineteen hundred
anrlsix,entitled "An Act to re ulato the laiidin deliverr curand ~;;yy,.~:;~~.
snb of spngesss..and al1othertaws in co~ctkza~ith bk,-an~ tbo
snme hereby are, repenled.
dpprovsd, August 15, 1914.
CRAP. a64.-An Act .4uthoiizithe B.oardof TmdeoTexuhiu, Arb- AuLs.bm''l".
couiitiof Borie anI'wrin the StaofTexm.tornmr Pace'ferry,betaeetho Il'ubl$o. iS.1
Be itena&d by tt Sendeand HWG ofRepnitatieica of theo'niicd
Stattao Amréeuin Cmqre8s uuambkd,That the consent of Congress T ~ X WDOU~~
is heredy nnted to the Bod of l'rade of Texarkana,Arkansas- "p,",~~~~~
Texsr, to &dl rniintnin, and opate a bridge a~ross the Suiphur .
Rivera ,t a point suitnbletothe interestaof na ation, at or near
Pace's ferry be,taeen the counties of Bmie andnems, i. the State ,lm,
of Texas, in accordance witb the pmvisione of the Act entitled VOI. p. M.
".inAct to' regdate the construction of bridge over navi able
wnters," a mvd Ymh trenty-third, nineteen hFdraduiik si..
Sm. 2. '#ah the right todm, amend, or repenl th~sAct irhereby "ndmmL
reserved.
Approved, Auyst 15, 1914.
W. 265.-An Act Totaxthe privilege of dealingon exchaboard o4 "FA$.;"'.
ide, slid aimilu plainconhta of de of.cotlofor futurdeelivery. and for
0th purpdaea. {PubliNo.174.1
Be itenad.by theSenate and Houseof Rtprr~tebives a & United
Stuleaof Am- in Congren~-mbW, That this Act&a i be hown Ca"On'UIU'tlAC'
bythe short htie of th"Unite dtateseottofn utures Act."
SEC. 2. That for the purpoeesof thi Asct, the term "contract of~~sLrUC1lon *
sale" shdl be heid toinclude sdas, Tementa of saie,.rnd.agree-
menta toseli. That tho word "rmn, whenver uad ui thuiAct,
shd be constnied toim ort t e plurd or sinplar, as the cm.
demmds, and shdl induXe individu& associations, partnershiy~,
and corporations. mlen constniing and enforcing theprovisions offo~L!~~":~~
tbiçAct, the act,omission, or failure py oEcial, agent, or other
person'ncting for or employed b any miation, partnershi or
corporation rithin the scop of 6s emplopent or office,sha in
every case, ah be deemed the act, omission,or failureulsüdh m
ciatd;,~nrtneincrship,or corporatiMn wellrs that of the pemon. on mct9,t
That upon each contract of de of any cotton forfuturo ,,,,,.,,.,,,,-
delivery maàe at,on, or in any exchange board of trade, or similarutursdellrrr~.
institution or placeof business, there iaherebplevied a tax in the
nature of an exciseof 2cents foreachpound ofthe cotton involved
in any such contract. lyrittCmntrrcP
mentioned in section thntraeofothias0ct shdtobefin aritine rilainl%%".i..
stating, or evidencedby writtenrnemorandum showing,the-&ma if
such contract, including the uantityof the wtbn involved and the
names nnd addressesof theBe&r andbuyer insuch contract, and~hd
be shed by ,~e pey tobechaFgedo ,r b his nt inhk behaif.
If the conkt or memorandum a qu.ntie d tha "lgbt* hl=.
cottan involvd, wîthoot givin ~:<&t,%% bale &di, for Ihe
purposesof this Act,be deemef toraigh five hvnhd pudi.
SEC, 5. That no ta*shail be leviai underthis Act onany coiitrvt ,~:;~?~?~m,!!?w
of saiementioned in section threehereof,if tbecontractcomply m.itL
errchof the follovïingconditions: CONTINENTAL SHELF
Annex 69
EXTRAC FROM PAGE 166AND PAGE S75THROUGH 177OF
THE UNITED STATES REPORT SOL.223
PAGE S72THROUGH 675 OF
HACKWORT DI,GESTOFINTERNATIONL AALW,VOL.II
THE ABBY DODGE.'
APPEAL FROM !i'HEDISTRICT COURT OF THE UNITED 8TATEB
FOR THE BOUTHEBN DISTRICT OF FLORIDA.
No. 41. ArgudNovember 6, 7, 19lllDecideFebruary19, 1912.
Each State ownstlie bedsal1tidwaterswithii its jurisdiction un-
lesthey have been granteaway;alm the tide waters themaelva
and the hhin them sofaras they arcspableof ownership whiie
ninning.McCrPady v.Varginh, 94U. S.391.
Congresshas no control ovsponges growing on the lsnd beneath
tide water within the jurisdictionof a State.
IVheretwo interpretationaaostatute areadmissible, one of whih
makesthe statute constitutiandthe other unconstitutionai, the
formermustbeadopted. United Slatev, Delaw~e& Hudson Co.,
213U. S.366,407.
The actofJme XI,1906,34 Stst313,c.3442,&thg thelanding
ofspongesat portsof theUnite Sdtates, re~ateS&b 8ponges
takm outaideof theterritof anyState.
The powerof Congressoverforeigncommerceiscornplete;no one ha
a vesterighttocarryonforeigncommercewiththe Unite Sta-, '
V.st~~nahan1,92u. S. 470.
Congreascm, by exertionoitapowerto regulatforeign commerce,
IThe docket title of tcase is i'he vess"Abby Dodge,"A.
Ealimeris, Cbt, Appellanto.The UnitedStates.i1751 DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 497
223 U.S. Opinionofthe Court.
States were subject to state ownership "so faras they are
capable of ownership while so mnning," the question was
ieserved as to whether or not Congress would have the
right to contri1 the hienhaden fisheries. But here alao
for the reason that the question arising relates only to
sponges gronring on the soi1covered by water we are not
concerned wviththe subject of running fish and the extent
of stateand national power over such subject.
The obvious correctness of the deduction which the
proposition embodies that the statute is repugnant to the
Constitution when applied to sponges taken or gathered
within state territorialimits, however, establishes the
want of merit in the contention as a whole. In other
words, the prernise that the statute is to be construed as
appljing to sponges taken vcithin the territorial jurisdic-
tion of a tat ts demonstrated to be unfounded by the
deduction of unconstitutionality to which such premise
inevitably and plainly leads. This followsbecause of the
elementary rule of construction that where two interpreta-
tions of a statute are in reason admissible, one ofwhicli
creates a repugnancy to the Const.itution and the other
avoids such repugnancy, the one which makes the statute
harmonize mith the Constitutionmust be adopted, United
States v.Delaware & Hudson Co., 213 U. S. 366 407, and
cases cited.
WhiIe it is true that it would be possible to interpret
the statute as applying to sponges taken in local waters,
it is equallcertain thatitis susceptible of being confined
to spopges t.aken outside of such waters. In view of the
clear distinction between state and national power .on
the subject, long settled at the time the act was passed
and the ruleof construction just stated, me are of opinion
that itsprovisions must be construed as alone applicable
to the subject within the authority of Congress to regu-
late, and, therefore, be held not to embrace that which
was not within such power.498 CONTINENTAL SHELF
Opinionof thCoud. 253.U9.
In substance the argument is that this case does not
come wit.hin the rule, since it is insisted to confine the
statute to sponges taken or gathered outside o;tateter-
ritorialrnits would also, alt.houghfoa difierent reason,
cause it to be plady unconstitutionnl. This but assumes
that the second proposit.ion, denying a.1power in Con-
gres tqexert authority in respect the Iandingofsponges
taken outside of the territorial jurisdictionaofStateis
welifounded, and me come therefore to theconsiderat.ion
of thatproposition. For the sake of brevity vie do not
stop to review the general considerat.ionswhich the prop-
osition involves for the purpose of demonstrating its in-
herent inaccuracy, or to point ouitsconfiicn-lththe law
of nations,and its inconsistencwith the practices of the
Government from the beginning. We thus refrain since
there is a'shpier and yet more comprehensive point of
view disposing of the whole subject.
Undoubtedly, (Lord v. Sleamship Conzpany,102 U. S.
Ml), whether the Abby Dodgewas a vessel of the United
States or 0f.a foreign nat.ion,even alt'hoitbe conceded
thatshe was solelyengaged in taking or gathering sponges
in the waters which by the law of nations would be re-
garded as the common property of al1ad was transport-
ing the sponges so gathered to the.United States, the
vesselwas engaged in foreign commerce, and was there-
foreamenable to the regulating power of Congress over
that subject. This beiqg not open to discussionthe want
of merit othe contentionisshown, sincethe practicesfrom
the beginning, sanctioned by t'hedecisionsofthis coures-
tablish that Congress by an exei'tionof its power to regu-
late foreigncommercehas the authority .toforbid rnerchnn-
dise carried in such commerce from entering the United
States. Buttjîelv. Slranahan, 103 U.S. 470,492493, and
authorities there coUected. Indeed, as pointed outin the
BuUJield Case, so.complete is the authority of Congress
over the subject that no one can besaid to have a vestedil771 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
223U. S. OpinionoftheCourt.
right to carry on foreign commerce with the United
States.
Although, for the reason stated, we think the statute,
limited by the construction which me have given it, is
not repugnant ta the Constitution, we are nevertheless of
opinion that as thus construed the averments of the libel
were not sufficient to authorize the imposition of the
penalty ~vhichthe court belowdecieed against the vessel.
.4s*bythe interpretation which we have given the statute
its operation is confined to the Ianding of sponges taken
outside of the territorial limits of a State, and the libel
does not socharge-that is,its averments do not negative
the fact that the sponges may have been taken from
waters within the territorial limits ofa Stateit follows
that the libel faiied to charge an element essential to be
nllegedand proved, in order to establish a violation of the
statute. UnitedStales v. Britlon,107 U. S.655, 661-662,
and cases cited.
As we deem that it has no relel-ancy to the power of
Congress to deal with a subject not within its constitu-
tionaI authority, that is, the takinof sponges nitliin the
exclusive jurisdiction ofa Stnte, we have no tconaidered
it necessary to refer to a statement made by the district
judge concerninglegislationof the State of Florida making
it unlalvful to gather or catch eponges "in and upon any
of the grounds known as sponginggrounds along the coast
of Florida from Pensacola to Cape Florida by diving
either with or witliout a diving suit and armor." Equally,
albo,have we refrained from attempting to reconcile the
eiiactment of tliis state lhv with somc reference made by
he Governmcnt in argument to certain statements in
testimony give~ibefore a committee of the House whcn
tlicact which is before us was in process of adoption, to
the effect thnt tIiere were no spongebeds within the juris-
diction of Florida, because "the sponge beds mere from
fifteen to sixty and risty-five miles out."
VOL* CCL~III-12 Portriz:rl, Ethiopia, Chile, Muscat, Fiiilai~il~ Yc~iit~zuala,Uri:g:r:ty,
Uiilg:tria, an<lIran.
3 Treaties, etc(Redmond, ID'23)3TX, .';7X<:;Gi.
Convention ,i cuiirention for the supervisio~iof tlie intcr.ii:tticiii:iltrsclciii nriiis
z" nnd rminiiiiition md in irnplements of \\*;irrigiiod nt Gcnurn oii
J~ine17, 1025,It contains pro\-ision iiint rr.htiii a ~varcliipLcloiig-
ing to oiieof the high contracting p:irtiest~icoiiiitcrs11-ii.lii speci-
fisclmaritime zone (stated to incliiclctlic Kc(lSc3, the Giilf of Aden,
the Persian Gulf, and tlie Gulf of Oninii) Imt iiiitsidc .of tcrriiorial
vaters; a presumednative vessel of uncler500 tniis' biirdcii, fluiiig the
Ragof one of the higll contracting p:irticç or flyiiig 110 flng.niid :Tic
coiniiiaridiiig officer of tlie warsliili lins gooc1rc:isori to bclicre tlist
the ressel is flging the flag on Iiigli contrnctirig \~irholit.b~ing
erititlecto do so or is illicitIy coi~~eyiiigiir!iclcs covcrcd by tlic con-
veiition, ha nlny stop tlic vessel nnclcoiiduct.lierto tlic iie::reijrni't,
certain procedure in these respccts beii~grccliiir~il. If tlic :iiirliority
siibsequeiitly entrusted with the iiiqiiiry into tlirilatterdccidcs thst
tlie dctention and diversion of tlie vesscl or otlicr inensiires iriipoçed
upoii lier were irregulnr, ha is to assess tlio nrnount of coinpensitioii
mliicli he considers tobe due.
Altlioirgli tIie convention was submittcd fo tlicSc~inte of the Vliitcq
States by PresidcntCoolidge on Jnniiary 13, 1926, ttiat body did not
fiiialIy gire its advice and coiiseiit thersto iiiitil Jiin1395, ldicn it
&d so subjcct to a rcserration that tlic convciitioii slioiild not corne
ii1t.oforcc as to tiic United States until it sliniilcunie iiitoforce ns
to Belgium, the British Empirc, Czt.clinsIbrnbi:i, France, Geriiiany,
Italy, .JnlinriS~~eden aiid the Uiiioii of Snvict Socialist Ecpriblics.
III addition to the United States, the British Empirc, Dcii:ilarl;,
Frniice, and S\veden have ratifiecl, mitIl rcscrvnt.ic~iis. R:rtifjcntions
witliout rescrvations have been depositccl by L:rtvia, Caii;ida, Biil-
garin.,Spain, Egypt, Polnnd, Kelherlarids, 1-eiiczuclii, ancl CIiiiia.
Since article 41 of the conveiition rcquires rnlifirntiaii by fourteen
polrcra, and sinceoaly nine of tlie ratific:~tioiiR YI^^\\.itlioiit resvrvs-
tion, the convention Tas not in force oii Blnrcli 311329.
4 ~rentiesetc. (Trenwith. 19%) 1WX91ï.
UTILIZATION OF JIARIKE RESOL'LECLS
$202
Tlie United Stntes contonded Leforetlre tribiitinl csiablishcd bytlic
United States and Great Britain pursiiant to the tcrins of the con- 501
W31 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
vciiiioii siyiiitl ,~:II~II:II.J-: ll~i13 for tLic :irbi(!.ü~iiiri(il' ilAr:.\'o,.ih
Llttqlltic t,',>,'k-Ï.v/t(~t3-;tc:l;e tll:~t.-
wliilc :rS[:it(. iiin\.iiriioiiiicc tlic tn!:it> rijlik to fisIli!i Toi.i'i:it
ieii.itciri:il ~\:irl.i.s,~iti:;iiiiiiitrt:iiciiiiiccilrc ii;itiir:10 i!iAit011
ilic Higli Scas.
iinable to npt-ce \rit11 tliis contciitjori. Bcc:i~ic tlioiigli :L St;itc l~i~iits ..
c:itiiiot grniit riglits oii tlie Higli Setis it ccrtniiilv ciiii üb:riitloii :iilniii!nncd
tlle.cs~rci~cof ~tsriqlit tu fis11 011 tic High Scns mitliiii citriniii rrnntedt
(Icli~&liiii~t~; Siicli :111nb:iridoiiineiit \\-a?;in;rdc. witii i.i~~jirict
to ~licii:,,iisliiiigriglitiii llic ~v\-ntcr sii c~iicstioiIip Fi:iiicc :iiitl
Spniii' in 1TtiS; l%y :i.~oii\.c!iit.ioict11--ceitllir I~iiit~illiii~ploiti
aiicl tlic Uiiitcrl St:iica iri 1S46, Ilict1i.o coiiiitrics ;issiiiric(li)ii-lier-
sliip ovcr u-:i!ri.siii Ipiicn Straits nt distünces fraiii tlic s1ioi.e :IS
grcnt. as 17 ~iiilcs.
T\TliiIet.1ici.civoiiltl scpiii to bc no lepl restrictioii iil)ciii tli~
riglit of :Inici.ican citi7.riis to t:ikc fisli111 tlic liipli sras ntFtiii:
cunsts of Irol:iiicI,tlic qiic?stionof tiicir riglit tu ~sr:~L)lisI ~ fis11~1.y
oii tlic ~rinat.o:ist.of 1ml;itiiI aiit1to tnko lis11froiii tlic :idj:icci~t.
w:itcrs witliiii tlic tci.i.itoi.i:iljiii.istlictiofiGreat 13ritaiii. is orici i;iirïnce
wliicli, in tlia abmicc tifqn~cilic trr:ity pra~isioiis O\\ t1i:i.l)oiiit, fi"l~l's
~~oitltlappcar In 1)c gn\-rriivil by tlic Iaws of tliat coiiiitry,siibji.ct
oiily to tlic g~~;~r:i~ittu r~isit:iiiicriiitlio nborc iiicnrioiierl Articli:
1 of lIio Trcnty of Jtily 3, 1515 . . .
TlieCoiinsclnr oi tlie Dtpartmcnt of Stnte (hnslng) to 3Kcssrs.Corn-
s~iicl& Wnslihiirn 2nd Cnrroll E.Pillsbury, Apr. 2'71 ,915. BIS. Depart-
iiiciiof Stntc, flleS4ld628/2.
Sectioii 1 of tlio act of Congrccsnpprovedhugust 15,1914, provides ljeiof ses
tlint
it s11:illhr. iiril:t\vfiil for :iriy citizrri of the Vriitetl Sr:itc.i, or
~~~iso~ owi iti: (11tiyof c~l~t~(li~n 1~rtlw la~rsof tlic UII~I(I~ Si;ltt>zifis~icrics
or niiy boat or i.~sstt (111110 Ui~itc(1St:ttcs, or I)L~I,WII111~ir~ti~i~ig
to or OII :lll)-sllcliI10:ii0tm 1Y!.=s~ o l,t:tlïor c;1tcIi.1): :i!lylii,~:hlls
tir in(-iioil, iii tliri ïv:itiof t Il(?GiiIf rif BIcsico or tilt: Sri.:iitof
I:loi.i<l:i oiit5i(l1. rrl Ftiitc t~rritor.i:tl liiiiitc, :itiy coiiiiiii~ri:i:il
.~1x)ngcwnc:1~1r"ii~ i~\-licii1ri.Icss tlinti firr. iiiclics iii tlioii. i1i:isi-
iiiiiiicli:iiiiciri.or fiir 211' l)iar~o1 1r I-L'SSCto l:iiitl?tlihlii~ci.i,:iii.c,
offer for solc, or Ii:ivi!iii licisa~ssioii:itXIIF porL or pl:icn iii tli~
[Jnitetl Sliitrç. or oii :iiiy Lo:it or rcçsel of tlic Uiiitccl Stnit.~, :itiy
siicli comincrcial sl)orgts.
:S Stot. 692. Ari cnrtivr acL of Jiitic20. 1306 iii:iliiiit iiril:icvfi;ai
I~II(I,etc., ''nr~yspc>~it~ikc!b~y ~iit~iiis (iivi11~or dit-i~:il!~~;ii:~tfr01;1502 CONTINENTAL SHELF 16741
tliv\vaicsrsi>C tlicGulf iii 31(.sicior Siniits iif E'Ii-riil:ICI.; crin?triicillis
111vSIII~TPI~I P oi~rt as riot ~~~plical~lcrn ~~1i1ri;csi:iI<c1or <:itlli-rt!frcml
liiiiiii1itlr.!vater nilliin the terrilrvial fiiiiitsirftlitnv;irii)iisii:~tcs c>f
tlir-Ciiiiinniid, as $0 coiiotrircil. licl!l ilitrritiirtitriliiirt:YI Fi:it. 312
(riqn.nli~d ?:cc75 Stat. G!E. bY3'3 ).TLr: "dlif,!Br~rlgrc',223 U.S. (1912) la,
175-17'7,
For rrgiil:itionof sponzrs Iiy tlie Stnrc iiIL"t<iriil;liiyi~!itlicir1irce.c-iiiile
litnit biit within n belt of uinrr.in:ilTaler': Q J tlii'rcI~:i~.iics as lisctlin
tlm Stntecoustitutlon. ~c Pope ct al. 1.Rlti~itaii,10 F. Sii~ir)IS IS.1). b'ln..
IKt) :L;p,qv~#t~b S,ltcriffV. Gin10ttr~!ii8,101 Fia. lIS0, 133 $0. 1f.U(1931).
Tlie priiiciple eiiirricintcd 1. Hnll is tli;it tlic tviia.kcy to the
clcrcliqiinerit of tIic la~r is to bci soiiglii; iii tlic. ~~r.iiicililctlint
in:iritime occt:pntioii-iiiiist lic cfrccti~e iri ortlcr to iic l-nlirl. If it.
is tlistiso niiii rlisiisc nlont! wliich 1t:isItvI fo n rrsI~.ic~ii~i if t1ic
ri.~lits of tlie So~crcig~ iii tlir. \)ri1of tlit?sr:\! it fol101-i-tsliat jil
c:iscs wlicrc therc lins bpcii eiEcctiveocciil,nticin ni n portirni of
flic lied of i!ie sen ~~itliiiitlic iiicaiiiiig of tl~c~iriiicil~lp~iiiii~cintcd
hy Wnll, niid sticli occiip:itioii çt.ill toiitiiiiirs, t!:rrc lins bccii no
nbniiiioiiiiig of tlic rizlits of n\riirr~liili, ni-111 ~a~ii!ri~tluc~~ tl!~
o\riiersIii~i çt.ill contiiiiics. r\rriiiniiig tli:it ilii5 lii.~>lio riilii is
striiiid.it reinoves a dificulty nliicli 1i:isfoiiiid cxslirrs~ion iii \\-rit-
inp on iiitcrnntioiinl lnmas rcr:irils scdeiitnry fi~liories caciirring
nii(sir1ctlie tlircc-mile limit. Pnlt~I's stntt~iiic.nt:"TPliocnii tloiilit
t1i;it.tlie pc:irl fidicrics of Bnliiciii niirl CF~~OII ii1:1yl:i~\~iiilly
bccoino prnpcrty?" ccnses to cniisr. nriy dificiilty t.0 cvi:ii tlio
stniiicst. iiphoIdcrs of tlic priiiciplc tli:it tlir: liiniis of tlic tcrri-
torial bclt nrc not morc tlinn tlirec iiiilet;if it is vc:iliii~ii tliat flic
cscliicivo ri,rriit to tlie penrlr to lie nl~t:iiiictlfi.liiiitlie bniilis fln~~ed
îrnni tlio on-izcrfliip of tlic I>c(l (if ilic SP:L XVJI~tIJV ic. fini il;1rPi.e
sitiinted, niid iiot troiri aiiy claiin to iii:ii'itiiiicjiii.isilirtioii orcr
tlit: wntcr~. Tl'licrc~cr it. caii lie slic~ii tlint p:ii.ticiilni. oyrter
h~tls, pcarl l~anlis,clinnlr fisli~ri~s.SllOlIFCtisli~i~ics iii-\\-Iint~!rpr
11i:iy 1)~tlic 1)rtrticiiI:irfor111of s~(Ielir:~ryii.+ltt:ry ili q~i(!stii~~ niiit-
si11~ilic tlir~e-~~~illcinlit li:i\-c ~IIJ-~J-Is)CPIIl<t!l~ti,ii o~~~ii~~:itit~n
iiy t1ic So\:Cipignof tlie niljnceiir.l:iiitl, 0~vi1~1~1io ipf tlic soi1 of
tlir Iwr1of tlie sen mlicrr!tlic fisl;licr~\+ \-iis silii:itcrl iii:iy bc prc-
c;iiiiictl.niitl tlic czcl~isirc riglit to tlir pr~iliicc. to 1ic obt:iiiiciI
Si-oiiitlirsc fislicrics ni:iy lie Lnwcl 011 1,licirbeiiig n ~rroiliic~ {if tlic
soil. Owiicrsliip of tlic snil I-IFIfic So\-ri.i-i,gii of tliih r.oiiii~!-y
iiiii1i.1sii(.ii ci~.îiiiiislniiccsii111.-c;:i.i.yn.iili il.III('i.ig;rli1(1 Its=ic-
ht~ for 111~ snii so ov~irrl nri(1 foi- tlitl pi*~)tri i11 of 411~ iv~!iltli
10 III?tIcrivc(1from it, :t11( I~ doiilif itt>c<IlIP ft.113s 10 ilji;i~ii:iIi~ig
iori~ ni' tlic v:irioiis r~~:icii~~r~iiv ll~i(:hli:i~.cIIIV-I I:~itb,l Y4tr tlic
fwo,.ctiitii of tlircc ecdeiitai.y fislii.i.j~- <ii~t:,i~lrli~:JJijr*i~-iiiiiiilnjr.
1Iir:inciniicrs ,:vlirit niici~iiriir;:i.c~ jiislitiib.::r1:iiiiiIO icvii\iit:iry
(i'licrics oritsitlc tlic tlii~c-iiiilt~liiiiit.(Iciiiriisi.~~iiti, 1iitiiiitiii~i.~~ii.~~'
:IIN~ of tliosc ~vliicliare I~iio~v~ Si IIIC~IIJI)~~ !:II. SI~II:~IP i,~II:LI.S
or giilfs ~rliiclinre c1:iiiiierl nç part cil tlii; ii:itiriii:(rirritol-:: bs
tlie Stntc ciintigiioiis to ~vliri~r ~:l:oi.ctlic'y lir. For ~II?~:I!I(:~tl~c
cliniik lislirrics niitl tlic peni.1 f.~lir.i.ii~ sii tliin (iirlf 01' JI:iii:inr
lin\-r bccii ilie subjrct of rrgirlnriiiii I)y Iiii.:i1cii~iliri:itici~s.c.,
tliri~~~gl~o~ itw? niiivt~~ntli ct!ii:~i~~y.'l'li{- !i~;:i.I :iritI ~~1~~1~~1;i6751 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 503
lisliri-ic.iiit.lir.(;ilIf oi J1:iii:i:tr\\.c.ieclniiiifi.ciiic:ii.l~iiiiic.tty
t.11~S~ICCCPS~~ 1'o1'111~iit'.D ;ri,itcIi nncl Uritisli iiinsiilr.~nf flir
rieiglibciiii.iiit~i.ritr)ry,atid tlicrv ciiii bc littlc tlri~i\i\);IIt 1i:it;i
.goor1tillc tii 1lie ct\i.iit>rsIiif t1ii.s~1)~1l s;I II ~IIII:I~Iiiii.Ii;i>~rl
oii l~~ii~-ct~iititiii~tiîciipn~iriii. Ucitli (Iic tiii1E tif .\I:iii:i::tilt!
P:tll<'slhy; tlic t\\-o~ro:~tb:i~.s~vliicli(livi11~Iiitli:~ ~~OIII CV!I{III
aiirl :irc sihl)nrnti~tli.iiiii c;icli otlirr 11tlit:lriiig slic.ir.!lit'is1ct.z
kiiorii ns ~1cl:iiii'1Jt.irigc.~ioiild probnbly bc cl:iiiriiltl:is 11ai.iof
tlie n:it.ioiialtcrril.or-, aittl iiot pirtof tlic Iiigli .w:i~;i:III. l'iill~~~
Bay nt nny ratc lins iioir Iiciliiliclrlby tlie 31:~dr:iij ctiii~t10 lit:iri
integral pcirtivii of tlio Uritisli Doiiiinicins, and if tlic <~iirsiii>ii
al-ocr a siiiiil:ir tlrcisioii tniglit possibly bcgivcii'ns to tlic Gtilf
O : I EvPti if it wrrt. iiot, lio\r*e\.er,rlic clnimtn tlic ownrr-
ship of tlie 1irni.l:ilid vlintik Iictls iii tlint yilf coiil(l Iic 1i:i:~ilon
long iisngc? ;iiitli~ric.ciiitrsfiiliijtiyiiicrit; aiid tlic rigltt to Icgis-
liitc witli rv,rr:ii-tri tlicsc teds coyld be restctl oii tlic groiii!ct of
their a\~ncrsliip. t
Biiollii?i. IIIS~;III\C riic:li c;iii bc citecl, aiid oiic!w1ii.i.st1ici.cii;
.'lin iloiil~ttli:ittlipsilit fc-irinsp:ii.t of tlie liigli scns, is rfi:(if tiiv
Idri. 1)rtls nfi'tlir?c.;ist.co:istof Ii.rlnild. By tlip SC:L lii.+licrics
Act OC lacis 1)owcr ~viisI:il:cii to issiic nli Oi.cli?riti Cotiiicil pli-
nbliiig tlic Irish Coinn~i- -,lnérs to rcgiilatc tlie clrvd~in~ fiir
oystc1.s oii aiiy oysicr ) :itliiii s rlistnncc of t\:-chiitgiiiilri
se~~rnr.<lsfroiii :i sti.nrgtir. :iiio betwccn Lniii1i:iy I5Iaiiil :itid
C:irnsom I'oiiit. Soiiic of tlicae Iiatilts wera bctwccii tcii üiid
tmciity iiiiles bcyoiirl tlie thrco-mi10limit.
Tlic aliore arc iiisiaiiccs \rlicrc tlic Stnt e iiitercstcrl lor.i:iccl
part of tlic Uritisli Einpire. Tlic snmc priiiciplo itiiist of iicctis-
sity npply nl~o to scilcii~nry fislicrits oii l-ianlcscl:~i?iictllis
for~igri Cforcriitiit~iits. Tlic Bey of Tiinis 1i:is, for iiist:iiice,
c1:liincrlthe csc1iisi~-criglit to tlie spoiigcs oii a bnnli oiitside tlic
tlirci:-iiiile liiiiit iifi tlconst of 1iiiiis by tlio coritiiitioiis :inil
iinqitcstioiicd ciijoyiilcnt of tlic It.itct.usof tliczc 11;711l c~S.i~cli
ciijoj.iiiriit. n*oiililcoristitiitcn titlc to' tIio liniik u-Iiicli fi)rcigi;
Stnics \~oiil(liio doiibt recnrnis+cand\voiililoldigc tthrir ii:itioiinls
to rrcogiiisc. Siiiiilnrly, Jlesiîo is anirl to Iisw Icgislnte(1 for
rcgit1:itirig lw3i.l fislicricç off tlie Jlexicnii coast thotigli otitsidc
tlit! t1ii.c~-~iiillciiiiiil.
l'lir ~ii:iiiiti-ii;~~ocf.n Statc's property riglits in slirci;i! :ii.r:is
oiitsiilrltlictlircr-iiiilc liiiiit.\\-liciiiii0i.ecstciisivr,gciic~il c1;iiito.i
so~vrrigiit~, jnrialictior\ ~1~1 pro1)crty \Tere ab:iiidiiicrl is iii t\o
w:ig iiici>iisiciriit.\vitl~tlio I,riiiciplcs laicl dobviiLy Olrl)~n~liriiii,
tlint tlic. siil)-xoil Iit.iii~-~tltilio hd of tlic olieii sen outsiilri iliu
111;1rgi1i;l7~~ltof tcrriI(wifi1~\~atci~i ss:t )ln III:III?ln11{1p!ro~~i~y
wliirli ci1111~:~r-q~iirc t11 tlie p:1~1of th 1itIor:~lSt:it(:l!ir~it~gI~
occiilt:itioii stnr-tiiig froiii tlio siili-mil bciiihnlli i.11~-liril tif illa
icrritorial ii~:iritji~itl~clt. '~'~i~~nclliiiin ~ tlic SIIL-soi1 î',~r1)tir-
I~OSPWI~ iniililig01' coii~~nu~~~c:~tiu oiicsiiistu lio tlic oii1y':iqicct
nf tlir ~)r.d)lciii~rliicliOppciilicitn lid iiimjiicl,biii the prir?ciplc;
Iio]:\YS do1v11 arc in 110 wny iiicoi!s!strtit \\.il11tlir, rc~:ogtii~ioiiof
:i rigtit ofcscliisivc.o~i-n errsiig~iflwim loiig anil iiiii1is~)iitiuI
oci-iip:itiiinci€ srtlciitnry fislicries ]jing on tlic. kiirf;icc of tlie
bcdof tlie sc:i.
1~77G11-4&1-01. 1.-f4 CONTINENTALSHELF
Annex70
PAGES1073 THROUGH 1075OF
INTERNATIOL NEAGLALMATER~AL VS, L.17, 1978
TREATY ON MARITIME BOUNDARIES BETWEEN THE UNITED STATES
OF AMERICA AND THE UNITED MEXICAN STATES .*
TheGovemment of the United Statesof Amenca andthe Government of the
United Mexican States:
Considering that the maritime boundaries between the two countries were
determined for a distance of twelve nautical miles seaward by the Treaty to
Resolve Pending Boundary Differences and Maintain the Rio Grande and
Colorado River as the International Boundary Betweenthe United Statesf
America and the United Mexican States, signedon November 23, 1970;
Takingnote of the Decree addingto Article27of the PoliticalConstitution of
the United MexicanStates to establishan ExclusiveEconomicZone of Mexico
outside the Territorial Sea, and of the Fishery Conservation and Management
Act of 1976establishinafisheryconservation zoneoff the Coastof the United
States;
Bearingin mind that, banexchangeof notesdated November24,1976, they
provisionally recognized maritime boundaries between the two countries
between twelveand twohundred nautical milesseaward intheGulf of Mexico
and the Pacific Ocean ;
Recognizingthat the linesaccepted by the exchangeof notes dated Novem-
ber 24, 1976,are practical and equitable, and
Desirousof avoidingtheuncertaintiesand problemsthat mightarisefrom the
provisional character of the present maritime boundaries between twelveand
two hundred nautical miles seaward.
Have agreed as follow:
Article I
The United Statesof Americaand the United MexicanStatesagreeto estab-
lishand recognizeas their maritime boundaries in theGulf of Mexicoand in the
Pacific Ocean,inaddition to those established by the Treaiy of November 23,
1970,the geodetic lines connecting the points whose coordinate: are
In the WesternGulf of Mexico
GM.W-1 25" 58'30.57" Lat. N. 96"55'27.37"Long. W.
GM.W-2 26"00' 31.00"Lat.N. 96' 48'29.0C"Long. W.
GM.W-3 26O00' 30.00"Lat. N. 95" 39'26.00"Long. W.
GM.W-4 25' 59'48.28"Lat.N. 93' 26'42.19" Long. W.
* The Decree addinArticle of thePoliticalConstitutiotheUnitedMexican
Statesappearsat 15ILM 380(1976).ThUSFishery ConservationandManagement
Act of 1976appearat 15ILM 634(1976). DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 505
In the Eastern Gulf of Mexico
GM.E-1 25"42' 13.05"LatN. 91 05' 24.89"LongW.
GM.E-2 25" 46'52.00" LaN'. 90"29'41.00"Long.W.
GM.E-3 25' 41'56.52" Lat. N. 88"23'05.54" Long.W.
In theacific Ocean
OP-1 32" 35'22.11" LaN. 117"27'49.42"Long. W.
OP-2 32" 37'37.00''Lat. N. 117"49'31.00" Long.W.
OP-3 .31a07'58.00"Lat. N. 118"36'18.00''LongW.
OP-4 34" 32'31.20" Lat. N. 121"51'58.37" LongW.
Thecoordinatesof the geodeticpoints referred toaboveweredeterminedwith
reference to the 1927North American Datum.
ArticlII
North of the maritime boundanes established by Article 1, the United
MeKicanStates shall not, and souofsaid boundaries, the United Stofes
Americashail not, claimor exercisefor anypurpose sovereignrightsorjurisdic-
tion over the watersor seabed and subsoil.
ArticlIII
The sole purpose of this Treattoestablisthelocation of the maritime
boundaries between the United States oferica and the United Mexican
States.
The maritime boundaries established by thisTreaty shall not affect or pre-
judice in any manner the positions of either Party with respectto the extenl of
interna1waters, of the territoriofthe highseasor of sovereignrights or
jurisdiction for any otherose.
ArticleIV
This Treaty shall be subject to ratification and shall enter into force on the
date of exchangeofthe instruments of ratification whichtakeplace in
Washington, D.C., at the earliesî possible date.
Doneat Mexico,May4,1978,inthe EnglisandSpanish languages,both texts
being equally authentic.
FOR THE GOVERNME NFTTHE FOR THE GOVERNME NFTTHE
UNITED STATE SFAMERICA UNITED MEXICA NTATES
(Signed)CyrusVANCE. (Signed[ILLEGIBLE] CONTINENTALSHELF
Annex71
[Nol reproduced]
Annex72
PAGES260THROUGH 262OF
THEQUARTERL JOURIV.~12ûS,1964(PUBLISHEBYTHE
GEOL~GICA SLOCIETOFLONDON)
Annex73
PAGES9 AND 10OF
ARTHURHOLMES ,RINCIPL ES~F~SJCALGEOGRAPH LO,NDONN ELSON,
1965
[Nor reproduced] DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 507
Annex74
PAGE S2,73AND 11 OF
WILFREGD. MOORE A, DI~IONARYOF GEOGRAPHY,
LONDON, NELSON ,965
Annex75
[Not reproduced]
Annex 76
PAGES236, 1AND 24OF
GEOGRAPHICA HLANDBOO ERIES,TUNISILONDON,
NAVALINTELLIGEN CEISION,1945
(Not reproduced]CONTINENTAL SHELF
Annex 77
[Nol reproduced]
Annex 78
[Noi reproduced]
Annex 79
[Nor reproduced] DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 509
AnnexSO
PAGE9SAND 10OF
RENATO BARTOCCINIILPORTO ROMANO DILEPTISMAGNA (BULL .ENTRO
STUDISTORI ARCH.,OL. 13, 195SUPP.)
[Nol reproduced]
Annex 81
PAGE99 OF
SAMUELFERDINAND-LO LAPTUNISIEET SESRJCNESTES,PARROGEPETClE,
1921
(Not reproducedj
Annex82
PAGE 38OF
CAMILL OREMA C.F.PARDN ANDSECOND FORANCH ".ESCRIZIO NEICAE
GEOLOGICA DELLA REGIONE",LATRIPOLITAN EITENTRIONALEVOL.1,
ROME ,913
[Not reproduced] Annex 83
PAGES246AND232 OF
ROGER COQUEAND A.JAUZEIN", HEGEOMORPHOLO ANDYQUATERNARY
GEOLOG YFTUNISIA"I, GUIDEBOO KO THEGEOLOGYAND HISTOR YF
TUNISIATRIPOL IETROLEU EXPLORATIO SNCIETOYF LIBYA1967
[Nor reproduced]
Annex 84
[Not reproduced]
Annex 85
[Norreproduced] DOCUMENTARY ANNEXES TOCOUNTER-MEMORIAL
Annex86
[Nor reproduced]
Annex87
PAGE 82OF
LOUIS FOUCHER,HADRUMETUM PARIS, PRESSES UNIVERSITAIRES
DE FRANCE,1964
[Norreproduced]
Annex88
PAGE S133THROUGH 1135OF
PIERRFEBLIXBUROLLET, MOUVEMEN TSATERNAIRES ET RÉCENTSAUP LES
KERKENNAH-TUNI SREENTALE, COMPTESRENDUSACADÉMT EES SCIENCES,
PARIS1978
[Norreproduced]CONTINENTALSHELF
Annex 89
[Nol reproduced]
Annex90
[Not reproduced]
Annex91
[Nor reproduced] DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
Annex92
BOOK V. 12. 1-4
theislands whichlieon theother side 'For off the southof Sicilythreeislands lie
out in the sea, and each of them possesses a city and harbours which can offer
safety to shipswhich are in stressof weather.The first one is that called Melit2,
which lies about eight hundred stades from Syracuse, and it possesses many
harbours which offer exceptional advantages, and its inhabitants are blest in
their possessions ;for it has artisans skilled in every rnanner of craf*,the most
important being those who weavelinen, whichisremarkably sheerand soft, and
the dwellings on the island are worthy of note, being ambitiously constmcted
with cornices and finished in stucco.with unusual workmanship. This island isa
colony planted by the Phoenicians, who, as they extended their trade to the
western ocean, found in it a place of saferetreat, sinceit was wellsupplied with
harbours and lay out in the open sea ; and thisisthe reason why the inhabitants
of,this island, since they receïved assistancin many respects through the sea-
merchants, 'shot up quickiy. in their manner of living and increased in
renown.
Afterthis island thereisa secondwhichbearsthe name ofGaulus lyingout in
theopen sea and adorned withwell-situatedharbours, a Phoenician colony.Next
cornes Cercina facing Ubya, which has a modest city and most serviceable
harbours whichhaveaccommodations not onlyfor merchant vesselsbut evenfor
ships of war.
But nowthat wehavespoken of theislands whichare tothe south of Sicily,we
shall tum back to those
*'Malta. Sicily.
The modernGozo.
' Themodern Kerkennaor Kerkenah, atthe West end of the LesserSyrtis. CONTINENTAL SHELF
Annex93
[Not reproduced]
Annex94
PAGE 1091OF
J-P.PERTHUISOT "LAMBEAU DE w' ET LA STRUCTURE
NEOTE~ONIQUE DE L'PLEEJERBA(T~~IE),coms SNDUS DE L'AC AD^
DES SCIENCES, PARI1977
[Not reproduced]
Annex95
[Nat reprohcedj DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 515
Annex%
[Not reproduced]
Annex97
PAGE 757OF
FRANK H.FABRICIUSDIETRICBHERDAUAND blU OTTO MUNNICH,
''~RLY HOLOCEN OEOIDSINMODERN LI~ORAL SANDS. ~WORKED
FROMA COASTA TERRAC E,UTHERNTUNISIA "C,IENCVOL.69,1970
[Norreproduced]
Annex 98 a
PAGE 307OF
G. BELLAICHAED C.BLANPIED"EVOLUTIO SDIMENTAIREQUATERNAIRDE
LA PLATE-FORME P~LAGIENNIN,PIERREFÉLIXBUROLLE ET AL.LA MER
P~LAGIENN GÉ.LOGIEM~DITERRANÉENNEVOL.VINO.1,PARYSBDITIONDS
L'UNIVERSI TEBPROVENC 197,9
[ht reproduced] CONTINENTALSHELF
Annex99
PAGE19 OF
C. BLANPIEDP,.F. BUROLLE T.CLAIREFON ADD MD SHIMI ,IICADRE
GEOGRAPHIQUE ET GÉOLOGIQUA. MORPHOLOGI IEB,UROLLE ET ALLA
MER PÉLAGIENNEG~OLOGI E&DITERRANÉE~NEVOL.VI,NO. 1,PARIS&, DI-
TiONSDE L'UNIVERSIDE~~ROVENCE 1979
[Nor reproduced]
Annex 100
'
PAGE491 OF
W. B.F. RYAN ANDE. OLAUSSO" N, EDITERRANE SAAN"N RHODES
WHITMOR FAIRBRIDO(EED.),ENCYCLOPEDOIFGEOMORPHOLOGY,
New YORKR , EINHOLD1,968
(Norreprodüced]
Annex 101
,.. .
PAGE4 S50;280, 221,258, AND 615OF
ROBER T.BATE SND JULIAA. JACKSONGLOSSAR OF GEOLOGY ,D
EDITIONF,ALLSCHURCH V,IRGINIA,MERICA GEOLOGICIA NSTIWE,1980
[Norreproduced] DOCUMENTARY ANNEXES TOCOUNTER-MEMORIAL 517
Annex,102
PAGES1THROUGH 23 OF .
TERENC G.CARTE ETAL."A NEWBATHYMET CHICRTANDPHYSIOGUPHY
OFTHEMEDITERRANE SAA", ID. JSTANLE YED.)ïk~ MED~R~NEAN
SEA:A NA= SEDIMENTATI LOABORATOR STROUDSBURY, ~NNSYLVA-
NIADOWDEN H,UTCHINSO AND ROSS NC,,1972
[Not reproduced]
I
Annex 103 .
[Norreproducedj
Annex104
PAGE S3AND 57 OF
G. BELLAICHAED C.BLANPIED,"APERÇUNÉOTECTONIQUE", P.F.BUROL-
LET ETALLA MER&AGIENNE, GGÉOLOG MEDITERRANÉENNEVOL.VINO.1,
PARISBDITION DSL'UNIVERSI TB PROVENCE,1979
[Not reproducedj CONTINENTAL SHELF
Annex 105
PAGE 20 OF
E.F.K.ZARUDZK '%IE STRAITOFSICILY-AGEOGRAPHIC ALUDY" ,VUE
DEG~OGRAPHIE PHYSJQUEETDE GÉQLOGIE DYNPMIOUE,VOLX. IY,1972
[Nor reproduced]
Annex106
[Nor reproduced]
Annex I(Y7
PAGE 36OF
WINNOC AND BEA ",STRUCTU RELA MERP~LAGIENN E"P.F.BUROLLET
=.Al..LAMER GIENNE NEG. GÉOLOGIE-NNE. VOL.1NO. 1,PARIS,
~DIT~ONSDE L'UNIVERSIT~ PROVENC1E 9.74
[Not reproduced] DOCUMENTARYANNEXES TO COUNTER-MEMORIAL 519
Annex 108
PAGE51OF
GOUDARZG I,EOLOG YNDMINERAR LESOURCEOF LIBYA-A RECONNAIS-
SANCE,UNITEDSTATEGSEOLOGICS ULRVE YAPER660, 1970
[Nor reproduced]
Annex109
PAG~96OF
P.F. BUROLLEATD R,S. BYWE, "R.~FLEXIOSNSLA TECTONIQUE
GLOBALE(EXEMPL AFRICAINSET M~+DITERRAN~~"OTESMEN.COMP.,
VOL.1974
[Not reproduced] CONTINENTAL SHELF
Annex 110
TEX^~SENTED BY THCHAIRMA ONTHESECONC DOMMI~EU, NWCUMENï
A/CONF.~Z/WP.~/P~T II (1975),ARTI2L
WORKING PAPEROF THSECONCDOMMI~E:.MAIN TRENDSUN DOCUMENI.
A/CONF.62/L.8/ R./APP. 1(1974),PROVIS68
JAPAN~VISED DRAFTARTICLON THECONTINENTS ALELFUN DOCUMENT
A/CONF.62/C.2/L.31/ 19v4)l
COMPROMS IUGGESTIO NYTHECHAIRMA OF NEGOTIATINGROUP 6,UN
DOCUMENT A/CONF.62/L.37 (1979)'ARTI6L7
USSR :INFORMA PROPOSAUL. DOCUMENTNG.6/8 (1979)
INFORMA SUGGESTIOBNTHE USSR, UNDOCUMENT C.~/~NFORMAL
MEETING 1/ (1978) DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 521
3. The rights of the coastal Statc ovcr ihc coniinenial
shelfdonot dcpcndonoccupation.c~ectiveornotional. oron
Deliiriitrrtird?fthe e.r<.lii.virr~riirinrir zoiie brtu t,i-i~ any express proclamalion.
ndjricerii rrr ~rpptlbileSlritr.!
4. The natursl rcsourccs rcferred to in this Chapicr
consist of thc mincral and oihcr non-living rcsoulccs of the
1. Thc dctimitation of the cxclusivc cconomtc zone sca-bcdand subsoil iogeiher withliving organisms belonping
bctwccn adjacent or oppositc Statcs stiall be cIIectcd by IO iedcntary species. ihal isto say. organisms which. at the
agrccmcni in accordancc'with cquitablc principles. employ- harvesiablc stagc.cithcrare irnmobilconor under ihc sca-hed
ing. wherc appropriate, the mcdian or tquidistant linc. and
iaking account of al1the rclcvani circumsianccs. or arc unablc io movc cxccpt in constant physical contact
wiih thc sca-bcd or ihc'subsoil.
2. If no agreement can k rcachcd within a reasonablt
pcriod of lime. the States concerncd shall rcsort to thc
procedures pmvidcd for in Pan. .. (Scttlement ofdisputes).
3. Pendingagrecment orsettlcmeni,ihc Statcsconccrncd
shall makc provisional arrangcmcnts. taking into account the The rights of the coastal Statc ovcr ihceoniinental shelf do
provisions of paragraph 1. no1affect the legal status of thc supcjaceni waters or the air
4. For the purposcs of the prcscni Convention. "median space abovc those waters.
or cquidisiani line" mcans ihc linc cvcry point of which is
cquidistani from the ncarcsi points of the baselines from Ariirle 67
which ihc .brcadth of ihc tcrritorial sca of cach Staie is
Sitbniriririe i.lihlc.\ nnd pipeliticr uii ilie ruiiii~hrdftril
measured.
5. Wherc thcrc is an agrccmcni in forcc bctwccn the
1. All States arc cntiifcd to lay submarinc cablci and
States concemcd. questions rclatingto the dclimitation ofthe pipclincs on thc continental shelf, in accordancc with thc
cxclusivc cconomic zone shall be dctcrmincd in accordance provisions of this anicle.
wilh ihc provisions of that agrcemcnt.
2. Subjeci to ils righi Io lakc rcasonable mcasuresfor the
A rticle63 exploration of the continental shclf. the crploitation of its
Chiirir nrid li.!i.\ ofproprirphir.ri1 ro-orrliirrirc\ natural resources and the prcvention of polluiion from
pipelines, the coastal Statc may not impede thc layinp or
maintenance of such cables or pipclincs.
1. Subjcci IO this Chapicr. thc outcr limii lincs of the
cxclusivc cconomic zone and the lincs ofdclimitation drawn 3. The delineation of the course for the laying of such
in accordancc with aniclc 62 shall be shown on charts of a pipelincs on the continental shelf is subjcct Io thc consent of
scalc or scales adcquaic for delcrmining thcm. Where ap- ihc coastal Siate.
.propriate, lisis of geographical CO-ordinates of points.
4. Nothing in lhis Chaptcr affects the righi of the coasial
specifying the gcodetic daium. may hc sub~iiiutcd for ruch Statc Io csiablish conditions for cable\ or pipclincs cnlcring
ouier limit lines or lines of delimitation. ils territory or tcrnional sca. or its jurisdiction ovcr cablcs
2. Thc coasiat Siateshall givedue publiciiy to suchchans and pipclincs construcicd or urcd in connexion wiih the
or lists ofgeographical CO-ordinatesand shall dcposii a copy exploration of ils coniincntal shelf or cxploilation of il<
of cach such chan or lis1 with the Sccreiary-General of the resourccs or the operaiions of artificial islands, installations
Unitcd Naiions. and structures under ils jurisdiction.
5. Whcn layingsubmarine cablcsor pipelines. Statcsshall
Chapitr IV: Contintnlal shtll pay duc regard IO cablcs or pipelines alrcady in position. In
particular. possibilitics of rcpairine cxisiing cablci or
Article 64 pipelines shall not bc prejudiccd.
Artirle 68
Thc continenlal shclf of a coastal Siaie comprises thc
sca-bcd and subsoil of the submarinc area5 ihat cxtcnd Arrifirialislrriids. insrolloiions nnd strrictiirrr uii ilic
bcyond irs territorial scathroughoui the natural prolongation rontinrntril shelf
orits land territoryIOthcoutcrcdgcofihecontinental margin.
Anicle 48 applics mitroiir micriindi.%toartificial islands,
or io a distance of 200nauiical miles from the basclines from
which ihc brcadth ofthc territorial seais mcasuredwhcrc the installaiions and structures on the contincntal shelf.
outcr cdge of the coniincntal margin does noi cxtend up Io
that distance. Article 69
Article 65
Thecoastal Statc shail havethc exclusive right Io authorirc
and rcgulatc drilling onthccontinenaal shelf forall purposes.
1. The coasial State cxtrcisca ovcr the continental shelf
sovcrcign rights for thc purposc ofexploring it andexploiting
its naiural resourccs.
2. The rights rcferred to in paragraph I arc cxclusivc in
ihc scnse that if the coasiat Statc docs not explore the
contincntal shclf or crploii ils natural rcsourccr. no one may
undcrtakc thcsc actiiities without the exorcss consent of the 1. The coasial State shall makt paymcnts or coniribu-
coastal Statc. tions in kind in respect of the exploitation of the non-living 522 CONT~NENTALSHELF [1621
species and cake into Jccount the respunsibilitics of rhe 3. Cmstal Statc penalties for viola1K)ni of fisixries
S~atc mentioncd in parqraph 1 for the maintenance of regularions in ihc rxclusive economic zone may not indudc
ihcsc spccics. irnprisonmcnt, in the abvncc of agreement to the wntrary
by the Slaics concerned. or any othcr form of corporal
punishnicnt.
The provisions of thh part shaU not apply to sedentan' 4. in cases of arrest or derenrion of foreign. versels the
spc+s asdcf'inedin Micle 63.paryraph 4. coastal Statc sliaU proniptly nolify. through appropriate
ehannels. thc State of rcgistry of the action takcn and Of
Arncle $7 any ptnaltics subscqucntly imposed.
1. Land-lockcd Staics hall have the right to participate
in thc cxploitation of the living resourccs of the erclusivc
cconomic zones of adjoining coastal Statcs on an cquitable 1. The delimitaiion of the cxclusivc cconomic zonc
bas&, taking into account the relevant cconomic and betwcen adjsçcnt or opposiic Statcs shaU k cffcctcd by
gcographic circumstanccs of dl the States cnnctrncd. The agreemen t in accordanec with equitablc prmciplcs, cmploy-
tcms and conditions of such pariicipation shdl be dctcr- ing, whcrc appropriale. the mcdian or equidistancc line.and
mined by the States conccrncd through bilateral. sub- taking acsoiint of al1ihc relevant circumstanccs.
rcgional or regional agreements. Devcloped Iand.lockcd
SIP~CS $halli howevfr, be cntitled to excrcjv thcir righls If no agreement can b6 fetchcd wiihin a reawinabie
2.
only wiihin thc exclusive cmnomic zones of ncighbouring pcriod of tinic, the Slaics concïrncd shalt rcrori to the
dcvclopcd caastal Statcl. proçcdurrs providcd for in pan. .. (Scttlement of
1 disputes).
2. The provision: of this articlc arewithout prtjudice ta
the provisions of articles 50 and S1. 3. Pendinp. agreement. no State is cntitled to cltend ils
cxclusivc cconomic zone heyond the median line or the
Article58 cquidisrancc lue.
1. Dcvcloping coasial States which arc situated in a 4. For the purposcs of this article. "median lincmmeans
subregion or region whov gcognphiczl pcculiarities mnkc the lint tvery point of which isoquidirtant from the neatest
ruch States particularly depcndcnt for the satisfaction of points of the basclines froni which ihc brcadth of the
the nutritional needs of thcu papulations upon the cxploi- territorial sca of each S~aiISrncasurcd.
tation of the living rcsourccs in the exclusive economic
zrines of thcir neighbouring States and dwcloping coastal 5. In dclimiting the boundaries of the exclusive eco-
States which can clam no cxclusivc cconomic zones 01 nomic zonc, iny lincs which arc drawn in accordancc widi
theu own rhaU have thc right to prrticipate, on an cguitahlc thc provisions of this article should k defincd with
basis. in the exploitation of living rcsourccs in the exclusive rcfercnce IO climts and popraphiçal fcaturcs as thcy cxisr
cconomic zoncs of othcr States in a sub:egion ot region, al a particular date, and refcrence should be madc to fixed
permanent dcntifiable points on the land.
2. The tcms and conditions 01such participation shill
be detcrmincd by the Siatcs conccrncd through bilatcral. 6. Whcre rlierc is an agrcemeiit in forcc hetween the
subrcgional or rcgional agrccmcnts, taking into accouni the Stales conccrncd. questions rclnting to Ihc delimitation Ol
nlcvant cconomic and gcopaphic circurnstanccs of aU the thc exclusive ccononiic zone shall be dticnnined in
States concerned. including ihc nced to avoid cffccis accordance witli the provaions of lhat agreement.
detrimental ta the fishing communitics or to the lishing
industries of thc States in whose zones the right of
participation isexereircd.
3. The prwisions of Illis ariicle afe without prejudice ro
the provisions of articles 50 and51. P.xi IV: Conrinenial shelf
Thc contincntal.shelf of a coastai tat comepnvs thr.
Righis grantcd undcr the provisions of anicks 57 and 58 rea-bcd and ~iibsoil of the riibniarinc arcss that sxtcnii
10 exploit living rtsourcts cannot without the cxprcs bcyond its terriion~l sca ihroughout tlie natucal proion-
conseni of the coastal slatc be transferrcd to third States or ~ation of its land tcrrilory 10 the oriter edge of thc
thcir nationah by lcase or liccncc. by dtablishing joint continental niargin. or to 3 distance of 300 nautical mile.
coiiaboraiion ventures or by any othcr arrangements.
from thc Liaseiincsfroiii whish the hreadih of the territorial
WP is incasurcd u.hcrc Ihc uulcr cdcc of the conuncntal
niargin does nui extcnd up In thatdistance.
1. The caastal State rnay. in lhe txtrciw of itr sovercign
rfhts to explore. exploit. conserve and manage the livmg
rrsourccs in the exclusive economic zone, takc such I. The cnxral Statc cxitrciics ovcr (lie contmental shcli
measures, including boarding. inspection. arrcst and judiç~l soverc1:n rifhts lor the purpose oi cxploring it and
procccdings. as may be necessaw to cnsure cornpliancc wirli evpiuitlig ils narural rcsources.
the laws and rcgulations rnacted by it in confonniiy with
the provisions of Ihc preunt Convention. 2. Tlic riplits rcicrrcd ro in paragraph Larc cncluiive ir
thc sense that if the ioastal Siare dot$ not explore Ihv
2. hrrtried vcswls and iheii crm rhdl be prompily contlncnial shcil or cxploii its nalural rcsourccs. no onr
rclcascd upon the posrtng of rtasonablc bond or othcr iiiav undcrralç these a~tivirics wirhuur rhc expressconscrit
nt-urity. of ihc co~sial Siaii.. il631 DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 523
3. The rigiits of the coastd Stitc over the mntincntal non-living rcrourca ot ltic contuicn~al shclf beyond ZQ3
Ibr1t.d~no( depnd on occupation. effecuve ~t noriand, or na~iticalrnilcs irom tlic bssclincs fmm which IIicbrcadih of
onMY exprerr~proclamation the territorisep isnieasurcd.
1. The naturd remurcu mlcmd' to in thoc uticles 2. The rate ofpaynicnt or canlritiulion shtU be ... per
cm%islof the mineril and other non-livingruourçes of thc cent of the Y~~UC or votumc of prduciion ai the site,
Pmduct,ion does not include rcaourccs UYJ in connexion
wbkd mil rubroil tqeiher with tiviq ortmimis belowing
10Icdentary ~pccisr,that u to uy. orpn*mr which, at the mth exploitation.
brrrcrtibk stage. tither ue immobile on or undtr the
shed or ue mble to moie cxcept. inconslani phyrid 3. The Intcmational Authority shall dotermine the
miici With the r,bd or the aibsoil. extcnt to which dcvcloping counirics shall be obliged to
mke piymenis or coninbutions provided for in pinglaphs
1and 2.
The mir of the coaitil State over the mntibenlll rfielf 4. The payrnenis or conrnbutions provacd for in
do mi affect the Id $talus of the $upcnactnt witen or paragnphs 1 and 2 aliaU be made to the lnicrnationil
theiirWaceabove thov witerr Authority an lems and prwcdurcs to bcagrced upon wiih
the Auihoriiy in csch case. Tlie Internalional Authority
shaUdistribute thesc payrncnts and coninbutions on ihc
1. All States shaU bc cniiiied Io Iiy submarine ublcs bru of equiiable sharing criteria. taking into account the
andpipelimaon the wntinent.l &If. intcrcsts and nctds of dcveloping countriea
2. Subjtct to iu nght to tee relionable measuns for
the cxploitaiion of thc aintinental rhelf. the exploitaiion Article 70
of iis rwiurd rewrircu and the prcvcniion of pollution
immpipetines, the coaaul State rniy not impede the Iiyui~ 1. The delimitation of the continental shelf beiwcen
ofmintirunce of aieh cnbkaor pipelines adjinnt or opposite Starcs shail beaffectcd by Uttement
inaccordanoe with equirable principlcs. empioyins. whcre
3. The delincation of the coursefor iha layuil of such appropriate, the median or equidistance lina. and t&mg
piplinn on the continentil &If ir nibjcci to iht mwni account of aUthe relevant circumstancc%
.olihr Wastil Siale.
2. If no agreement can be reached within a %oronable
priod of time, the States conccmcd shdl mort to the
4. Noihins in thu pari Ifid1 affect the mt of the procedures providcd for in put. .. (Sctrkment of
coiriil Staie to ertiblish conditions for cables or pipeliner
mterina ils territory or territoihl sea. or itr jurudiction diiputar).
acr tables and pipeünes conrtnicred or u+d in connexion
iilh the explonlion ofitsmniincnial Sieu or exploitaiion 3. Pending agreement, no Stalc ir cnttiled to extend its
01 ils remurca or the opcrations of rnificd irlrnb, continental shclf kyond the rncdian lule or Ihc equi-
imtaUaiionrmd struciurea under itsjuridiction. distance line.
3. When hyms nibmarine ables or pipelines, States 4. For the purCloiesof this artide, "mcdian Line"means
JuU piy due ward to cabbs or pipelines llrcady in the lineevuy point of which iscquidisiant frorn the neamt
Wiioi In puiicular. polfibilitics of rcpairingexirting points of the baselines irom which the brcrdih oi the
ubks,u pipetinesdiaUnot be prejudiccd. temtoriai PP of each $inte ir mcaarred.
5. In dclimiting the boundarics of the wntinentat shell.
Article 66 any lines which ;usdrawn in accordance wiih the provisions
The provisions of article 48 shaiî appttiutarn musndu of this article shouldbç defined with rcftrcnce IO chms
and gcographical fcaturcs as iliey exist at a particulru date,
to artificial idin&.installation$md stn~ctuies on the and refcrenct should bc niade ta lucd permanent idenii-
mntkntal sbell.
fiable points on theland.
6. WiKrethcic isan asrctment in force bciwrsn the
The coirtal State shall hsvc the exclusive rŒht to States mncerned. questions reiaiing io ihc drliinitation of
nith0rtZemd rqulatt dtiilLy on the continental rtictf for the continental shelf shaP bc dciemincd in accorduice
anpi- with the provision3of thai agreement.
Article 68
Thc masial Strte shaii, with respect to the artificial
!dan&, instriiaiions and smictures and seaded activities The provjsions of anicic49 rhaU apply rniirairiiirrandu
rubitcl to its jurisdiction. takc appropriate memires for thto rcscarch concernuie thc continental shelf and undcriaken
pmtectwn of the marine cmuonrncnt from polluiion, and thert.
tilniie mmpliance wiih appropriale minimum intcmational
nquiremcnts provided for in part. . . (Prcscrvation of the
mnne en+~onmentl id with othtr applicable interna-
liaiaistîndardr
Tlie prwisions of this part shallnot prejudirhc righi of
ihc coastil State Io cxploti thc rubsoil bv means of
1. The masial Slatc shaU niake paymtnts or contri- runnilling. rmipcciivt oi the .depth of wter lhavc the
buinml in kind in respect of the cxploitaiion of the subsoil 526 CONTINENTALSHELF II
5. In thc arc of aioils or of irlands having fringinp rccfs. B. TEHRIT~RI~ I.~DCRFIIPEIGN D<)MINATI~ riIu\
the baxlinc for mcasuring the brcadih of the territorial rra colr;~no~
shill k thc scaward cdgc of ihe rccr. as shown on official
charts. ' In rcspcci ol a tcrriiory whose pcoplc have altaincd nciihcr
provisionî arc intendcd bc without prcjudicc to
quesiion or dclimilationof islandoccsn Ipacc as bctwccn full indcpcndcncc nor somc olhcr ~clT-~nvcrnings'iaiu?.fol-
idjaccni or or in ipccial circumstancç,, lowing an aci or self-dcieminaiion undcr ihc auspices of ihc
Nor do thcy purport United Nations. the righis to the raourccs of thc cconomic
dcal with rigimr of iflandsapp,.i- zone crcatcd in respmt OIihat tcrriiory and Io thc rcsourccr ol
an arEhipelaeic Statc or to prchipclaeo or its coniincntal shclfarc vcsicd in the inhabiiants of thai vrri-
a coastalçlaic. or ofa frinpc ofislandsalonsa in tory to bc cxcrciscd by thcm for their bcncfiiand in accordancc
irnmcdiaic viciniiytdcrrtd in 4. paragraph I.or
thc 1958 G~~~~~~~~~~~~i~~on thc T~~~~~~~~S~c~ a and the with ihcir nccds and rcquircmenis. Such righis may no1bc
Contiguous Zone.]" assumcd. exrrcised or profilcdfrom or in any wayirifrinpcd b)
a mrtropolitan or forcign powcr adminisicring or occupyinp
"Unitcd h'aiionb. I'rraii Sprvol.516.p. 206 ihat ierriiaq.
DOCUMENT A/CONF.62/C.2/L.JI /Rcr.l
Jspan: reviscd drifl irticle on the conlintntal shelf
[Original: English ]
[16 Augusr 1974
1. The coastal Siatc cxcrciscs sovercign righis ovcr thccontincnial shelf (thecoasial sca-
bed area) for the purposc of cxploring ii and cxploiiing iis rnincral raourccs.
2. Thc ouicr limii of the coritincntal shcll (thc coasial rca-bcd arca) shall noi txcccd a
maximum distancc of 2W nautical miles rrom ihc hasclinc for rncasuring the brcadih of the
icrrilorial sca as Sc1oui . . .
3. (0) Whcrc the coasis of IUO or more Sraics arc adiaceni or ouposiic Io cach othcr. tht
delimiiation of ihc boundary of the coniinrntal shelflihc cksiâl sra-b;d area)appcrtsining la
such Siatcs shall bcdctcrmincd by agrcemcnt bdwctn ihcm. iakinp inio account ihc principlc
of cquidistancc.
(h) Failing such agrecrncni. no Staic is cniiilcd io cxttnd its sovcrcign rights ovcr thc
coniincntal shclf (Ihc coaslal sca-bcd arca) bcyond ihc mcdian linc. cvcry poini of which is
cquidisiant Irom ihc neartsi poinis of the basclines. coniincntal or insular. from which ihc
breadth of the territorial sta of cach Staie is mcasurcd.
4. Nothing providcd hcrcin shall prcjudicc thc cxistingagrccrncnts bciwccn the coasial
Staics conccrncd rclating io thc delimitaiion of the boundary of thcir respective contincnial
shclf (coasial sca-bed arca).
DOCUMENTAlCONF.62/C.2/L.32
Greece: drnft articles on the cxclucive cconomic zonebeyond the tcrritoiimlsen
( Original:English]
[Jl Ju!! 19741
The provisions applicablcfor ihc dcicrmination of ihc cconomic zont ofa Stateareas a
gcncral rulc applicable io its islands.
1. Whcrc iht coasts of IWO or more States are adjacent or opposiie to cach othcr and the
distance bctucen ihem is les*ihan double ihc unifom hrcadih providcd in this Convcniion.
thedtlimiiaiion of thcir cconomic zoncs and of ihcir sca-bed arcas shall bcdctcrmincd by
agrccmtnt among thcmsclics.
2. Failing such agrccmeni. no Staic iscniiilcd10 exicnd its rights ovcran cconomic lont
and sca-bcd arca bcyond tht limiis 01thc mcdian linccvcry poini of which iscquidistant from
thencarcst poinis of the basclina. coniincntal or insular. from which thc brcadth of thcabovc
arcas of cach of ihc two Staics is mcasurcd. DOCUMENïARY ANNEXES TO COUNTER-MEMORIAL '527
COMPROMISE SUGGESTIONS BY THE CHAIRMAN OF NEOOTIATING GROUP 6
AMBASSADOR ANDRES AGUILAR (VENEZUELA)
Article 76
Definitionof the ContinentalShelJ
1. Thecontinental shelfofacoastal State comprises thesea-bed and subsoilof
the submarine areas that extend beyond its territonalsea throughout the natufal
prolongation of its land territory to the outer edge of the continental margin, or
to a distance of 200nautical milesfrorn the baselines from which the breadth of
the territorial sea is measured where the outer edge of the continental margin
does not extend up to that distance.
1.bis. The continental shelf of a coastal State shall not extend beyond the
lirnits vrovided for in- -.anravhs 3 and 3 bis of this article.
2. The continental rnargin comprisesthe subrnerged prolongation of the land
massof the coastal State. and consists of the sea-bed and subsoilof the shelf,the
slope and the rise. It does nit include the deep ocean floor nor the subsoil
thereof 1.
3. For the p;rpose of this Convention, the coastal State shall establish the
outer edge of the continental margin wherever the rnargin extends beyond 200
nautical milesfrom the baselines frorn whichthe breadth of the territo'hl sea is
measured, by either :
(a) A line delineated in accordance with paragraph 4 by reference to the
outermost fixed points aleach of whichthe thicknessof sedimentaq rocks
is at least 1per cent of the shortest distance from such point to the foot of
the continental slope ; or,
(6) A linedelineated in accordancewith paragraph 4by reference to fixedpoints
not more than 60 nautical miles from the foot of the continental slope 2.
Inthe absence of evidence to the wntrary, the foot of thecontinental slope shall
be deterrnined as the point of maximum change in the gradient at its base.
3bis The fixed points cornprising the line of the outer limits of the conti-
nental shelf on the sea-bed,drawn in accordance with subparagraphs (a)and (b)
of paragraph 3, shall not exceed 350 miles from the baseline from which the
breadth of the territorial sea is measured, or, not to exceed 100miles from the
2,500-metre isobath, which is aline, connecting the depth of 2,500 metres.
4: The coastal State shall delineate the seaward boundary ofits continental
shelf wherethat shelfextends beyond 200nautical milesfrom the baselinesfrom
which the breadth of the territorial sea ismeasured by straight lines not exceed-
1 General understandin has been reached to the effectthat on the question of
undenvateroceanicndgestfierewillbcadditionaldiscussionanda rnutuallyacceptable
formulation tobe includedin Article76 willbe drawn up.
2 Thesuggestionof the delegationof SriLankaforan additionalmethodofdelirn-
itation applicableto its geologicaland geomorphologicalconditionsreceivedwide-
spreadsympathy.However,thematterhasbeenleftfornegotiationat theforthcomng
session the Conference.528 CONTINENTAL SHELF
ing 60nautical milesinlength,connecting fixedpoints, suchpointsto be defined
by CO-ordinatesof latitude and longitude.
5. Information on the limits of the continental shelf beyond the 200-miie
econorniczone shall besubmitted by the coastal State tothe Commission on the
Limits of the Continental Shelf set up under Annex on the basis of equitable
geographic representation. The Commission shall make recommendations to
coastal States on matters related to theestablishment of the outer lirnitsof their
continental shelf.The limits of theshelfestablished by acoastal State taking into
account these recommendations shall be final and binding.
6. The coastal State shall deposit with the Secretary-General of the United
Nations charts and relevant information. induding geodetic data, permanently
describing the outer limits of its continental shelf. The Secretary-General shall
give due publicity thereto.
7.The provisions of this Article are without prejudice to the question of
delimitation of the continental shelf between opposite or adjacent Staies.
Arricle78 bis
Exerciseof the Rightsof the Coasta/Store
The exerciseof the rights of the coastal State over the continental shelf must
not infringe, or result inany unjustifiable interference withnavigation and other
rights and freedoms of other States as provided for in the present Conven-
tion.
Article 82
Paymentsand Conrribufions wirhRespectto the Exploitationof
the ConzinenzalSheifBeyond200 Miles
1. Thecoastal Stateshall rnakepayrnentsorcontributions inkind in respectof
the exploitation of the non-living resources of thecontinental shelf beyon200
nautich mites from the baselinesfrom which thebreadth of the territorial sea is
measured.
NG6/8
18Apnl 1979.
USSR :INFORMAL PROPOSAL
Article76
Definitionof the ContinentalShey
1. Thecontinental shelfof acoastal Statecomprises the sea-bedand subsoilof
thesubmarine areas that extend beyond itsterritorial sea throughout the naturaI
prolongation of its land territory to the outer edge of the continental margin, a
distance of 200nautical miles frornthe baselines frorn whichthe breadth of the
territorial sea is measured where the outer edge of the continental margin does
not extend up to that distance. DOCUMENTARYANNEXESTO COUNTER-MEMORIAL 529
1 bis. Thecontinentalshelfojcoasta1Statesmaynotinanycircumstuncesextend
beyondthe limitsprovidedfor inparagraphs 3 and 3 bis of this article.
2. The continental margin comprises the submerged prolongation of the land
massof thecoastal State, and consists of the sea-bed and subsoil of the shelf, the
slope and the rise. It does not include the deep ocean floor, the subsoil thereof,
nor undenvater oceanridgesand the subsoilthereof:
3. For the purposes of this Convention the coastal State shall establish the
outer edge of the continental margin wherever the margin extends beyond 200
nautical miles fromthe baselines from which the breadth of the territorial sea is
rneasured, by either :
(a) a line drawn in acwrdance with paragraph 4 by reference to the outer fixed
points at eachof whichthe thicknessofsedimentary rocksisat leastl% of the
shortest distance from that point to the foot of the continental slope ;or
(6) a line drawn in accordance with paragraph 4 by reference to fixed points
more than 60 nautical miles from the foot of the continental slope.
In the absence of evidence to the contrary, the foot of the continental dope
shall bedetermined as thepoint of maximum change inthe gradient at its base.
3 bis. Thefixedpoints comprisingthe line of the outer Iimi! of the coniinental
shelf on the sea-bed, drawn in accordance with subparagraphs(a) and (b) of
paragraph3, miat besituatedara distanceeithernot exceeding100nauricafmiles
from the line on the sea-bed, correspondingto the outer limit of the 200-mile
economiczone,ornotexceeding60nauticalmilesfromthe2,500-metreisoburh,isa
line connecting depthsof 2,500 metres.
4. The coastal State shall delineate the seaward boundary of its continental
shelfwherethat shelfextends beyond 200nautical milesfrom the baselinesfrom
which the breadth of the territorial sea ismeasured by straight lines not exceed-
ing60 nautical milesin length and connecting fixed points on the sea-bed ;such
points shall be defined by CO-ordinatesof latitude and longitude.
5. Informationonthelimitsofthecontinentalshelfbeyondthe200-mileeconomic
zone shall besubmirredby the coastalState to the Commissionon the Limits of
the ContinentalShelf set up underAnnex on the bmis ofeqüitublegeographic
representation.The Commissionshollmake recommendationsrocoastalStates on
mattersrelatedtotheestablishmentof theouterlimitsoftheir continentnishelf:The
limits of the shelf estabIlshedby a coastalState taking into accouniihese recom-
mendationsshall bejïnal and walterable.
6. The coastal State shall deposit with the Secretary-General of the United
Nations charts and relevant information, including geodetic data, permanently
describing the outer limits of its continental shelf. The Secretary-General shall
duly publish them.
7.The provisions of this article are without prejudice to the question of
delimitation of the continental shelf between opposite or adjacent States.
Article 80 (new wording)
1. The exerciseof therightsof thecoastal State regarding thecontinental shelf
must not infringe or result in any unjustifiable interference with the exerciseof
navigation and other rights and freedoms of other States; the exerciseof navi-
gation and other rights and freedornsof other States must not infringe orresult
inanyunjustifiableinterferencewiththe exerciseof therights of thecoastal State
regarding exploration and exploitation of the natural resources of the continen-
tal shelf.530 CONTINEN~AL SHELF
2. Without prejudice to the provisions of paragraph 1, Article 60 applies
mutatis mutandis to artificial islands, installations and structures on the conti-
nental shelf beyond the economiczone.
3. Any artificial islands, installations and structures constructed on the con-
tinental shelf shall be used exclusivelyfor peaceful purposes.
Article82
2. The third sentenci of paragraph 2 should read as follows: 'The rate shall
increase by one per centfor each subsequent year until the twelfth yearand shall
remain at seven per cent thereafter."
Articie258 bis
Articles 247, 249, 250 and 255 apply mutatis mutandisto marine scientific
researchof direct significanceforthe exploration and exploitation of the natural
resources of the continental shelf in areas beyond 200 nautical miles from the
baselines from whichthe breadth of the territorial sea is measured. Articles249,
250and 255applymutarismutandisto other scientific researchon this part of the
continental shelf.
NG6/ 1
1 May 1978.
INFORMALSUGGESTION BY IRELAND
Article 76
Definition ofthe ContinentalSheq
1. Same as ICNT, viz. :
The wntinental shelf of a coastal State comprises the sea~bedand subsoil of
the submarine areas that extend beyond itstemtorial sea throughout thenatural
prolongation of its land territory to the outer edge of the wntinental margin,or
to adistance of 200nautical milesfrom the baselinesfrom which the breadth of
the territorial sea is rneasured where the outer edge of the wntinental margin
does not extend up to that distance.
2. The continental margin comprisesthe subrnergedprolongation of theland
massof thecoastal State,and consistsof the sea-bed and subsoil of the shelf,the
slope and the nse. It does not include the deep ocean floor nor the subsoil
thereof.
3. For the purpose of this Convention, the wastal State shall establish the
outer edge.of the continental margin wherever the margin extends beyond
200nautical milesfrom the baselinesfrom whichthe breadth of thetemtorial sea
is measured, by either :
(a)A line delineated in accordan. with paragraph 4 by reference to the
outermost fixedpoints at each of which the thickness of sedimentary rocks
is at least1per cent of the shortest distance from such point to the foot of
the wntinenta! slope ;or, DOCUMENTARY ANNEXESTO COUNTER-MBMORIAL 531
(6) Alinedelineated inaccordancewith paragraph 4by referencetofixedpoints
not more than 60 nautical miles frorn the foot of the continental slope.
In the absence of evidenceto thentrary, the foot of thecontinental slopeshall
be determined as the point of maximum change in the gradient at its base.
4. The coastal State shall delineate the seaward boundary of its Continental
Shelfwherethat Shelf extendsbeyond 200nautical milesfromthebaselines from
which the breadth of the territorialisemeasured by straight linesnot exceed-
ing60nautical milesin length,connecting fixedpoints, suchpoints tobe defined
by CO-ordinatesof latitude and longitude.
5. Every delineation pursuant to this Article shall be submitted tCon-e
tinental Shelf Boundary Commission for certification in accordance with
Annex .Acceptance by the Commission of a delineation so submitted in
accordance withAnnex and the seaward boundary so fixed, shallbe fiand
binding.
6. The coastal State shall deposit with the Secretary-General of the United
Nations charts and relevant information, including geodeticdata, permanently
descnbing the outer limit of its Continental Shelf.The Secretary-General shall
give due publicity thereto.
7. The provisions of this Article are without prejudice to the question of
delimitation of the Continental Shelf between opposite or adjacent States.
NG6/2
11May 1978.
iNFORMAL SUGGESTION BY THE ARAB GROUP
Article 76.DefinirionoftheContinentalShelf
The continental shelf oa coastal State comprises the sea-bed and subsoil of
the submarine areas that extend beyond its territorial seathroughout the natural
prolongation of its land territory to a distance of nautical miles from the
baselines from which the breadth of the territorial sea is measured.
INFORMALSUGGESTlON BY THE USSR
Part Vf
Article 76
The continental shelf of a coastal State comprisesthe sea-bed and subsoil of
the submarine areas that extend beyond its temtorial seathroughout the natural
prolongation of itsland territory to theouter edgeof thecontinental margin,but
notfurtherthon 100 nautiralmilesfrom theouterlimitof the200-mileeconomic 532 CONTINENTAL SHELF
zone, or toa distance of 200 nautical milesfrom the baselinesfrom which the
breadth of the territorial sea is measured wheretheuter edgeof the continental
margin does not extend beyond the outer limit of the 200-mile zone.
The Sovietdelegationdeemsit necessarytopropose that the outer edgeof the
continental shelfshould be definedwithreferenceto aprecisedistancecriterion,
by fixinga specificmaximum distanceof up to 100milesbeyond thelimit of the
200-mileewnomic zone.Thiswould rnakeit possibletodetermineexactly where
the continental shelfof a particular Stateends and wherethe international area,
Le., the area proclaimed to be the comrnon heritage of mankind, begins.
For this reason itis suggestedthat the words "but nofurtherthan100 nautical
milesfrom the outeriimit ofthe2Oû-mileeconomic zone" shouldbe insertedin the
existingtext of Articie 76 after the words "to the outer edgeof the continental
margin".
Withintheindicated 100-milestripbeyond thelimit oftheeconomiczone,any
scientificallyound geological and geomorphological data could be used to
determine the ~reciselirnitsof the continental shelfoa varticular State, and in
cases wheresuchdata are not available,paragraph 3(b)of the Irish amendment
submitted at the fourth sessionof the Conferencewuld be applied.
Thus, accordingto theproposed formulationtheouter edgeofthecontinental
shelf would bc determined in the followingrnanner :
(1) Wherethecontinental rnargindoesnot extendbeyond theconfinesof the
200-mileeconomiczone,the edgeof thecontinental shelfwilllie dong the outer
limit of the economic zone.
(2) In cases wherethe edgeof the continental margin extends less than 100
miles beyond the outer Limitof the 200-mileseconomic zone, the continental
shelfof the coastai State willbe detennined on the basisof scientifically-sound
geologicaland geomorphologicaldata. If suchdata are not available,the outer
, edgeof the continental shelfwillbe determined in acwrdance withparagraph 3
(6)of the Irishamendment("not morethan 60nauticalmilesfromthefoot of the
continental slope"), on the understanding, however,that the edge of the conti-
nental shelfshall not under any circumstancesbe fixedat more than 100miles
beyond the outer lirnit of the 200-mile economic zone.
(3) Wherethecontinental marginextendsbeyond the 100-milestrip adjacent
to the 200-mileeconomic zone,theedgeof the continental shelfwillbe fixed ata
distance of 100miles from the outer Limitof the economic zone.
Consequently, accordingto the suggestedformula the 100-mileextension of
the continental shelf.beyond the outer lirnit of the 200-mile economic zone
represents amaximum limit beyond whichno State may exerciseits sovereign
rightsover the continental shelf. DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL
Annex 111
REPOR TF THECHAIRMA ON THEWORK OFNEGOTIATIN G ROUP 7, UN
DOCUMENT NG.7/39 (1979)
STATEME NYTTHECHAIRMA MNADEAT THEZXTH MEETING ONNG.7 PRE-
PARED FOR THE LASSERIEOF NEGOTIATIONS OF THE GROUUN DOCUMENT
NG.7/26 (1979)
MEXICO I, FORM PROPOSAL,UN DOCUMENT NG.7/29 (1979)
REPORT OF THE CHAIRMAN ON THE WORK OF NEGOTIATING
GROUP 7
The Negotiating Group was established in abcordance with the decisions
taken by the Plenary at its 90th meeting on 13rApril 1978 (document A/
CONF.62/62) to deal with the hard-wre issue of delimitation of maritime
boundaries between adjacent and opposite States and settlemenl of disputes
thereon. AccordinglytheGroup wastoiderArticles 15,74,83 an(a)97 1
of the ICNT. In itsworkthe Group had to take into account that for thepossible
modificationorvisioftheICNTonly suchsolutionscouldbesuggested,asa
resultof theGroup's deliberations,whichcouldbe found toantially
irnprovedprospectaconsensus.During the seventhand eighthsessionsof the
Conference the Group convened in a total of 41 meetings, withg
documents being distnbuted in the course of its discussions.
Article 15
Asstated in myreport of 11973(documentNC7/21), therewould seem
to be widespread support to the retention of the present formulation, in the
ICNT, of Article 15with twodrafting amendments.Accordinglythe text would
read as follows:
Where the wasts of two States are opposite or adj~ent to each other,
neither of the twoStates isentitled, fading agreementbetweenthem to the
contrary, toend its territorial seabeyond themedian line everypoint of
whichsequidistafromthenearestpointson thebaselines from whichthe
breadth of the temtorial seas of each of the two States is measured. The534 CONTINENTALSHELF
aboveprovisiondoesnot apply, however,where it is necessary by reasonof
historic title or other specialcircumstancesto delimit the territorial seasof
the two States in a way which is at variance therewith.
From theoutsetthenegotiationswerecharacterizedby theopposingpositions
of delegations supporting the equidistance rule and those specificailyempha-
sizingdelimitation in accordancewith equitable principles.
At the end of the seventh session1stated in my report (document NG7/24)
that during the discussions generalunderstanding had seemed to emerge to the
effect that. in broad terms, the finalsolution could contain the followingfour
elements :(1)areferenceto theeffectthat any measureof delimitationshouldbe
effectedby agreement ;(2) a reference to the effect that al1relevant or special
circumstancesare to be taken into account in the processof delirnitation ;(3)in
some form, a reference to equity or equitable pnnciples ; (4) in sorne form, a
reference to the median or equidistance line.
This scheme wasfurther referred to in my statement at the beginningof the
present session(document NG7/26), wherein Ialso expressedthe viewthal the
necessarycompromisernight be within reach if the Group could agree upon a
"neutral" formula avoidingany classificationor hierarchy of the elementscon-
cerned.
During the present session a number of compromise proposals were made,
particularly by the delegationsof Mexicoand Peru. At least one of them, that
contained in documentNG7/36, received a faiarmount of interest asa possible
buis for further negotiations.The proposal, as wellas a revisedversion thereof
(document NG7/36/Rev.l), was, however,later withdrawn by its sponsors.
Despiteintensive negotiations,the Group did not succeedin reaching agree-
ment on any of the texls before it, The reasons why the vanous compromise
efforts made dunng the Group's workdid not succeedhave been clearlyvoiced
by different delegations.1willnot, of course,cnticize those reasons,beingmost
important to therespectivedelegations,but personally Idoubt, whether, inview
of our lengthy deliberations and taking into acwunt the controversies still
prevailing, the Conference may ever be in a position to produce a provision
which would offer a preciseand definite answerto the question of delimitation
--i....a.
In the light of the various suggestionspresented, and assuming that, in one
formor another, negotiationson the issueof delirnitationare to be continued at
the next stage of the Conference, the following text isoffered as the Chair's
assessmentof a possible basisfor a compromise :
The delirnitation of the exclusiveeconorniczone (or of the continental
shelf) betweenStates with oppositeor adjacent coasts shaIlbe effected by
agreement betweenthe parties concerned, taking into account al1relevant
criteria and specialcircumstances in order to arrive at a solution in accor-
dancewithquitable principles,applyingthe equidistanceruleorsuchother
means as are appropriate in each specific case.
Articles74/83 13)
Aspointed out inmy before-mentionedstatement at thebeginningof the
present session. the question of a rule on interim measures to be applied
pending final delirnitation has been approached from different angles. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 535
Somedelegationsdid not wnsider sucha provision necessary at all.Others'
advocated inclusion of provisions obliging or encouraging the parties, hav-
inga delimitation problem, to agree on provisional arrangements pending
final delimitation. A number of delegations also found it necessary to
suggestprohibitive mies against arbitrary exploitation of naturd resources
or other unilateral rneasures within the disputed area.
In addition to previous proposals several new formulations were intro-
duced at thepresent session.In this regard maininterest wasaccorded tothe
proposa1by India, Iraq and Morocco, contained in document NG7/32, as
well as the proposal by the Chair (docùment NG7/38) presented after
consultations in a private group composed of the three delegations men-
tioned aboveand thedelegations of the Union of SovietSocialistRepublics,
and the Ukrainian Soviet Socialist Republic.
Though theseproposals seemedto signifya stepforward in the searchfor
a compromise, they did notgain such widespread and sübstantial support
that wouldjustifyarevisionof the ICNT. In viewof the cornrnentsmade, it
would seemthat the most seriousdifficulty with theseproposals concerned
theprohibitive references therein to activities or measures potentially to be
taken dunng the transitional period. A number of delegations criticizedthe
proposals of introducing what they felt to aemoratorium arguably pro-
hibiting any economic activities in the disputed area.
NG 7/26
26 March 1979.
STATEMENT BYTHE CHAIRMAN
MADE AT THE 28~~ MEETINGOFNO 7
PREPARED FOR THE LAST SERIESOF NEGOTIATIONS
OF THE GROUP
At the outset ofOurnegotiations 1wouldliketogivea surveyon theresultsand
-.ospects of thework ofNG7 at itspresent stage.Mystatement willalsocontain
somecomrnents and suggestionsconcerning possible waysand means to reach a
final compromise.
The .followingbasic points of view are essential for estimating the present
situation :
(1) The Group has held 27meetingswithout being able ta find consensus with
regard to the three main problems concerning delirnitation criteria, interim
measures and settlement of delimitation disputes. Although a number of dele-
gations could accept Articles 74 and 83,as wellas subparagraph I (a) of Article
297, as they now stand in thICNT, this position is rejected by many othOns.
the other hand, there appears, among the members of the Group, increasing
willingnessto strivefor a compromise solution.It is understood that ifconsensus
is not reached withinthe Group, there are hardly better possibilitiesto find it in
the Plenary.
(2) During the work of theGroup it has been repeatedlypointed out, that the
three issuesstillpendingsolutioarecloselyinterrelatedand shouldbe treated as536 CONTINENTALSHELF
a "package". At'the same tirne, some stress has also been placed on the Link
between the problem of delirnitation disputes and other unsolved questions
relating to dispute settlement. The importance of this link should, however,not
be overestirnated,nor the potential necessityof connecting the problems within
the mandate of NG 7 with hard-core issues entrusted to other negotiating
groups.
(3) The unofficial consultations which have taken place during and between
theConference sessionshaveproved to beuseful.This isthecase,inparticular, as
concernsthe workof the group of.expertschaired by Professor L.B. Sohn aswell
as the intersessional consultations held at Geneva last February. Although
attended by a limited number of delegations, the intersessional consultations
brought forih some useful new approaches which are considered in the follow-
ing.
Delimitation Criteria
The basic positions relatingto the critena of delimitation are still rnaintained
by the supporters of the equidistance line on the one hand and the advocates of
equitable pnnciples, on the other. None of the proposals presented by the
mernbers of these twogroups, seems to offer a basis for a consensus.The same
would also seern to apply to any other formula which rnaybe considered to give
preference to one or another of the proposed delimitation criterie.
On the other hand, ihere seemsto prevailgeneralunderstanding, that the four
main elérnents reflected in the various proposals should be included in the
definition, namely (1) that any rneasure of delirnitation should be effectedby
agreement ; (2)that al1relevant or special circumstancesshould be taken into
account ;that there shouidbe (3) areference to equitable principles;as well as
(4) a reference to the equidistance line.
As to the re-draftingof'paragraph 1of Articles74/83, it has been pointed out
that the crucial problem is, how to avoid any classification or hierarchy of the
elernents concerned which could rnake the definition unacceptable to some
delegations. In this regard the following points of view would seem to have
relevance.
Theprovision that thedelimitation shouldbeeffected by agreement, isassuch,
a procedural rule, but it also speaks out the principle that every (new) delimi-
tation must be an agreed delimitation, and consequently, that neither the equi-
distance line, nor any other line not effected by agreement (or by other settle-
ment), can be substituted for an agreed (or otherwise settled) delimitation.
Because of its "leading role" the provision concerning agreement might be
mentioned first in the definition,but this does not rnean that the other elernents
were of less importance.
The three other elernents emerge as material criteria which are to form the
basis for the agreement.The special or relevantcircumstances are, of course, of
various kind and importance. It goes without saying that local conditions and
circumstances usuallyrender relevant tothe conclusion ofdeIimitation as welIas
other territorial agreements. Mentioned as one of the three "material" delimi-
tation criteria, special circumstancesshould, however,be wnsidered in relation
to the two others, partly asan independent critenon and partly as an element
having an effect upon the application of the other criteria. In certain cases,
specialgeographic or histarka1 circumstances may be givenpreference over the
employment of the equidistance line. In some others, again, special circurn:
stances rnayserveas a basisfor theestimation of equitable principles.For these DOCUMENTARY ANNEXES TO COUNTER-MEMORIAL 537
reasons special or relevant circumstancesshould be included in the definition
together with thetwo other criteiia, but without priority over them.
Oneofthemost difficultproblernstheNegotiatingGroup hastosolverefersto
the relation betweenequitable pnnciples and the equidistanceline(some prefer
to speak of a method, others of a principle of equidistance) as elements of the
definition ofdelimitationcriteria.Although it is generallyadmitted thadelimi-
tation agreements should be wncluded with a view ofreaching an equitable
solution,and oftentheernploymentof themedianorequidistancelineappears in
accordance with equitableprinciples, the question of "preference" has, so far,
proved too hard to be soived. At this late stage of negotiations the necessary
compromise rnight be within reach,if the Group wuld agree upon a neutral
formula, taking into acwunt some suggestions made,i.e., dunng the interses-
sional wnsultations in Geneva, as wellas the observations mentioned above.
InrerirnMe~ures/ProvtrionalArrangements
The question of a rule on interim measures, to be applied pending final
delirnitation, has been approached from different angles. Somedelegations do
not considersucha proiision necessaryat al].Someothers advocateinclusionof
provisions obligingor encouragingtheparties,baving adelirnitation problem,to
agree on provisional arrangements pending final delirnitation. Such arrange-
rnents.might wntain, e.g., the establishment of so-called'"white" or "gray"
zones.
Lookingat the matter from the opposite direction, a number of delegations
havefoundit necessarytosuggestprohibitiverulesagainstarbitraryexploitation
of natural resourcesor otherunilateral ineasureswithin thedisputed area. Such
rulesare airned toprevent Statesfromacting in a manner whichcould prejudge
or irnpede the wmpletion of the final delimitation. While the concept of a
moratorium has raised considerablecriticismin this wnnection, many delega-
tions seern to agree that the parties to a delimitation dispute should avoid
activities whichcould aggravate the situation.
NG7/29
, . 30 March 1979.
MEXICO
lNFORMAL PROPOSAL
Articles 74 and 83
The delimitation of the exclusiveeconorniczone (or of the continental shelf)
betweenadjacent or opposite Statesshallbe effected by peacefulmeansthrough
agreement between the parties concernedand taking into account, on an equal
footing, thecriteria of equidistance and special circumstances, witha viewto
theirapplication asappropriate ineachspecificcase,and alwaysfor thepurpose
of arnving at an equitable solution in ail cases. CONTINENTAL SHELF
NG7/35
10Apnl 1979.
IVORY COAST
INFORMAL PROPOSAL
Articles 74and 83
1.The delimitation of the exclusiveewnomic zone (or of the continental
shelf) between adjacent or opposite States shdl be effected by agreement
between the Statesconcerned on the basiof pnnciples which, intheir view,are
equitableand takinginto account,withoutprejudgingin anyway the preference
or order of importanceaccorde tdal1thesecriteria or methods, the rnedianor
equidistance line and any other relevant factors or circumstances which might
contribute to the peaceful but final settlemoftthe question.
2. Notwithstanding theprovisions of paragraph 1 ofthisartide,the States
concernedmay,iftheysodesire,resolvethequestion of delimitationon the basis
of criteria or methods other thanthosedescribed in the present Convention,
provided that international peaceand security are safeguarded.
NG7/35/Corr. 1
12April 1979.
IVORY COAST
INFORMALPROPOSAL
Corrigendürn
Document NG7/35 is hereby withdrawn.DOCUMENTARYANNEXES TO COUNTER-MEMORIAL
Annex 112
PAGES 691AND 692OF
INTERNATION LEGAL MATERIAU V,OL.8,1969
[Not reproduced] CONTINENTAL SHELF
Annex 113
ARBITRATION - BOUNDARY COMMISSlONS -TECHNICAL EXPERTS - CHARACTEROF
WHETHER ENDOWED WITH ARBITRAL POWERS
(Case No. 262)
COLOMB ANAD VENEZUELA
(Swiss Federal Council asArbitrator)
24 March, 1922
TheFacfs - (Seealso Case No. 54 l.Article 3 of the Arbitration Agreement of
3 November, 1916,between CoIombia and Venezuela provided as foliowi:
"The High Contracting Parties agree to entrust the arbitratwith the
task of Iayingdown and delimiting the frontier, which task he willperform
through experts immediately after the award has been given. The experts
shall be of the same nationalasythe arbitrator. They shall fulfil their.task
within. the penod indicated by the arbitrator, and, they shall take into
account, before or in the course of the delimitation, the cases, plans, and
other documents subrnitted to them by the parties."
Subsequently the question arose as to the powers of the said commission of
experts. Colombia maintained that the correct interpretation of the Arbitraiion
Agreement was that the arbitrator (the SwissFederal.Counci1)had no power to
decide as to the details of thedelimitation, that task having been reservedfor the
experts onlyand exclusively.Venezuela was of the opinion that by virtue of the
specialagreement the finaldecisionas to layingdown thefrontier restedwith the
SwissFederal Council ; that the experts were merelyagents entnisted with the
execution of the award ; and that the Federal Council was entitled to give
instructions ithe experts and to reserveifs decision unafterhaving received
their report*.
Held: That the correct interpretation of Artic3eof the Arbitration Agree-
ment wasthat the task of dwiding questions of boundary and their delimitations
did not fallupon the SwissFederal Council; that this was the task to be fulfilled
by experts norninated by the Federal Council ; and that the experts were to
possess arbitralpowers exercised as the resultofdelegation from the Federal
'On the questionof occupationas provideinArticle1,seeCase No. 54,
Attention oughtperhaps10 be drawnto the practicalconsequencesof the diver-
gencyof views as outlinedabove.Whilethe resultof the adoptionothe Colombian
contentionwould be a definitesettlementofthe boundarycontroversies,theVenezue-
lanview mighthavehad the resultofpostponingthefinalseitlementuntilthereceiptby
thearbitratorofthereporoftheexpertsorothenvise.ItwillbenotedthatinVenezuelun
Reply.p.270,theviewwasexpressedthatasaruleofinternationalpracticethefindings
of the expertsare subjectto approval the part of the respectiveGovernments. DOCUMENTARY ANNEXESTO COUNTER-MEMORIAL 541
Council.It was clearfromthe evidence thata longseriesof precedentsin the
relations betweenColombiaand Venezuelaattributed tomembers of technical
boundarycommis'siontshe characterof arbitraltribunals.(SeealçoCasNo. 54
(5).[Report :SentenceArbitrale,pp. 87-91 113-116.1 CONTINENTAL SHELF
Annex 114
1,the undersigned,KAMELH. EL MAGHUR A,gentof the SocialistPeople's
LibyanArabJamahiriyah, erebycertifythattcopyofeachdocument artached
asa DocumentaryAnnexin Volume IIof the Counter-Mernorislubrnittedby
the SocialistPeople's Libyan Jamahiriyaisanaccuratecopy;andthatal1
translations intoEnglare accuratetranslations,
(Signed)KamelH. EL MAGHUR
Agentofthe Sociulist People's
LibyanArab Jarnahiriyu INTERNATIOCOURTOFJUSTICE
PLEADINGS.ORAL ARGUMENTS.DOCUMENTS
CASE CONCERNING THE
CONTINENTAL, SHELF
VOLUMEIII
COURINTERNATIONEEJUSTICE
MEMOIRES.PLAIDOIRIESET DOCUMENTS
AFFAIRE
DU PLATEAUCONTINENTAL
(TUNISIE/JAMAHIRIYAARABE LIBYENNE)
VOLUMEIII Abbreviated:reference
I.J. PA~uJair~al,ol. IIIViisialLibvail
C.I.J. M, lateau cojltiver7tal(Tti17isirlJar1ialtiri.~~~
arabe libveirile), vol. ,111
Ndeve:te491 1CASE CONCERNING THE CONTINENTAL SHELF
(TUNISIA/LIBYAN ARAB JAMAHIRIYA)
AFFAIRE DU PLATEAU CONTINENTAL
(TUNISIE/JAMAHIRIYA'ARABE LIBYENNE) INTERNATIAICOURTOF JUSTlCE
PLEADINGSORAL ARGUMENTS. DOCUMENTS
CASE CONCERNING THE
CONTINENTAL SHELF
itOLUXIE Ill
COUR IXTERNATIOKADE JUSTICE
MI%IoIRES. PLAIDOIRIES ET DOCUXIENTS
AFFAIRE
DU PLATEAU CONTINENTAL
\'OI,UXIE III The case concerning the Coti~ii~eiiil lielf(T~r~ii.viulLih~~A,rah Ja~riolii-
riyu).entered on the Court's General List on I December 1978 under number
63, was the subject ofJudgments delivered on 14April 1981 (Co~r~iiinrtal/rcff
fT~riii.siu/Libj~urirub Ju~~iu/~irijlo),ppliculiorIO Iri~cri~eiieJ,l~d~yineI.. .J.
Repor1.s1981, p. 3)and 24 February 1982 (Co~iiittr.ril lieJflT~riii.~ialLih~~ui~
A rab Jui~~uIiir[~~J~iJ,.yt?~ctIC,.J. Rtporrs 1982, p. 18).
The pleadings and oral arguments in the case are being published in the
following order:
Volume 1. Special Agreement ;Memorials of Tunisia and the Libyan Arab
Jamahiriya.
Volume II.Counter-Mernorials of Tunisia and the Libyan Arab Jamahiriya.
Volume III. Annexes to the Counter-Memorial of the Libyan Arab Jamahiriya
(concluded) : Application by Malta for Permission to Intervene. and
consequent proceedings.
Volume IV. Replies of Tunisia and the Libyan Arab Jamahiriya ; commence-
ment of Oral Arguments.
Volume V. Conclusion of Oral Arguments: Documents submitted to the
Court aRer closure of the w ritten proceedings ;Correspondence.
Volume VI. Maps. charts and illustrations.
Certain pleadings and documents are reproduced photographically from the
original printed text.
In addition 10 the normal continuous pagination: thisedition features on the
inner margin of pages a bracketed indication of the original pagination of the
Memorials. the Counter-Memorials. the Repliesand certain Annexes.
In interna1 references, bold Roman numerals lin the text or in the margin)
are used to refer to Volumes of this edition :if they are irnmediately followed
by a page referencc, this relates to the new pagination of the Volume in
question. On the other hand, the page numbers which are preceded by a
reference to one of the pleadings, relate to the original pagination of that
document and accordingly refer, in the preseni edition, to the brackeled
pagination of the document inquestion.
The main maps and charts will be reproduced in a separate volume
(Vol. VI). with a renurnbering, indicated by ringed numerals, that will also be
added in the margin in Volumes 1-V wherever corresponding references
appear; the absence of such marginal reference means that the map or
illustration isnot reproduced in the present publication.
Neither the typographical presenlation nor the spelling of proper names
may be used for the purpose of interpreiing the texts reproduced.
L'affairedu Plurculrctrriiiiicrtiul(T~riii.~i~./Juiriu~ube/ib.yee~i,i),nscrite
au rôle généralde la Cour sous lenuméro63 le Icrdécembre 1978,a fait l'objet
d'arrêtsrendus te 14avril 198 i(Pluieuircoiiiirieriicil~Ti~iii~iclJuinuliurahc~
libyc,firic>. >yirc;c ,/iii d'iiiir~ri~c~ior.;~,C.I.J. Rccrreil 1981. p. 3) et le
24 février 1982 (Plutcq~lrCOIII~IIC~III~Trilii.si~~/Ju~~iü/~iriaube /ibye/.ririr~).
urrd, C.I.J. Reclreil 1982. p.18).VI11 CONTINENTALSHELF - PLATEAU CONTlNENTN
Les piècesde procédureécrite etles plaidoiries relatives a cette affaire sont
publiéesdans l'ordre suivant :
Volume 1. Compromis : mémoires de la Tunisie et de la Jamahiriya arabe
libyenne.
Volume II. Contre-mémoires de la Tunisie et de la Jamahiriya arabe libyenne.
Volume III. Annexesau contre-mémoirede laJamahiriya arabe libyenne (suite
et lin):requêtede Malte a fin d'intervention et procédure yrelative.
Volume IV. Répliquesde la Tunisie et de la Jamahiriya arabe libyenne ;début
de la procédureorale.
Volume V. Suite et fin de la procédure orale ;documents présentesa la Cour
après la fin de la procédureécrite ; correspondance.
Volume VI. Cartes et iliustrations.
Certaines piècessont photographiéesd'aprèsleur texte imprimé original.
Outre leur pagination continue habituelle, les volumes de la presente édition
comportent. entre crochets sur le bord intérieur des pages, I'indication de la
pagination originale des mémoires, des contre-mémoires, des répliqueset de
certaines de leurs annexes.
S'agissant des renvois. les chiffres romains gras (dans le texte ou dans la
marge) indiquent le volume de la présente édition ; s'ilssont immédiatement
suivis par une référencede page. cette référencerenvoie a la nouvelle pagina-
tion du volume concerne. En revanche. les numéros depage qui sont précédés
de l'indication d'une piècede procédurevisent la pagination originale de ladite
pièceet renvoient donc, dans la présente édition. a la pagination entre crochets
de la piècementionnée.
Lesprincipales cartesseront reproduites dans un volume séparé (VI) ou elles
recevront un numérotage nouveau indiqué par un chiffre cerclé. Dans les
volumes I a V, les renvois aux cartes du volume VI sont portés en marge selon
ce nouveau numérotage,et l'absencede tout renvoi a la présenteéditiondénote
une carte ou illustration non reproduite.
Ni la présentation typographique ni l'orthographe des noms propres ne
sauraient étreutiliséesaux fins de l'interprétation destextes reproduits. Page
Counter-Mernorial of the 1.iliyan Arab Jamahiriya (concl.). Contre-
memoire de laJamahiriya arabe libyenne (suit etfinl
Te~l~irico iirirexesto die Coiii~ler-Mernorioo 1Jihe Libvari Aroh Jar~ia-
hir(vu
Atiriex I. A review of th...................ures of the Gulf of Gabes
and the Jeffara Plain
1. Introduction .....................
2 . The Sahel .......................
3 .The Gulf of Cabes ...................
A. Detïning the Gulfof Cabes ..............
B. Onshore environment ................
(ilNatural resources .................
Climate ............. .......
Groundwater .................
Soils .....................
Vegetation ..................
...............
(ii) Ecologicalsystems
Livestockrearing ................
Agriculture ..................
C. Offshoreenvironment ................
(il Natural resources .................
liil Ecologicalsysterns ........... ...
Fishing .....................
D. ~conomic performance and planning ...........
(i) Production and productivity ............
The natural resourcesofthe GulfofCabes ......
Non-renewable natural resources ..........
Renewable natural resources - agriculture and fishing .
Tourism ...................
(ii) Government investment and planning ........
4 .The Jeffara Plain - a natural region ............
A. A definition of the region ...............
B. The natural resources of the Jeffara Plain ........
(il Climate ....................
(ii) Groundwater .................
(iii) Soils.....................
(iv) Vegetation ..................
C . The problems of managing renewable natural resources in
the Jeffara Plain region ...............
5. Conclusion - the major naturril divisions of the Gulf of Cabes
- Jeffara region ...................
6. References ........................X CONTINEhTALSHELF . PLATEAU COWINENTAL
Annex 2. The Mediterranean coastline of North Africa emphasizing
the coasts of Tunisia and Libya ...............
Part 1. The Mediterranean coastline of North Africa from Ceuta in
Morocco to El Arish in Egypt ...............
The coast of North Africa from Ceutato El Arish .......
Geology ......................
Salt marshes ....................
Contrast boundaries (Figure 11.............
The northern coastline of Morocco ...........
The coastlineof Algeria ................
The northern coastline oïTunisia ............
The coastlineofTunisia frorn Cape Bonto Ras Ajdir ....
The coastline of Libya ................
The coastline of Egypt ................
Part 2. The coasts of Tunisia and the Libyan ArabJamahiriya frorn
Cape Bonto Ras Zomg .................
The Coastof Tunisia frorn Cape Bonto Ras Ajdir(Figurela)...
TheCape Bon Peninsula ...............
The Gulf of Hammamet ...............
.TheSahelian foreland ................
The Gulf of Gabes ..................
The lagoonal Coastof BahiretEl Biban ..........
The Coastof Libyafrom Ras Ajdirto Ras Zorug (Figure b) ...
R~S ~jdir to Marsa Sabratah ...............
Marsa Sabratah to Ras Tajura .............
RasTajura to Ras Elmsel ...............
Ras Elrnselto Ras Zorug ...............
Coastline analysis :Cape Bon to Ras Zorug .........
Orientation ....................
Offshore profiles ..................
The land boundary position ...............
Land and sea relationships ...............
References ......................
Aiiiiex 3. The Libyan fishingindustry .............
General ........................
Historicalperspective ..................
(a) Pre-Italian period..................
(hl The ltalian period 191 2-1943 .............
1c) Post-World War li IO 1970 ..............
(d) 1970-1980 ....................
Marine productivity ...................
Types of fishing.....................
(Il lnshore fishing ...................
(2) Lampara fishing ..................
(3) Trawler fishing in Libyan waters............
(4) Tuna fishing ....................
(5) Deep-seafishing .................
16) Sponge fishing...................XI1 CONTINENTAL SHELF . PLATEAU CONTINENTAL
Page
(iv) Gabes .................... 103
(VI Markets and rural exchange ............ 103
C The 20th century .................. 104
D. Conclusion .................... 105
Section 4 .The ethnic uniqueness and complexity of the Jeffaia
Plain ........................
A . Rural societyat the start of the Islamicera ........
B. The arriva1of the Arabs ...............
C . Later socialdevelopments in the Jeffara Plain.......
D. Tribes and central power ...............
E. Jeffara societyon the eve of French occupation ......
F. Conclusion ....................
Section 5.The border between Libyaand Tunisia ........
A. The Classicaland Byzantineperiods ..........
B. The border in the seventeenth and eighteenth centuries ...
C . The French occupation begins .............
D. France continues thepush east ............
E. The 1893Zouara Conference .............
F. The Border and the Saharan trade ...........
G. The Zouara Agreement in 1910 ............
H. Conclusion ....................
Section 6.Territorial waters- concepts and disputes ......
A. Concepts ofterritorial waters before 181 ........
B. Disputesbetween Tunisia and Tripolitania after 1881 ....
C . Sovereignty and territorial waters ...........
D. The Italian blockade in 1912 .............
E. Fishing ......................
F. Conclusion ....................
References ........................
Afific>x7. Description of projections and base maps used in the
Counter-Mernorial .....................
Selectionof projections used intheCounter-hlemorial ......
App~lrdix 1. Cartographic autohatic rnapping program docurnen-
. iation - 5th edition .................
Appe~idix il.WDBIl General users guide ..........
Aii~i~x8 .Commentary on the two geometrical methods proposed by
Tunisia ........................
AllrPX 9 . Chronological review of offshore licences in Tunisia
(Petroconsultants.S.A.,International Energy Services)......
Altriex 10. Hydrocarbon productive trends in and adjacent to the
Pelagian Basin .....................
1 - Introduction...................
II - Major hydrocarbon systems ............
II1 - Early paleozoic..................
IV - hliddlepaleozoic .................
V - Early mesozoic ..................
VI - Latemesozoic .................. Page
..................
Vii . Early tertiary 177
VI11 . Hydrocarbon productive trends ........... 177
IX . References ................... 179
Aiiiiex II . Geology and geomorphology of the Pelagian Sea, Central
Mediterranean Sea ....................
1. Introduction .....................
I. Aimçof the investigation ...............
2. Outlines of the area under consideration .........
3. Previous work ...................
4. Acknowledgement .................
II. Outlines of geology of the Pelagian/North African area ....
1. Introduction to the geology ofthe Central Mediterranean area
Tethys Ocean and the Mediterranean area ........
The Mediterranean revolution .............
The formation ofthe Mediterranean Sea ...:.....
The Pelagian Block - relict of pre-Mediterranean time ...
2. Recent sedimentation within the Pelagian area ......
Ooid sands ....................
Mud flatsand Sabkhas ................
3. Tectonic features ..................
Western limits of the Pelagian Block ..........
Tectonic features of the Jeffara Plain ..........
LANDSAT photographs ...............
Continuous seisrnicprofiles ..............
4. Geophysics ....................
Gravity anomalies of the Pelagian Block .........
Magnetic anomalies in the Central Mediterranean area ...
Ill. Geomorphology ....................
I. Accuracy of thèbathymetric charts ...........
2. Cornparison of selected bathymetric charts ........
3. The Pelagian Blockand itssurrounding areas .......
Forces forming the reliefof the land and under the sea ...
Large scale morphology of the Sirt embayment ......
The Pelagian Block .................
4. Geomorphological studies ..............
(a) The Kerkennah region ..............
(hl The Djerba region ................
(c)Salt features ...................
IV . Results and Conclusions .................
!f. Selectedbibliography ..................
Artrtex 12A . A report on structurai and sedimentological trends in the
Pelagian Basin and related onshore areas ...........
1. Introduction .....................
2. Geological trends as indicated by facies and isopach maps and
stratigraphic sections .................
A . Facies maps, isopach maps and stratigraphic sections -
Tunisian Mernorial ................. CONTINENTAL SHELF - PLATEAU CONTINENTAL
Puge
(il Tunisian aims ................. 205
lii) Presentation of da............... 206
fiii) Facies maps................... 208
(iv) Isopach maps.................. 209
(VI Summary ................... 212
B .Facies maps and isopach maps of jurassic. cretaceous and
tertiary sediments of Tunisia and northwest Li.....
(i) Facies maps..................
(ii) Isopach map..................
(iii)Summary ...................
3. Regional geologicaltrends and possible interpretations
A. Regional structuralpatterns .............
(il Structural sty.................
(ii) Age relationship................
(iii) Summary ...................
B .Interpretation of the facies and structural patterns in the
Pelagian Basinon the basis of plate tectonic studies
(il Structural patterns in the Mediterranean area .....
(ii )he Africanplate ................
(iii) Structuraldevelopment in theare.........
(iv) Facies trends in relatitheplate rnargin ......
C. Postulated offshore alignment of the south atlasic lineament
D. Conclusions ...................
Bibliography......................
Annex !2B. Addendum to report on structural and sedimentological
trends in the Pelagian Basin and related onshore a......
Introduction ......................
Section1. Structural patterns..............
Section2. Shoreline trends' ...............
Section3. Salt walls..................
A .Genesis of salt domes and salt walls..........
B .Salt walls in the Pelagian Basin region .........
Conclusions
.....................
Appeiidix.Riedel shear pattern...........
References ......................
Aiiirex!3. Comparison of the Libyan and Tunisian economie.
Applicationfor permissionto intervene . RequëteA find'intervention
APPLICATION FOR PERMISSIO TN ~NTERVENE BYTHE GOVERNMEN OFT
THE REPUBLIC OFMALTA.................. 257
Written observations on applicationfor permission to intervene .
Observationsécritessur la requêt e fin d'intervention
OBSERVATIONS DU GOUVERNEMEN DTE LATUNISIE SUR LA REQUETE A
FIN D'INTERVENTION DU GOUVERNEMEN DE MALTE ...... 265 CONTENTS . TABLE DES MATIÈRES xv
Page
OBSERVATIONS OF THE SOCIAL!S TEOPLES LIBYAN ARAB JAMAHIRIYA
ON MALTA'3S 0 JANUARY 198 1 APPLICATION FOR PERMISSIO TNO
INTERVENE .......................
.......................
Introduction ................
1. No valid link ofjurisdicti................
TI No interest of a legalnature
II. And no effectwhich could exist ..............
IV. Additionalconsiderations ................
Oral argumentson the Applicaîion for permission to intervene .
PlaidoiriesrelativesAla requêt eAnd'intervention
OPENING OF THE ORAL PROCEEDINGS .............
Malta'sstatus asa çmall island State.............
Timing ofapplication to intervene..............
Object ofMalta's intervention ................
Nature of Malta'sinterest.................
Irrelevance of possible future proceedings between Malta and Libya
Rationale and intention of Article 62 oftute..........
Relationship between Article62 of Statute and Artic81of Rules . .
Article8 1.paragraph 2(cl:the question of basis ofjurisdictio...
Nature of Malta'sconcernwith the case ............
Overlap between Malta'scontentions and those inthe pleadings of
Tunisiaand Libya ....................
Survey of the geographical situation.............
Coasts of Tunisia and Libya are not wholly adjacent but. at the
extremes.also opposite ..................
Continental shelfclaims of Italy. Libya. Malta andTunisi.....
Legalsignificance of areaof overïapof Libyan. Maltese and Tunisian
claims .........................
Dipiornaticexchanges between Italy. Libya. Malta and Tunisia ...
QUESTION BY THE: PRESIDEN Tavailabilityto Parties of documentre-
ferred to by Malta)....................
Dipiomatic exchangesbetween Italy. Libya. Malta and Tunisia (con[.)
Malta'sspecificand unique interest in the proceedin.......
Potential impact upon Malta's position of Court's determination of
issues in the case...................
The equidistance approac! ................
The equitablecircumstances approach ............
Authority of the Court's essential decisio...........
Jurisdiction to deal with intervention conferred by the TunisiaILibya
SpecialAgreement ....................
Remarquespréliminaires ................XVI CONTINENTAL SHELF . PLATEAUCONTINENTAL
Page
La notion d'intervention :éléments d'interprétation ...... 320
Les travaux préparatoires du Statut de la Cour permanente de
Justice internationale ..................
Les discussions au sein de la Cour permanente de Justice
internationale lors de l'élaborationdeson Réglement ......
Lapratique des deux Cours ................
Ladoctrine internationale .................
Conclusions quant à l'interprétationde l'article6du Statut.....
Certains élémentsesseritielsde l'article62............
La notion d'intérêt d'ordre juridique.............
Lesexpressions t(étreen cause >et<cbe affected » .......
Lerôle et lespouvoirs de la Cour ..............
Théorie générale du droid te procédure .............
t'étude comparative de l'intervention effectuée parle professeur
Habscheid .......................
Application a la présenteespècedes principes et des notions dégagés .
L'objection tiréede l"«imprécision D de la requétede Malte ....
L'objectionde l'absencede lienjurisdictionnel .........
L'objection selon laquelle la requêteserait une demande d'avis
consultatif déguisée...................
La nature procéduralede l'intervention de Malte ........
L'objection tiréede la relativité delachose jugée ........
Conclusion ........
ARGUMENT OF MK . hl. BATHURS .T.............
Intervention as of right under Article 63 of the Statute and
intervention with permission under Article 62 ..........
History ofthe question ofthe jurisdictional link .........
Interpretation of Article 8.paragraph 2(cl.of the Rules ......
Relevance ofthe nature of the intervention sought ........
Purpose of hIalta's intervention................
Arguments of Tunisia and Libya on the question of the jurisdictional
link ..........................
State practice in intervention injudicial and arbitral proceeding...
Minor points raised by Tunisia and Libya ............
STATELIENT BY H.E. MR . K. H . ELMAGHUR (LIBYA) .
ARGUMENT OF SIR FRANCI S ALLAT(LIBYA) ..........
The nature of the questions before the Court...........
Could any legal interest of Malta be affectedby the Court's decision ?
Has Xlaltashown an interest of a legal nature. within the meaning of
Anicle 62of the Statute. which may be affected by the decision ?. .
Nature of intervention under Article 62 ............
The " Wiitihledoi" case .................
Hq9o dc lu Turre andN~rclrarTests cases ...........
The rravairs pr&paru~oirrs.................
Concluding remarks ....................
Object of an intervention (Article 81.paragraph 2fh). of the Rules of
Cdurt) ......................... CONTENTS . TABLE DES MATIÈRES
Page
Cornparison with Articl63 of the Statu............ 384
Intervention must be for substantive reason and concrete
purpose ......................
Malta is not asserting rights against Tunisia or L.....
Malta's argument as to the point of intersectioofcontinental
shelfboundaries ...................
Malta's desire to address the Court on the applicable principles and
rules of internationlaw .................
PLAIDOIR IE M . MALINTO( PLII YE.............
Remarques préliminaires ..................
L'interprétationde l'arti62edu 'Statut donnée par l'artic81.ali-
néa 2cl.du Règlement ..................
Pertinence éventuelle des principes généraux communs aux
différents droitsinternes .................
En matière d'intervention. la compétencedlaCour reste régiepar
l'article 36 du Statut.................
Travaux préparatoiresde l'article62 du Stat.........
L'article81.aliné2c).du Règlementde 1978 .........
LRS arguments de Malte cherchant a écarter te principe qui exige
l'existenced'un lienjuridictionn..............
L'argument selon lequel la juridiction découlerait du comportement
des Parties initiales a la procédure ..............
Acceptation par Malte de lajuridiction obligatoire de la ....
DÉCLARATIONDE S. EXC .M . BENGHAZ (IUNISIE .......
ARGUMENT OF PROFESS JORNNING(S TUNISIA)..........
Interpretation in this case of Ar62cof the Statute.......
Meaning of "decision in the case" ..............
Scope of the decision to be taken in the presen.......
Maltaisendeavours to show aconcrete legaiinterest......
General interest of a Stinthe development of international law is
not sufficient.....................
Basisofjurisdiction (Article 81ofthe RulofCourt) .......
Unhelpfulness of the 1920and1922 travaux prdparatoires ....
Contrastbetween Articles62 and 63of the Statute.......
Lack of specificiinMalta'sApplication ...........
Objectand purpose of the Application to interven........
Conclusions .......................
PLAIDOIRI DEE M. BBLAÏD (TUNISIE S..............
Le caractère tardif du dépôtde la requêtede Malt........
La demande de Malte. si elle était admise.pourrait cr&r des compli-
cations pour la procédure .................
La requête de Malte ne spécifie pas l'objet de l'intervention
(Règlement.art.81. par.26))................
Le prétendu impact sur les intérêts maltais des principeset règles de
droit internatianalet les circonstances géographiques prisesen
considérationpar la Cour .................
Conclusions .......................XVIIl CONTlNENTA SHELF . PLATEAU CONTINENTAL
ARGUMENT OF MR .E. LAUTERPACH TM ALTA) .........
The contention that Malta seeks 10 secure the advantage of
intervention without accepting an obligation to be bound by a
judgment ........................
The objectofthe intervention ................
The nature of Malta'sinterest ................
The 1922discussionson the Court'sRules ...........
The question of thejurisdictional li.............
Article62 ofthe Statut...................
Discretionof theCourt ...................
Cornpulsoryjurisdiction ..................
CLOSINC OF THE ORALPROCEEDINGS .............
Iiocument sulimitted after the closure of the oral proceedingon the
request for the indication of provisional measures . Document
déposé ;ila fin de la procedure orale relative A la requêteA fin
d'intervention
LES CONDlTION S E L'INTERVENTIO VNOLONTAIRD EANS UN PROCES
CIVIL.par WALTHER J .HABSCHEID ..............
Introduction .......................
La question posée ....................
Chapitre 1. Lessolutionsdes diffërents systèmesde procédurecivile. .
1. Lespays romanistes..................
1. France .....................
2. Belgique ....................
3. Tunisie.....................
4. Libye .....................
5. Egypte .....................
6. Cantons suisses .................
7. Itali......................
8. Espagne ....................
9. Portugal ....................
IO. Brésil .....................
I. Lespaysgermaniques et leJapon ............
t. République fédéraled'Allemag.n.e.........
2. Autriche ....................
3. Finlande ....................
4. Danemark ...................
5. Grèce .....................
6. Suisse .....................
7. Suède .....................
8. Japon ..................... XIX
Page
111.Lespays anglo-saxons ................
1. Angleterre ...................
2. Etats-Unisd'Amérique ...............
IV. Les pays socialistes .........
1. URSS ............
2. Républiquedémocratiqueallemande
3. Hongrie ...........
4. Pologne ...........
5. Roumanie ...........
6 Mongolie ...........
7. Bulgarie ...........
8. Yougoslavie ..........
9. Tchécosiovaquie ........
.............
Chapitre II.Analyse de droitcomparé
1.Adrnisçion générale de l'institution dans tous les systèmes de
procédurecivileconsidérés ...............
2 . Admission généralede l'intervention principale (selon l'un ou
l'autrede sesdeuxgrands « modèles >))..........
3 .Justification et fondement de t'intervention (principale ou
accessoire) ......................
4 .Questions de competeiice ................
Conclusions ....................
Annexe : Deuxjugements américainsen matière d'intervention
Maps and Illustrations in this volume . Cartes et illustrations
contenues dans le prPsent volume
Commentary on Figure 9.03of theTunisian Memorial .
Cornrnentaryon Figure 9.04 of the Tunisian Mernorial .
Commentaryon Figure 9.05of the Tunisian Memorial .
Cornmentary an Figure 9.06of the Tunisian Memorial .
Adaptation of Figure 9.06 by addition of parallelograms .
Commentary on Figure 9.07 ofthe Tunisian Mernoriai .
Commentary on Figure 9.08 of the Tunisian Mernorial .
Comrnentaryon Figure 9.09 ofthe Tunisian Mernorial .
Commentary on Figure 9.1 Oofthe Tunisian Memorial . .....
Figure 9.10 as adapted to complete parallelogram con: :e.tly.with
Figure 909 ..................
Comrnentaryon Figure 9.11of the Tunisian Memorial .
Commentary on Figure 9.12 of the Tunisian Memorial .
Comrnentaryon Figure 9.13 of the Tunisian Memorial . COUNTER-MEMORIAL OF THE
LIBYANARAB JAMAHIRIYA
CONTRE-MEMOIRE
DE LAJAMAHIRIYAARABELIBYENNE
(Suite) VOLUMEIl1
TECHNICALANNEXES TO THE
COUNTER-MEMORIAL
Annex 1
A REVIEWOF THEGEOGRAPHICF ALATURES
OF THGULF OFGABESAND THEJEFFARPALAIN
SENIORLECTURE RGEOCRAPHY
SCHOO LF ORIENTAAND AFRICANSTUDIES
UNIVERSITYFLONDON
*B.A..Univerof Durh;Ph.DUniversofLondon.4 CONTINENTAL SHELF [Il
I. Introduction
The coastline between Ras Kaboudia and Tripoli bounds a coastal tract
which Fallsnaturally into three major regions,oneof whichcan according
to geological and climatic data be divided into two further minor sub-
rcgions. The regionsare the Sahel of Tunisia, the Gulf of Gabesand the
Jeffara Plain. It willbe the purposeof this memorandum toshow that the
definitionof regions in the Tunisian Memorial was not inaccord with the
geographical evidenceand that the alignrnent of the international bound-
ary is also discordant with the criteria norrnally used ta define natural
regions. Rathcr the international boundary cuts across and divides the
most easterly of the regions.
Thc three natural regionscan bedefined as follows: firsttheSahel from
Ras Kaboudia toRas Yonga.secondthe Gulf ofGabes from Ras Yongato
Zarzis and third the Jeffara from Zarzis to beyond Tripoli. The second
region, the Gulf of Gabes can be subdivided at a point between Skhirra
and Ghannouchi. Thus the major geographical dividesin theembayment
defined by Ras Kaboudia and Tripoli are at Ras Yonga,and in the region
of the Isleof Djerba in the Zarzis area betweenthe eastern end of the Gulf
of Cabes and the Jeffara Plain. Ras Ajdir, where the present frontier
rneeisthe coast, liesona coastal plain marked by its uniformity ofgeology.
landform, groundwater resources. vegetation, and land use.
2. The Sahel
The Sahel forcland which extends frorn Sousse to Ras Yonga (or some
sourcessay to the Isleof Kncisswhich lies 10kilometres to the southeast)
cmbraces a tract both to the north and south of Ras Kaboudia. The Sahel
ischaractcrized by a uniformity iniw geology,byunduiating landformsof
low relief, and by modest seasonal rainfall whichsupports settled farming
ofdryland tree and field crops as well as \ivestock rearing.
The Sahel isa relatively wellfavoured regioncompared with the rest of
the coasial iracl of the formerSirtis Minor. Mean annual rainfall of over
200 millimetres is the rule; elsewhere only the Tripoli region of Libya
enjoyssuch rainfall. As a result the type and quality of the agricultural
and livestock practices mark off the Sahel from the rest of the southern
Tunisian coast.
3. The Gulf of Cabes
A. Dejîning the Gulf of Gabes
The authors of the Tunisian Mernorialsought to establish that the Gulf
of Gabes, defined as extending from Ras Kaboudia to Ras Ajdir,
embraced a singleecologicalsystem (Tunisian Memorial',Volume 1.page
77) which had in turn engendered a uniform economicsystem for the
region (Tunisian Memorial, Volume 1. page 85). At the oulset it is
necessary to establish that the definition of the Gulf of Gabes by the
coastal features ofRas Kaboudia and Ras Ajdir is both novel and unac-
ceptable. That there was a feature known in antiquity as Sirtis Minor is
uncontroversial. To claim that the modern equivalent is a Gulf of Gabes
lying betweenRas Kaboudia and Ras Ajdir ismisleadingand unscholarly.
'Refercnccsare tiheTunisianMemorialintheoriginal French,exceptfor Enquota-
lions. wherereferencesiocthe Engljshtranslationof TunisiaMemorial.121 TECKNICAL ANNEXES TO COUNTER-MEMORIAL 5
Despois, for example, one of the major sources quoted in the Tunisian
Memorial, includesmaps which label a coastal feature within the conven-
tionaldefinitionof the waterslying withinthe line betweenRas Yongaand
Djerba (Despois 1961, Map A-2 reproduced in Tunisian Memorial, Vol-
ume 1, opposite page 150). Other figures in the Tunisian Memorial
further reveal thatthe claimthat theGulf of Gabes extended to Ras Ajdir
and beyond(see Tunisian Mernorial, Volume 1; Figures 3.03, 5.07 and
5.22) are figmentsof the imagination of cartographers whotook up their
pensofte1 r979(see Tunisian Mernorial, Volume 1, Figures 1.04,4.02 and
5.13). Thus many Tunisian agencies, both current (Ministère de
I'EconomieNationale, Tunis, 1977, map showin gffshoreconcessions of
Tunisia, quoted inTunisian Memorial, Volumel, oppositepage 23) and in
the past (Compagnie des Chemins de Fer du PLM and shown in l'Atlas
Tunisie have showna limited Gulf of Gabes, and ilmust be emphasized
that these were Tunisian government agencies. Arioiher rather unfortu-
nate inconsislencyin the Tunisian Memorial istheir clairn that the Gulf of
Gabes is generally used by"geographers to indicate the whole of Syrtis
Minor, as the ancients called it" (Tunisian Memorial, Volume 1,page 76,
paragraph 4.18). withthe map whichis reproduced in their ownmernorial
whichshowsa veryrestricted Syrtis Minorwithin theRas Yonga-Djerba
embayment (Figure 4.02 in the Tunisian Memorial, Volume 1, opposite
page 86).
The Gulf of Gabes to be discussed inthis memorandurn is the Gulf of
Gabes lying betweenRas Yongaand Djerba ("Gutf of Gabes"). although
reference will be made to an enlarged Gulf of Gabes as defined by the
authors of the Tunisian Memorial ("Gulf of Gabes area") where it is
necessary to draw attention to inconsistencies in theunisian argument.
B. OnshoreEnvironment
(i) Narural Resources .
ln the Tunisian Memorial itisclaimed that the physical conditionson
the mainland of the Gulf of Gabes are uniform in being "difficult,...
unfavourable to human settlement and the development of viable eco-
riomic activity" (Tunisian Memorial, Volume 1, page 59, paragraph
4.20). The authors of the Tunisian Memorial recognize tha! there is a
division between the coastal strip withirnited rainfall. and the arid inte-
rior (Tunisian Memorial. Volume 1,page 78, paragraph 4.22). Weare
left then with the impressionthat there isa uniformity in the environment
of the coastal strip of the whole of the Gulf of Gabes which endures
unfavourable features such as "temperature, wind. aridity and evapora-
lion". Unfartunately the Tunisian casealsoargues that the Gulf ofGabes
extends frorn Ras Kaboudia (north of Sfax) to the Libyan frontier. By
including the 60 or more kilometres of Coast between Sfax and Ras
Kaboudia in the ecological region of the Gulf oGabes, a very diîTerent
clirnatic zone has been added to the morearid zone lying to the south of
the 200 millimetre mean annual isohyet which runs just to the south of 6 CONTINENTAL SHELF [31
Sfax (see Figure 1). The different clirnate to the north of Sfax makes
possible reliableryland farming of grain and olives. South of Sfax al1
agriculture, except that based on groundwater, has always proved to bf
hazardous.
Even within the coastal stripouth of Sfax, however, separate natural
climatic zonesare evident.On the basisof seasonal rainfall data there isa
divide some 30 kilometres north of Gabes between Skhirra and Ghan-
naiichi as a result of differing patofrprecipitation. North of this Iine
35-50 per cent. of rainfall falls in the autumn and 25-35 per cent. falls in
winter. South of the line 35-50 per cent. falls in winter and 25-35 per
cent. in autumn (the seasons being delimited as auturnn, September to
November; winter December to February; spring March to May; summer
Juneto August) (Naval Intelligence Division 1945,page 426;see Figure
4). The differing seasonal rainfall patterns are reflected in the semi-
natural vegetation and agriculture of the coastal strip (see Figure 7)
which alsoshow discontinuities at a point some 20-30 kilometres north of
Gabes (see Figure6 s and 7).
Groundwater
Both the deep basement geology and the more recent Tertiary and
Quaternary formations contain geologicaldiscontinuities which affect the
disposition of groundwater resources on the mainland of the Gulf of
Gabes. The African Platform dominates the deeper geologysouth of the
@ chotts (seeFigure 8). Overlying the Saharan basement rocks are Terti-
ary depositsthestructure of which by no means accords with the configur-
ation of theCoast.
The most important hydrogeologicaldivide lies beneath the uplands of
the Ksour (see Figure 9). The upwarped strata divide the groundwater
provinces tothe Westand to the east. Tothe Westthe strataare part of the
western Saharan system which drains considerable volumes of water
towards Gabes, although little into accessible aquifers (seeUNESCO
1972). The deeper groundwater resources to the east of the Ksour
uplands are poor, reducing furtherthe already low agricultural potential
of the Tunisian Jeffara.
The most accessiblegroundwater resources aredthoseof the Quaternary
deposits which overliethe wholeof the Sahel in the north, the lowlandsof
the mainland Guif ofGabes area, and from Zarzis to the Libyan border
and beyond. The recharge of these aquifers is very limited as precipita-
tion is lowthroughout the recharge zone. It is possiblethat seepage from
deeper reservoirsenhances the volume of water avaitable in Quaternary
aquifers near the coasl especially to the north of Gabes. The Gabes area
has always enjoyedabundant water resources andthe abundance isrnainly
explained by the seepage of groundwater from the neighbouring ground-
water province to the West.
Soils
As suggested inthe Tunisian Mernorial the soi1resources in the Gulf of
Gabes region are poor. The poverty rnainly arises from the low organic141 TEcuFiIcAL ANNEXESTo CouNTER-MEMoRIAL 7
content of the soi1(Despois1961, page 27). However, as proved by the
levelof production achieved in those areas with reliable groundwater, soi1
fertility is not a constraint on agricultural activity except in those tracts
affectcd by saline conditions associated wjih the chott (saline lakes and
saline water saturated tracts) environmcni. It is the shortage of water,
both rainfall, surface run-off and groundwater, which restricts crop pro-
duction. Where groundwater does exist useful crops have long been
raised. for example the extensive palmgardens near Gabes which depend
on waier [rom Cretaceous and Eocene limestone aquiiers. Groundwater
also supplied the palm and olive groves at Zarzis. Likewise the Isle of
Djerba has Quaternary water possibly supplemented by deeper aquifers
which support a vigorous and specializedagriculture.
A soilsmapof the Gulf ofGabes showsimportant regional differencesin
soi1quality (see Rgure 5). The most significant difference is betweenthe
sub-desert soilsof the north andthe saline soilsof the coastal southern part
of theregion. Some 30 kilometres alongthe coast to the east ofcabes the
soils have3 suîliciently highsalt content to affect both the natural vegeta-
tion and the range of crops which can be raised. lsolated tracts of simi-
Iarly inhibiting soils exist on the coast between Gabes and Sfax. Even
with assurcd supplies of groundwater such tracts have extremely Iirnited
agricultural potential.
The soi1map does norshow the Gulf of Gabes region to be a uniform
environment either in terms of soi1quality or with respect to its potential
for agriculturat or rangeland utilization.
Vegetarion
The vegetation of southern Tunisia varies according toclimate and soils.
In regions wiihmoreihan 200 rnillirnetresof rainfall annuallymost of the
land which is not barren or rocky is cultivated as olivegrovesor for grain.
The two major vegetation types in the regionswith lowerrainfall near the
coast Varyaccording to soil quality. with salt resistant vegetation on the
saline tracts,hile xerophyticshrubs and ephemeralherbs formtheplant
communities in the non-saline areas. The former are not able to support
much livestock. but the latter provide an essential element in the livestock
economyof the Tunisian Jeffara and the semi-arid tracts south and Westof
Gabes and souihofthe salinecoastal strip. Theserangelandresourcesare
an important complement to the better grazing resources of the steppe
environment of the Ksour uplands.
The livestockof the Gulf of Cabes and its margins were and remain an
important part of the region's economy and the Rocks of the south
increased from the beginning of the century, and their contribution to
regional iricome rose accordingly. In the 1930s.there was an export of
sheep to Libya, for example, 65,000in 1938 (Naval Intelligence Division.
1945. pages 305 and 469).
(i) Ecological Systems
The environment of the coast of the Gulf of Gabes determines that
resource use must be ata lowintensity if the resourcesof the regionare not8 CONTINENTALSHELF [SI
to bcdegraded. Viable resource sustaining strategies such as grazing and
shifting cultivation have been the traditional ways to gain a livelihoodin
the region. More recently the shifting cultivation has declined but live-
stock rearing has grown in importance partly as a result of the cultivation
of fodder to provide feed during barren seasons or during a sequence of
barren years.
Livesiock Rearing
In semi-arid regions such as those of southern Tunisia the environment
isextremety vulnerable to degradation. Itwasesrirnated in the late 1960s
that the productivity of the southern rangeland was approximately 300
million forage units per year, against the theoretical needs of 450,000
sheep and 400,000 goats, which were in the order of 450 million forage
units. In such circumstances the rangeland was being overexploitedand
progressively reduced in productivity by overgrazing especially in low
rainfall years (Seklani 1976, pages 66-67).
The governorate of Sfax with its higher rainfall, is better endowed
agriculturally than any other region of the Gulf of Gabes area, and also
sustains higher stocking tevelsthan elsewhere. This situation obtains in
the Sfax governorate despite the cornpetition for land for settled farming.
Nevertheless it is in the southern governorate that livestock play a rela-
tively more important part in the economic life than they do in Sfax.
Agriculture
A widerange of cropsisgrown inthe Sfax area and it isthe main area of
the wholeofTunisia forthe olive. Formerly the export ofoliveoil wasone
of the most important revenue earning activities with a very high propor-
tion of total production beingexported. ln 1938,the Gulf ofGabes region
had 32 per cent. of Tunisia's olive bearing trees with 23 per cent. of the
nation'stotal being inthe Sfax governorate (cf. 2.5percent. in Djerba and
0.8 per cent. in Gabes) (Naval Intelligence Division, 1945, page 463).
Further south the important crops are the vine and the date, although
the best producing areas are away from the Coast. The best dates are
grown at Djerid and Nefzaoua, but important production takes place at
Gabes, Djerba and around Zarzis. The Medenine governorate is the vine
raising region of the south and though total production is not high it'is a
significant economic activity in the southern onshore area. The agri-
culture of the south is characterized by specialization. In the oases tree
crops are the rule (dates, pomegranates) and vegetable growing, while in
the semi-arid steppes grain and olivesare raised. Twoof these crops, the
high quality dates and the olives, happen to be the most valuable agri-
cultural products ofthe country and they remain important export earners
(Seklani 1976, page 69). Exports of olive oil were in the order of 8
million dinars in the years 1968 and 1972.
The followingtables indicate that a high proportion of Tunisian produc-
tionof one particular crop, the olive,is raised on the shores of the Gulf of
Gabes area, that is, on the shores of the Gulf of Gabes as defined in the 9
f61 TECHNICAL ANNEXES TO COUNTER-MEMORIAL
Tunisian Memorial'. The southern governorates of Tunisia have been
responsible for between 44 per cent. and 65 per cent. of national produc-
tion; this proportion variesaccording to the climatic conditions and other
factors in particular years. Sfax governorate has always been the domi-
nant producer of the region with appraxirnately 80 per cent. of the
production.
TABLE 1
Southern Tunisia
Olive-Pro'000hiAreas
Sfax Cefara
- - - - - A2 1973 1971 1972 1973
OlivesaIone .................. 244.3. 219.0 236.5 41.5 41.5 44.0
Olives in association with
other crops ................------ 68.6 143.5 115.5 77.8 78.0 75.5
Source: Seklani 1976, page 73.
Some idea of the variation inolive production isevident in the following
table which shows the quantity of triturated (pressed) olives produced in
the south and in Tunisia between 1965 and 1973:
TABLE2
Productionof pressedolives in the Southand in Tunisia
'000 Tonnes
SoofhTunisia's... 61 45 60 49 45 63 56 54
South ............166.7 41.2 160.5 135.0 55.0 250.0 450.0 201.1
Tunisia ..............0 92.3 268.4 275.0 123.0 400.0 800.0 371.5
Source: Seklani 1976. page 74.
The date is the other important crap of the south and the high value
varielies earn important export revenues. The main centres of the high
value production are in the inland oases of Gafsa, and the coastal area
yields onlya small part of the region'sdate production. The value of date
exports varies fromyear to year. In the period 1962to 1973,the value of
exports varied from 600,000 dinars (1967-1968) to 2.4 million dinars
( 1972-1973).
C. 'Ofshore Environment
(i) Narural Resources
The Tunisian Mernorialpresents the Gulf ofCabes area as an extraordi-
narily rich resource with respect to both the Mediterranean as a wholeand
in terms of Tunisia's food production and the livelihood of a significant
IncludesSfax.10 CONTINENTAL SHELF [TI
nurnber of itscoastal residents. The Pelagian Sea and especiallythe Gulf
ofGabesarea are certainly rich in fishspeciesand Tunisia iswell favoured
in itscoa.sta1environment. This is wellshown in the SOGREAH(1977)
Study.
(ii) Ecological Sysrems
Fishing
The fish resource, though important to the Tunisian econorny, is by no
means a major element in the national economy and even in the south its
place is declining compared with other econornicsectors, such as industry
and tourism. Production has not risen significantly in the past 20 years in
the south. and between 1968 and 1973 at 4.3 per cent. it rose much less
quickly than in Tunisia as a whole which showedan increase of 15.2 per
cent. (Seklani 1976, page 79).
It was observed in the section on agriculture that Sfax was the most.
productive governorate of the Gulf of Gabes area because of its relatively
favourable rainfall and soil resources. It is not just in agriculture that
Sfax (which includes the Islesof Kerkennah) is more productive than the
rest of the region. Sfax also fishesa much higher proportion of the fish
caught in the Gulf of Gabes. Thus it is misleading to argue that fishing
providesa livelihoodfor a significant proportion of the people wholiveon
the southern margins of the Gulf, to such an extent that the region is"one
of the most densely populated regions of the Mediterranean" (Tunisian
Memorial, Volume 1,page 61) . The region is not heavilypopulated, and
the population which does live inthe southern governorates is only sup-
ported to a limited extent by fishing. In the section onthe economyof the
region ilis shown that the value of production from fishing was rnuch
lower than frorn agriculture. and rnuch tower than frorn recently devel-
oped contributors to the economy such as tourism'.
D. Economic Performance and Planning
(i) Production and Productivity
The Narurol Resources of rheGulfof Gabes
The economy of the littoral of the Gulf of Gabes and the interior
depends, as we have seen, on a number of natural resources whichVaryin
availability. Tunisia's major non-renewable resources, phosphates and
petroleum, lie within the region, but do not much benefit the residents of
the Coast of the Gulf of Gabes. On the other hand the renewable
resources,clirnate, soil and water and semi-natural vegetation, are the
basisof a number of activities which Varyin their production according to
the quality of the resuurce endowrnent.
Non-Renewable Narural Resources
During the 1970sthe extractive industries, phosphates and petroleurn.
mined in Gafsa and Medenine respectively, contributed 24 per cent. of
total industrial production and almost al1 the production of Tunisia's
'Seep. 9 belowforestimatesof tfishinpopulation. See also Tablp. 10.Pl TECHNICAL ANNEXES TO COUNTER-MEMORIAL 11
extractive industries. Much more important, however, wasthe contribu-
tion of this production to foreign exchange earnings, and additionally to
import substitutionin the case of petroleurnAs a result the Tunisian
economyhas been sheltered from the worst formof the problems of rising
oil prices through the existence of its petroleum sector.
TABLE3
Petroleumand the trade balance
TD millions-currentprices projection
-1972 -973 -1974 -975 '-976 -977
Value of exporks
(fob) ...........160.5 178.8 397.7 345.6 338.3 386.0
Value of imports
(fob) ...........216.1 261.6 445.2 521.8 598.3 685.0
------
Trade balance
(lob) ...........-55.6 -82.8 -47.5 -176.2 -260.0 -299.0
Valueofexported
crude oil........ 38.8 52.1 136.9 146.6 138.5
as % ofexports 24% 29% 34% 42% 41%
Source: Ministère du Plan 1976b, Fifth Plan.
Phosphate rnininghas not held its placeas a contributor to the national
economy. The value of exports at current prices wasTD10.3 million in
1972,rose to TD 46.4 million in 1975,but fell away in the face of world
market forces toTD 26.1 millionin1976and to under TD 10 million in
1977.
RenewabIe Nafural Resources-Agriculture und Fishing
In dealing with the livestock rearing and agricultural activitwas
evident that part of the region contributes a significant proportion of the
Tunisian agricultural sector production, approximately 18 per cent. in the
early 1970s,with the governorate of Sfax producing more than the other
two coastal governorates (Gabes and Medenine) together.
Itisquite erroneous to argue that the south isdesolate and by inference
not productive. Evertthecoasta arleaosfthe Gulf ofGabes have signifi-
cant agricultural production, and the productivity of the Isleof Djerba has
been significant throughout the 20th Century.It is not difficult to find
references which confirm ülso the productiveness of the Gulf of Gabes
earlier inthe century. "The oasis receivesits water supply from excellent
springsin the oued (wadi) about 6 miles from the sea." On the Arad
Plain to the southeast of Gabes there were "large suppliesof slightly
brackish underground water, fit for irrigating cereal crops and olive trees
and for watering sheep". Further on at Zarzis "palm and olive planta-
tions (were) irrigated by artesian wellsand large tanks". Nearby the Isle
of Djerba was "fertile and welldeveloped, withflourishingpalm and olive
plantations". The samesourceobservesthat along the southern coastof12 CONTINENTAL SHELF i9]
the Gulf of Gabes there were "small fishing villages and sponge-fishing
comrnunities", certainly verysrnallcompared with the agricultural setlle-
ments of Gabes and Djerba (al1quotations from Naval Intelligence Divi-
sion, 1945,page 44). Djerba supported 50,000 peopleat this tirne, Zarzis
over 1.000 and the total population of the coastal strip must have been in
the region of 100,000 (excluding Sfax governorate). The total fishing
population of Tunisia cauld not have been rnuch more than 10,000 of
which under 1,000 operated from the southern shores of the Gulf.
Assumingthat each fisherman supported a familyof five(a highfigure), it
would seem probable that an approximate breakdown of the economic
activities of the population of the southern coastal strip was:
Agriculture 75%
Fishing 5%
Urban 20%.
The balance has changed substantially since the 1930s but the proportion
of those depending on fishing has certainly not risen.
Indealing with the comparativeimportance of fishingand agriculture in
terrns of employment, we have introduced the other renewable natural
resource, that of fishing. We have shownalready that only a small pro-
portion of the population of the coastal strip and islands is engaged in
fishing. In terms of the region as a whole (including Sfax with the
Kerkennah Isles) the fishing community was apparently 3.3 per cent. of
the total populationinthe 1940s,and about 1.6percent. in the later 1970s.
(Such figuresare deduced from national census data ( 1946) and popula-
tion estimates (1970s) and a fairly static fishing community of approxi-
mately 50,000people.) On the basisofsimilar estimates the figure forthe
country as a whole forthe 1970s would be t.3 per cent.
The extent to which an economic sector generates ernployment is only
one way to evaluate its importance and effectivenessin the economy as a
whole. It is necessary also to look at its performance with respect to
production, value added and the potential for future growth as refiected in
government plans. TECHNlCAL ANNEXES TO COUNTER-MEMORlAL
TABLE4
Estimatesof thevalueof production forsome
important econornicsectors for theSouth
milliondinars
-fax Gabes Gafsa Mdenine --eSouth Tunisia
Agriculture
(1972),............11.0 5.0 7.0 4.0 27.0 154.0
lndustry (1969) .. 65.2 5.2 12.8 30.5 114.8 463.3
Tourism (1971) .. ? ? '? ? 11.6 53.8
Fishing (1969) .... 1.4 0.1 0.3 1.8 3.7
Source: Seklani 1976, pp. 79, 123, 137, 140.
Even ten years ago fishingrealized less than 20percent. of that contrib-
uted by the new tourist industry. The tourist industry is heavily concen-
trated in the south of the region at Djerba and Zarzis, and the relative
expansion of the tourist industry has been more rapid in these southern
locations than in any other parts of the country (sebnexl section and
Figure 1O).
The absenceof any reference ta tourism in the Tunisian Mernorial is a
very serious omission. IIis serious because the Tunisian case rests firmly
on the noiion that the fish resource of the Gulf of Gabes area is the most
signifiant contributor to the livelihood of the population rcsiding on the
shores afthe Gulf and especially along its southern shores. The factsof
thc rnatter are that the fishing industry has never been a very large
proportional employer, and its share in the employment market has
declined substantially in the past two decades. Tourism meanwhile has
grown rapidly in the recent past, es~cially in the 1960%and has become
an important element in the economy of southern Tunisia.
The tourist centres around the Gulf of Gabes, especially on Djerba, have
grownmore quickly than in any other region during the 1970s,and in 1970
Djerba was second only to Hammamet in the scale of its tourist enterprises
(see Figure 10 which depicts the Tunisian tourist industry). Even the
lsles of Kerkennah had gained from the growth in tourist revenues. The
early phase of growth in the industrinthe 1960swas associated with low-
cost holidays, and by the mid-1970s there were signs that this market was
either saturated, or Tunisia was not sufficiently attractive to sustain the
levelof growth attained in the previousecade, After some difficult years
in the mid- 1970s when the number of visitors levelled off, the policy has
been changed toencouragethe creation of more luxurious and incidentally
a much more revenue generating, type of tourist industry. Revenues have
increased steadily despitethe fluctuating level of the number of visitors.14 CONTINENTAL SHELF 1111
TABLE5
Somedata on Tunisian tourism
ReceiptsTDmn
1963 3.7 1966 13.6 1969 26.1 1972 67.4
1964 5.4 1967 16.4 1970* 1973 72.1
1965 9.2 1968 22.2 1971 53.8 1974 79.1
1975 115.2
* not available to author
Source: Anntcaire Statisriquede la Tunisie 1974-1975 and Secretariat
of Stale for Information 1978
Tourism has attracted a high level ofinvestment from boih publicas
well asprivate sources and from both Tunisian and international sources.
Some idea of the level of investment achieved between 1962and 1974 is
provided in Figure II. lnvestrnent never fell below!O million dinars per
year after 1963 and in 1973 itreached 23.9 million dinars. The south
receiveda disproportionately larger share of this investment which has led
to the rapid growth of the Djerba and Zarzis tourist amenities'.
Employment creation has already been mentioned with respect totour-
ism. Relatively small numbers were engaged in the industry in 1960.
Officialdata of the OftîceNational du Tourism for 1965 suggested that
there were 3,846 staff employedin hotels inTunisia. The samesource was
suggesting that there were 12.676 in such employment by 1969. The
number of Tunisians employed by the tourist industry as a whole rose
further to 19.900by 1973 and increased by 13,600 (68 per cent.) in the
period 1973-1976 (Secretariat of State for Information 1978. page 99).
Invalue added terms the industry was rnaking a 45 milliondinar contribu-
tion to the national economy in 1974 (see Figure II).
The contribution of the tourist industry to the national economy is
important both because of the value of revenues generated and especially
because most of the revenues corne in the form of hard currency. The 45
million dinar value added sum in 1974 and arnounts of more than double
that sum by 1977 were moreimportant to the economy than other labour
intensive manufacturing activities which did not figure in the export
market.
To have ignored tourisrn as part of the economic system of the Gulf of
Gabes regioncan only beinterpreted as a serious attempt bythe authors of
the Tunisian Memoriai to distort the picture of the real economic circum-
stances of southern Tunisia.
Tourism has for over 20 years been dynamic and expanding and has
becomea major feature of Tunisia'seconomicwell-being. Meanwhile the
fishing industry has expanded relatively little, and makes no equivalent
contribution 10the Tunisian economywhether measured in tetms ofvalue
' After 1966invcstmeintheDjerba-Zarzzonealoneranat therateof 5-6mildinars
pcryear,and i1973 wasstilover 5 milliondinars(Seklani 1976, p. 125).Il2] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 15
added. employment creation and even more important with respect to the
future. The prospects for fishingare that it willgrow slowly,wiltemploy
progressively fewer people and will never contribute significantly to
exports. Tourism, on the other hand, can consolidate its position by
concentrating on the better value added performance derived from
medium and high cost tourism, and thereby continue to make a major
contribution.
A warning should besignalled concerning the tourist data for the second
half of the 1970s. The number of visitors has fallen. The occupancy
rates of hotels were already falling by 1975 and have continued to fall
subsequently. although no recent data on this feature have so far been
located. The position up ro 1975 is shown in Table 6 and reveals that
occupancy was lower in the south than in resorts close to Tunis such as
Hammamet. Also the potcntial of the inland south, the Gafsa region, for
tourism had not beenproven by the mid-1970s. This last rends toconfirrn
the value of the coasta! resource, thiscase the leisureamenities associ-
ated wiih a shore linewith a reliable clirnate, where bathing. sailing and
aquatic pursuits are al1readily available. But al1of these activities are
veryspecificallyin-shore and depend in no way onthe centraland furlher
parts of the Gulf. which it is thepurpose of the Tunisian authors to
establish as an integral and essential parttheeconomy of the South; as
part of theirintent ro prove that an enlarged Gulf of Gabes is Tunisian.
TABLE 6
Tourist accommodation-levels of occupancy by region 1970-75
-ones ----- 1972 1973 1974 1975
% % % 9% %
Nabeul-Hammamet ................58.3..61.1 44.3 39.8 54.1
Sousse-Monastir .............................7 57.1 47.8 61.4
Djerba-Zarzis ..............................7.2 36.1 39.6 50.8
Gafsa-Tozeur .............................. - - 25.6 32.3
Tunis et Banlieue ............................. 51.642.3 42.7 52.7
Tabarkea-Bizerte ....................-......- - 34.7 34.7
Source: Ministère du Plan 1975, Annuaire Statistique de la Tunisie. p.
248.16 CONTINENTALSHELF 1131
(i ) Governmerlï lnv~sfnteni and Planning
~he performance of the econornyof the southhas depended to a consid-
erable extcnt on the perception of the central government about the
region's resources. lnvestrnent in the south has been considerable. if
selective, andFigure 12. showing the geographical distribution of invest-
ment. and Figure 13dernonstrate the special features of the econorny of
the south.
The south attracted more gove.rnment investment per head than any
other region. between 1962 and 1971. Most of this investment was
directed into extractive industries. in oil and phosphate mining, with lirn-
ited investment in manufacturing in Sfax and Gabes. Agriculture and
fishing were virtually neglected in the south and emphasis was given to
tourism as reflected in the spending on services (sec Figure 13). In
ngricultrirc the rnajority of investment wasdirected towards soi1and forest
protection, water conservation and related research, and those activities
accounted for 75 per cent. of the investments in this sector up to 1970.
There was little left for fishing and asa result the policy towards fishing
has becn to make loans available on favourable terms through the
National Fisheries Board with a view ioinodernizing the sector. But the
"authorities counted on individual effort to incrcase the inadequate pro-
duction froni the coastal waters rich in fish 3s ihey" were (Secretririar of
Statc for Information 1978, page 156). This statement rcveals the per-
ception of thosc in central government that there was a big potential for
fishing in the mid-1970s and that reasonable returns could be achieved
with only limited assistance to the industry.
The cffect ofthe pattern of investment in the south. and especiatly in the
southern governorates of Gabcs and Medenine, has been 10slimulate local
(Mzabi 1978) and inter-regional immigration and urhanization. The
resourccs or the rural areas have no1 bcen able to support the growing
population and there has been a markzd moveto the towns (Seklani 1976,
pages 308-399). iMedeninewas the governorate which lost most popula-
tion through emigration. The net ernigration figurewas 0.85 percent. per
yelir, cornpriredwith 0.16 pcr cent. from Sfax, 0.65 per cent. from Glibcs
and 0.12 per cent. from Gafsa (Scklani 1976, page 201). Other
governorates inthe north gained accordingly. Suchare the pressures that
even the growth of tourisrn has beenquite inadequate to absorb the surplus
rural population.
These signs of economic instability are reflected in the national arena.
Tunisia's isa deficit econorny and at no time in the past two decadcs has
sufficient incorne been generated to balance external payments or to
finance rhc developmeni budget. Since independence Tunisia has been
heavilg dependent on external aid and loans. In the late 1960s.for exam-
ple, Tunisia received more United States aid per head than any other
African country. TECHN~CALANNEXES TO COUNTER-MEMORIAL 17
TABLE7
Tunisia'sprojected external debt-1977-1981
(TDmn ) -1977 .978 1979 -1980 II81
Total external dcbt ..............774.9 1004.9 1233.9 1449.9 1639.9
Composition of external debt
Government debt .................8 443.8 542.6 612.0 667.2
Debt of enterpriscs ...........455.1 561.1 69 1.3 837.9 972.7
(including State owned
and privatc)
Debt service ........................ 94 123 159 211
45 50 60 80 115
Principal ..............................
Intcrest........................32......44 63 79 96
Debt service/current re-
ceipts .......................10.8%) I l 12.8% 14.6% 17.4%)
Source: Republjc of Tunisia Ffllh Planfor Economir and Social Bevelop-
ment 1977-1981, Table IV-2-1.
By the late 1970s the total debt was cxpcctcd to rcach 1004.9 million
dinars by which time gross domestic product had rcachcd 2426 million
dinars. In the same year the debt scrvice/current receipts ratio would
have risen to11.5per cent.and was cxpected to goas highas 17.4per cent.
by 1981.
The Tunisian economy. though somewhat proiected frorn the worst
problems of imported inflation through the possession of oil andsome to
spare, isneverthelcss vulnerable to a number of economicdraughts. First,
its petroleum production has not proved to be reliable and there have been
technical difficulties (Middle Eusr Annual Rrview, 1979, page 380).
Second, commodity prices have fluctuated for the other major exports,
phosphates and olives. Third, agricultural.production varies greatly from
year to year as a result of the country's semi-arid climate, leading to the
purchase of costly imported food. The fluctuations in national revenues
whichthese circumstances bring about havecaused,and will continue to
cause, balance of payments problems. especially as development spending
has always been sustained and continues to be planned.
The level of investment has only been possible through external contri-
butions. Government to government payments have been the major
source of such funds but private foreign finance varied between 40 and50
per cent. between 1966and 1974(see Figure f5 showing the evaluationof
foreign contributions). A high proportion ofthe private foreign invest-
ment has gone into tourism and manufacturing industry and there issome
reasonable cynicism about the motives of foreign investors in these enter-
prises (Middle East Annual Review, 1979, page 380). Some of the
indusiries have proved to be vulnerable to trading quotas. Textiles for18 CONTINENTAL sHELF 1151
instance sufîered grievously in 1977 when European Economic Commu-
nity quotas were introduced. Textiles had shown the biggest rise in
employment of any sector (see Figure 14) and the impact of the quotas
was very powerful.
Deficientin capital resources, Tunisiahas a labour surplus and much of
this surplus is highly educated. Temporary emigration overseas for
employrnent is common in Tunisia, and the numbers crossing to Libya
have been substantial whenever political circumstances have permitted
such movements. The complementarity between the economiesof Tuni-
sia and Libya is obvious with respectto iwo of the factors of production,
labour and capital. Land the other factor of production is. unquestion-
ably arranged in Tunisia'sfavour. Tunisia has more rainfed landper head
and those tracts enjoy more rainfall than rainfed tracts in Libya. Thus
the matter of the current relative economic positions, attributable to
unequai factor endowment. to which attention is drawn in the Tunisian
Mernorial (Volume 1, page 69. paragraph 3.51 ) should be considered
further.
4. The Jeffara Plain - A Natural Region
A. A Definirion of the Region
The JeiTara Plain is a rcgion which is bounded by very distinctive
geomorphological features. A change inrelief marks out the boundary of
theregion very clearly. Itis reilected in a line of hills which in the West
hasa northerly orientationin the KsourOC Tunisia; the escarpment swings
to the east in the Jabal Nafusah and continues through the Jabal
Tarhunah to meet the coast again in the Jabal Mslata to the Westof Al
Khums. The western part of the region lies in Tunisia; the eastern and
major part of the Plain liesin Libya.
Because the Jeffara Plain isa relatively undisturbed geological feature
theregion has a natural uniformity. 1twillbe shown that this uniformity
isreflected in the geomorphology, soils and groundwater of the region.
The agriculturat potential of the Plain doesVaryas a result of the disposi-
tion of rainfall. The eastern part of the Plain is better favoured. and that
part whiih enjoys over 200 rnillimeires of annual average rainfall, can
support dryland fürming. Elsewhere settled agriculture depends on ~he
groundwater resource.
B. The Narural Resuurces of the JeDra Plain
(i) Cliniafr
The Jcfiàra Plain is a semi-arid area, with rainfall concentratcd in the
winter months. The important threshold determining the extent of
rainfed agriculture is the 200 millimetres average annual isohyet. Less
than one-third of the Libyan Jeffara and lessthan 20 percent. of the whole
Jefiara Plain which includes theTunisian element of the regionerijoymore
than 200 millimetres of annual rainfall. A further third of the Libyan
JeKara Plain receives rainfall sulticien10 provide grazing for livestock;
approximately the same proportion of grazing land isavailable in the total
JeRara region.[161 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 19
Lowrainfall areas alsoendure sharply fluctuating levelsof rainfall frorn
year to year, and the proportional fluctuation increasesas theaverage level
of rainfall decreases. Thus the marginal grazing resources are subject to
increases, and rapid declines, in production. Likewise the marginal dry-
land farming areas show marked fluctuations in grain production which
closely cotrelate with the levels of annual rainfâll (Ewing 1978).
(ii) Groundwarer
The Jeffara Plain region, including the Libyan and Tunisian elements, is
a single groundwater province (Desio 1940,Hill 1960,Welsh1979). The
deep and shallow water bearing strata, the aquifers, are connected as a
singlesystem in the south of the region. but are separated bya clay layer in
the northern coastal strip of the Plain.
The upper (Quaternary) and deeper (Miocene) aquifers slope gently
coastwards. The generally undisturbed and coastward dipping aquifers
are ideal media for transrnitting groundwater from the southern infiltra-
tion zone to the coastal zone. Here it supplements infiltration frorn the
higher rainfall at the coast where rnoçt water withdrawal and use have
conventionally taken place.
The geology of the Jeffara Plain has determined the disposition of
groundwater, the region's most precious natural resource. This lirnited
resource has tended to accumulate in the coastal tract in the north of the
Plain. Because population and settled farming have tended to concen-
trate inthe Tripoli atea which is best favoured interms of annual rainfall,
it has been in this zone that the groundwater has becn most heavily
developed. Excessivegroundwater withdrawal in the Tripoli area has led
to a rapid decline inthe groundwater resource. Withdrawals eight tirnes
the rate of recharge have been observed in the worst affected areas of
Tripoli, which in 1978 was a rate much higher than the estimated four
times average for the Libyan Jeffara as a whole (Floegel 1978).
The Jefîara Plain is hydrogeologically a single unit. The dispositionof
the northward dripping sedirnents causes the groundwater to accumulate
in the coastal zone. The international boundary traverses the single Jef-
fara groundwater province whichembraces both the Tunisian and Libyan
elements.
(iii) Soils
The origin and developmentof the soilsof the Jeffara Plain havetended
to be uniform. Except for the sebkha deposits at the coast, and the water
sorted materials of the wadi beds onthe Plain irself,the soilsare aeolian in
origin. In composition they reflect the Quaternary geology of the Plain
and the limestones, sandstones, marls and clays of the Jabal Nafusah.
Their mechanical character is sandy and their organic content is uni-
formly low. Though everywhere poorin sail nutrients, they nevertheless
can produce good yields of field and tree crops, but only with very high
inputs of irrigation water because high infiltration rates characterize the
sandy Jeffara soils. Unfortunately water is a scarce resource.20 CONTINENTAL SAELF
(iv) Vegetafioti
Vegetntion varies according to the rcgional variation in rainfall. Like
the water resource. the vcgetation resource upon which the grazing activi-
lies dcpcnd has been very hard pressed in recent decades, and Cintzburger
and Bayoumi ( 1977) have shown that the productivity of the range was
nui equal in the mid- 1970sto the dcmands being placed upon it. At thc
sarne timc dryland agricultural schcmes have been set up in many agricul-
iuralty ver! marginal areas which were used alniost exclusively for grazing
for rnany centuries. Asa result the area of serni-natural vegetation of the
Jcfira Plain hasdcclined by tOpercent. inthe past decade and by alrnost
50 per ccni. since ihe bcginning of the century.
The vegetation rèsources are not arranged cquallg over the JeKara
Plain. The quality of the range changes with rainfall and the eastern part
of the Plainenjoys miichmore favourablcrains thcin does thewesternand
the Tunisian Jeflara. In the region traversed by the international bound-
ary the vegetation resourccs are uniformly disposed from west to easl.
Progressively poortr quality rangeland is found as one moves away from
the Coast atong the international boundary.
C. The Problcms of Managing Renewahleh'atural Resources in the
Jeflara Pluin Rcgiun.
Thc Jcbra Plain is Libya's richest agricultural resourcc. but as alreridy
indicated its groundwater. upon which irrigated farming dcpends, is seri-
ously depleted. Mcanwhile the grazing resources in the areas of low
rainfrtll are overgrazed and much disturbed by the attempts to grow
cercals in places with less than 200 rnillimetres of average annual rainfall.
Agricultural production rose steadily through the 1960s and intothe rnid-
1970s. but wiih the realization that the groundwater rcsources were lim-
ited. merisures wcrc taken to reduce withdrawal and the planting of crops
such as citrus and tomatoes was controlled. As a result the levcls of
rigricultural production for the Jefi'ara have not risen sincc the mid-1970s.
Water shortages have also forced some farmers to reduce levels of
cropping.
These unpleasant environmental facts give the lie to the claim in thc
Tunisian Mcmorial that Libya has an easy set of economic circumstanccs
to manage. Even in Libya's most favoured area foragriculiural produc-
tion the prospects for irrigated farming are poor. In the west of the
Libyan Jeffara on the border with Tunisia, there is furtlier evidence of
resourcc management dificulties, in this case facing both governmcnts.
On the 1-ibyanside of the border attempts have been made io cultivate low
rainfrill arcas with supplementary irrigation. The absencc of success of
theseventures. privately financcd (but indirectly funded by oil revenues to
which farrii owners have gained access by other work), confirms the
dericiencies of thenatural resource base of theJeffara Plain, and especially
of the western Jeffara.118) TECHNlCAL ANNEXES TO COUNTER-MEMORIAL 21
5. Conclusion - The Major Natural Divisions of the Gulf of Gabes -
JeffaraRegion.
On the basisofa number ofnaiural characteristics which affectthe land
utilization practices of the regions, the Gulf of Gabesan be shown to be
non-uniform, whilethe Jefara Plaincan beshown tobea uniform geologi-
cal. geornorphological, and soilsregion.
The most important faclors which point to a nalural subdivisionof the
onshore Gulf of Gabes are the differences first in levelsof rainfall between
the northern partof the Gulf ofGabesarea and especiallyinthe area north
of Sfax (an area not usually included in the region defined astheGulf of
Gabes), and thesouthern shores of the Gulf of Gabes, as well as in the
seasonal disposition of winter rains. Second, there are groundwater
dividcs.one of whichemerges at the Coastto the westof the Isleof Djerba,
and the other just 10 the north of Gabes.
Itisthe former of thesegroundwater divideswhich alsohas topographic
expressionin the upland of the Ksour and these bound thewestern margin
of the Jeffara Plain. Unlike the Gulf ofGabes the Jeffara Plain is a
geologicallyuniform region, and only rainfall variations cause there to be
diKcrencesin the pattern of land utilization onwhat are otherwiseuniform
soils and generaily uniform groundwater resources.
6. References
Commission for Technical
Cooperation ................1963 Cane des sols d'Afrique, Feuille
6. Institut Géographique Mili-
taire. Bruxelles.
1960 "Sulla posizione geologica e
sull'oragine delle falde equitere
artesiano della Gefara" Istituto di
Geologia di Milano. Publ. No. 13.
Milan.
1961 La Tunisie:ses regions,2'édition,
Armand Colin, Paris.
"Report on the experiencewithce-
1978
reals and medic pastures on the
Cereals Project, Gefara Plain".
Gefara Developrnent Authority.
Tripoli (rnirneo).
Floegel, H. ......................... "lso-piezornetric map and iso-
drawdown rnap for 1976/77 for
the first reservoir in the Gefara",
Secretariat of Dams and Water
Resources, Tripoli, mimeo. 12pp.
deFages. E.and
Ponzevera, C. ................908 Les pèches nloririmes de la
Tunisie.Edirions Bouslama, Tu-
nis, 2d édition.18lpp.22 CONTINENTAL SHELF 1\91
Gaussen, H. and Vernet,H. Carre Internationale du Tapis
Végétal: Tunis-Sfax, Gouverne-
ment Tunisien, Tunis.
Gintzburger, G. and
Bayoumi, M. .................. Survey of present siruafion and
production of the Libyun range-
lands, Agricultural Research
Centre. Tripoli, FAO-ARC
TF9 197, 50pp.
Hill. R.W. ........................."Underground water resources of
the jeiTara Plain" in Willimott,
H.S. and Clarke, J.I.,FieldSlud-
ies in Libya, University of Dur-
ham.
Middle EastAnnual
Review ...........................Middle East Annual Review,
World Information, London.
............. Annuaire statistique de la Tunisie
Ministère du Plan 1969. Institut National de la
Statistique,unis 4, 1pp.
Ministèredu Plan ............. Séries Sraristique-reirospective
1968-1973, Tunis.
Ministère du Plan ............. Travauxprépararoiresdu VPlan:
' . l'agriculrure eila pèche, Tunis,
51pp. and 19 annexes.
Ministère du Plan ............. Fvth planfor economicand social
davelopment. Tunis.
Mzabi, H. ..........................La croissanceurbaineaccéléré ae
Jerba et ses conséquencessur la
vie des relarions versl'éxrerieur,
Universitéde Tunis, Faculté6 Let-
tres et Sciences Humaines. Gé-
ographie, Vol.VII, 178 pp.
Tunisia: Geographical Hand-
Naval IntelligenceDivision book. The Admiralty. London,
532 pp.
Secretariat ofState for
Information .................... Tunisin nrovesahead, Ceres Pro-
ductions, Tunis.
Seklani. M. ........................ Economir ef popularion du Sud
Tunisien, Centres de Recherches
et dlEtudes sur les Sociétés
Méditerranéennes, Editions du
Centre National de la Recherche
Scientifique, Paris,55pp. . 23
[201 TECBNICAL ANNEXES TO COUNTER-MEMORIAL
ServiccTunisirndcs Statis-
tique .......................1947....Annttaire stcifisiiqire de la
Tunisie. Tunis.
So<;~t:.nti ....................1977.. Trawl fishing ground slrrvey (4'
the Tripoliranian const, Final Re-
port, Grerioble, 30pp.
Tunisian Tourism Naiional
OHice ......................1975....Annual tourist data, Tunis ..........
Welsh J. L. ...................1979. "Critical warer problcmç of thc
Gefara Plain and Suggested Ini-
mediaie Actions", Gcfarü Plain
Water Management Plan Project.
Secrerariat of Agricuitural Rccla-
mation and Land Developnient.
Tripoli (mirneo), 17pp. CONTINENTALSHELF
Annex 2
THEMEDITERRANE CAONASTLI NFENORTH AFRICA
EMPHASIZIN THE COAST OF TUNISIA AND LIBYA
AND
DR.E. W. ANDERSON**
* M.A.. unGersofOxford;Ph.D.UniversiofSouthampton.
** M.A.,UniversofOifor;M.A. ,niversityof Manch;M.Ed.,Universofy
Newcast;Ph.D.,Universityof Dur;Ph.D.Universiof Newcastle.[Il TECHNICAL ANNEXES TO COUNTER-MEMORIAL 25
Part 1. THE MEDITERRANEAN COASTLINE OFNORTHAFRICA
FROM CEUTA IN MOROCCO TOELARISH IN ECYPT
Beforeconsidering the coastlines and coastal zones of eastern Tunisia
and western Libya',it is necessary toview this particular stretch in the
contextof the entire North African coastline ftwo reasons:
Whatever geornorphologicalor geologicalcriteria are used,the
(a) coastline from Cape Bon to Ras Zorug occurs at a zone of '
majorchange.
(b) When theexact positionofchange ineachcase isidentified,it is
found that nonecoincides withthe international land boundary
between Tunisia and Libya.
TheCoastof NorthAfricafrom Ceuta to El Arish
This coastline, some4,340 kilornctresin length, includesthe littoralsof
fiveStates and, physically,presents extrerne contrasts. The overall trend
is east/west and only the coastlines of Tunisia and Libya display any
major departure from this. It is therefore broadly orientated northward
allhough locallythestruciural trends produce modifications.
The major morphologicalcontrast is betweenthe high ruggedcoastline
of the westernart, dominated by the Atlas Mountains,and the lowcoast
of the east praducedby the Nile delta2. The former is a tecessional
coastline on which the major processesare erosional whilethe latter is an
accretional area in which depositionpredominates. The character ofone
was produced basicallybythe forcesof the land and theother by the forces
of the sea. Betweenthese iwoextremes lie the coasts of Eastern Tunisia
and Libyadisplayingina measure characteristics which owesomething to
each source. However, while the highlands in the West are high and
folded, those in the east are low and plateau-like.
As a result of these différences,the Westtends to bea highly indented,
complexcoastline with a large rangef offshoreislarids,reefs and shoals,
while the east is very much mare regular with depositional features and
sandbanks.
The inclination of the continentalhelf out to. for example, the 200
metre isobathalso variesconsiderably frornoneend othecoastline to the
other. Alongthe western mountainous coast it is a narrowfringeaverag-
ingsomesixnautical milesto the 200metre line. Alongthe east coast the
mean width is some 20 nautical miles. The shetf to the 200 metre line is
extensively developedinonly two places,off the east coast of Tunisia and
west coast of Libya, and seawards of the Nile delta.
Geology
A further markeddistinctionis providedby geology,sincethe sediments
tothe Westhave been intensivelycrushed and foldtaproducethe various
complexelements of theAtlas chain, whereasthosof the east were laidon26 CONTINENTAL SHELF 121
the stable African platform. Thestructure along the eastern coastal zone
is therefore simple, whereas that of'the western end ishighly cornplex.
Thestructural trend linesin the Westare varied, and with fewexceptions
are between west/southwest to east/northeast and southwest to northeast.
There is no such clear-cut pattern of trends on the African platform
although the general tendency is towards the north and northwest. The
pattern of faults inmany ways parallels these fold trends. Major faults
affecting the western end are aligned from southwest to northeast, while
those in the African platform sediments are variously aligned tanging
from southeast to northwest, to east ta West.
From the complicated geological record it istherefore possibleto iden-
tify key features which distinguish quite clearly the western part of the
coastline from that to the east.
Sa1 t Marshes
Whileclimateand economicactivities of the coastal zone,although they
also pravide a contrast, are not to be considered here, increasing aridity is
also expressedin the prevaIenceof major Iandforms, salt rnarshes. These
features which greatly influence the rnorphology of the coastal area
becorne prominent from the east coast of Tunisia eastward.
Frorna consideration of the morphologyand geotogyof the coastlines it
ispossibleto establish a number of clearcut contrasts between the western
end of the coast and the eastern end respectivety:
(a) Highland: lowland
(b) Complexity: simplicity
(c) Land dominated: sea dominated
(d) Rugged relief: smoolh relief
(e) Erosion: deposition
(f) Structural cornplexity: structural simplicity
(g) Fold trends - southwest to northeast: southeast to northwest
(h) Fault trends - southwest to northeast: variable
These variations identified on the rnacro-scale are confirmed by the more
detailed examination of the coastlines as follows:
(a) The northern coastline of Morocco
(b) The coastline of Algeria
(c) The northern coastline of Tunisia
(d) The eastern coastline of Tunisia
(e) The coastline of Libya
(f) The coastline of Egypt
Contras?Boundaries (Figure 1)
The eastern coastline of Tunisia and western coastline of Libya both
contain areas of highland and lowland but the boundary between the
predominantly high areas and the predominantly lowareas occurs at RasPl TECHNICAL ANNEXES TO COUNTER-MEMORIAL 27
Kaboudia (A). South and east of this, upland, and particularly rugged
highland, is exceptional. North and Westthere are very few bays or
lowlands.
Obviouslymorphologicalcomplexity,and the presenceof erosional fea-
tures, are more closelyaligned with a highland coastline. However,Ras
Mostefa (B) marks the commencement of the first major depositional
area with its smoothcoastline. In the Westthere are somefivebays with
predominantly northwest facing sand dune coastlines, butthese are al1of
limited extent. To the south and east, indentations anderosionalfeatures
occur on the northeasr orientated side of the Sahelian foreland and to a
limited extent between theGulf ofSalumand Arabs Gulf. There are only
two large scaleshoreline,accretionalfeatures beforethe Kerkennah banks
but beyondis a welldevelopedspit around the Isleof Kneiss,the tombolo
linkingthe Isleof Djerba to the mainland, the çpitsand bars on either side
of the TunisianjLibyan frontier and a range of offshorebanks beforethe
major developmentsof the Nile delta.
The shelf width isextremely restricted alongthe wholeof the westcoast
as far aç Cape Blanc (C) from which pointthe distance Io,for example,
the 200 metre linebecornesclearly more extensive. In one or two baysto
the Westand particularly on either side of Cape Tres Forcas the shelf is
welldeveloped. Tothe south and east ofCape Blanc itnarrows noticeably
near Misratah, inthe neighbourhood of Ras el Hilal,andin Abu Hashaifa
Bay.
Geologically the major boundary is lhat of the Saharan platea (D)
which pravides the eastern hundary of the Alpine fald area. However,
the Alpine domain proper includesthe Cape Bonpeninsula andthe Sahe-
lian foreland;the boundary separating it from the African platformoccurs
at Gabes (E). This position also separates the fault line trends of the
African platform from those of the Atlas system.
Finally, the development of coastal salt marshes commences in the
neighbourhoodof Sousse (F). There are occasionalexamples along the
western part ofthe coast butsouth and east of Sousse theyoccur regularly
and influencethe morphologyof the coast.
Inconclusion, subdividingthecoastlineof North Africa clearlypresents
problems. However, usinga number of clear-cut objective criteria itis
possible to make a broad division between the west and the east.
Although the eastern coastline of Tunisia and the western coastIine of
Libya present in manyways a zone of change, it is possibleto assign a
number of well defined baundaries, al1 of them occurring within this
stretch. Thus the significanceand importance of this coastline morpho-
logicallyand geologicallyare clearly illustrated.
TheNorthernCoastline of Morocco
This coast stretching fromCeuta to Saidia, a distanceof approximately
300 kilometres,has a scallopedappearance but nodeeplyinset bays (Fig-
ure 2). The trend is broadly east/west and therefore the orientation is
north with variations locally. It ashighland coastlinewith very limited28 CONTINENTAL SHELF (41
coastal plain developmentand the main features are erosional. The shape
is howevergoverned moreby the trend of the mountains than any coastal
brocess.
South of Ceuta the coast is at first comparatively low and fringed with
rocks and offshore banks. It becornes increasingly rugged with alternat-
ing high rocky points and restricted sandy beacheç as far as Punta de
Pescadores. From this point the coastal strip becomes increasinglyarid.
Eastward there are highrugged cliffs,particularly near Mestaza with little
beach development and a nurnber of offshore islets. The Bay of
Alhucemas has high prominent headlands and the coastline eastward is
backed by high mountains, insomecasesover 1,000metres. There isonly
one beach of any size and the coastline is a successionof rocky points and
smali islets asfar athe rnostdominant promontory, the Cape Tres Forcas
which reaches a height of over 400 metres This steep rocky peninsula
gives way to the one major depositional feature on the entire Moroccan
coastline, a bay bar enclosing a lagoon, Puerto Novo, which is backed by
lowsand dunes. The remaining length of the coastline iscomposedof low
cliffs and islets with beaches and shoals.
The northern coastline of Morocco is thus mainly high
and rugged and backed by mountains, with very few
beaches of any size, almost no lowland coastline, and
only one obvious depositional feature.
The Coastline ofAlgeria
Stretching from Marsa Ben Mehidi to Cape Roux, a distance of some
990 kilornetres.the coastlineof Algeria ismore than three times the length
of the northern coast of Morocco (Figures 3 and 4). It is more obviously
rectilinear with, for longstretches, no sizeable intets at al]. In fact there
are only four baysof any extent: the Gulf of Arzew, the Gulf of Bejaia
and the bays on eilher side of the Cape de Fer peninsula. The whole
length describes a gentle convexcurve with a basic northerly orientation.
It is a highland coast dominated by the rnountain chains and displaying
the effects of erosion with few depositional features.
From the border to Oran the coast is rocky and comparatively high,
broken occasionallybydeep river valleys. The peninsulasare fringed with
offshorerocks and islets. Oran Bay itself displays offshoreshoalsbut the
Gulf of Arzew has a lowshoreline although it rises steeply inland. From
Cape Ivithe coastline increases inheight with rockyheadlands, deep river
valleys, offshorereefs and rocky islands. Immediately inland the moun-
tains rise to over 1,000metres before the lowsandy coastline of the Bay of
Algiersisreached. The coastline then continues with high points, offshore
shoals, rocky patches and occasional islands,tothe Gulf of Bejaia whichis
dominated by mountains reaching over400metres The coast continues to
be high and mountainous as far as Skikda, beyond which isthe Oued el
Kebir ina lowlanddepression with offshoreshoalsand woodedsanddunes.
Beyond Cape de Fer the famiiiar pattern of promontories, shoals and151 TECHNICALANNEXESTO COUNTER-MEMORIAL 29
offshore islands continues to Annaba from whichstretches a lowland with
rocky spits to Cape Rosa. From Cape Rosa to the border beyond Cape
Roux the coastline is again rocky and backed by lakes.
The Algerian coastline is thus high and rocky with off-
shore islands and shoals and virtually no lowland except
in the neighbourhood of Oran, Algiers, Skikda and
Annaba, where only limited areas exist. In these cases
al1clearly northwest facing. the coastline is smooth and
backed by dunes.
TheNorthernCoasttine of Tunisia
Frorn the border to Cape Bon, a distance of some 240 kilometres. the
coastlineof Tunisia consistof two major promont~riesandone Iargeinlei,
the Gulf of Tunis (Figure 7). It thus displays the most prominent fea-
tureç on the whole north coastofthe Maghreb. Furtherrnore, although a
large part of the coastline isfringed by islands. the lslesof the Galite group
are byfar the most important. From the border thecoast is high and
indented with cliffs,narrow beaches and rocks offshore. Heights inland
exceed400 metresbut aredistinctly lowerthan those of the Kabylie to the
West. The Islesof the Galite display steep coasts and the main isiand rises
io almost 400 metres. There are two smaller rock fringed islands, three
other rocks and a successionof shoals and banks. From Cape Serrat the
coast diminishes in height ta a number of sandy beaches although cliffs
occur. Inland rather than fold mountains the main formation isa plateau
of comparatively regular heighi. Beyondthe cljffs of Cape Blancthere
are sandy beaches with offshore rocks toCape Farina, itself surrounded by
rocks and shoals. lmmediately to the south isa delta and the coastline to
the southeast is low and marshy. The southern and eastern sidesof the
Bay of Tunis are mountainous with summits of over 500 metres and
rugged cliffs and islands extend as far as Cape Bon.
TheCoasrline of Tunisia from Cape Bon to RasAjdir
Cutting across the rnountain chains, this coastline, approximately 560
kilometres in length, is deeply indented with two major bays, the Gulf of
Hammamet and the Gulf of Gabès. and two major promontories, Cape
Bon and the Sahelian foreland (Figure 5). The most easterly part is a
region of deposition in the area of the Isle of Djerba. Where the coastline
parallels the mauntain trend, facing southeast, it tends to be low and
depositional, where itcuts sharply across, and is therefore orientated
towards the northeast, it tends to be rugged with high promontories and
offshore rocks. There is therefore a succession of coastal stretches dis-
playing firstly erosionalfeatures and then those of deposition. Addition-
allythere are severaloffshore islandsand a major area ofaccretion around
the Kerkennah Isles, Further large scale deposition occurs around the
Isle of Kneiss and the Isle of Djerba.
The coastline of Tunisia is therefore one of comparatively
major features with prominent headlands and deeply 30 CONTINENTAL SHELF [SI
indented bays. It possessesthe most clearly differentiated
features of the three coastlines described above and is the
only one with major offshore islandsand large stretches of
deposition.
TheCoastline of Libya
The coastline of Libya from Ras Ajdir to Salum is by far the longest
possessedby a North African State, and whileincludingthe major inleton
the entire coast, lacks small scale indentations (Figure6 and 7). The
Libyan coastline also ofiers a sharp contrast in being basically lowland
with sand dunes and a range of depositional features. The trend is
east/west and the entire length, except locally in the Gulf of Sirt, is
orientated northward. From Ras Ajdir to Ras Zorug there are several
wideinletsbut withthe exceptionof stretches from Ras el Hallab to Ras el
Msen, cliffsare either lowor absent entirely. From Ras Zorug southward
there are lowsanddunes withoccasionaloffshorerocksand thecoastline is
backed bya seriesofsait lagoons. Beyond EsSider there are rockypoints,
extensivesalt marshes and shoalbanks. The coastline continues lowbut
increasingly rockfringed to Bengazi near whicha number of spits have
developed. The dunes and coastal salt lagoons continue northward, but
beyond Tocra the coastline becomes increasingly rugged with offshore
reefs and hills near the sea rising to 300 melres. From Tolemaide the
coast is characterized by rugged steep cliffsand narrow sandy beaches as
far as Derna while occasional islands occur and the cliffs are in places
dissected by deep ravines. Beyond Derna the high tableland produces
bold cliffs, but the Gulf of Bomba is low and sandy with islands and
offshoreshoals. BetweenTobruch and Ras el Mreisa steep slopesof the
tableland become lowerthough more rugged with a shoal fringe.
The coastline of Libya is therefore very largely low with
sand dunes and offshore banks although in places coastal
hills and offshore rocks alsooccur. There are only two
stretches of highland and these are in sharp contrast tothe
rugged peaks of the Maghreb. However,although there is
hilly relief in the Al Khums region, beyond Bengazi the
upland is basically a plateau.
TheCoustline ofEgvpt
The coastline of Egypt from SaIurn to El Arish, a distance of some 780
@ kilornetres, fallsnaturally into two distinct sectors (Figures 8 and 9).
From the border to Arabs Gulf it is low but comparatively rugged with
erosional features. Beyond, it consistsofthe major depositional area of
the Nile delta. It istherefore maintya lowcoastlineorientated northward
with onlyone major feature, the delta.
The westernsideof the Gulf ofSalum hasvertical clifîbut the southern
side is lowwith salt marshes and a sandy coastline with occasional rocky
points. From Sidi Barrani to Ras Alum el Rum the coast is almost
rectilinear with a fewsharp indentations. It is backed by the fiat summiti71 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 31
of the Libyan plateau and dissected by wadis, although there areacca-
sionalSaltlagoonsinland and rocksoffshore. Abu Hashaifa Bay issandy
and backed by hillsand terminates in Ras el Kanayis, a promontory with
offshore reefs. From Ras el Dab'a ta Arabs Gulf the coast is sandy with
cliiTsandfringed with rocka sndshoals. Beyond is theNiledelta,a very
lowsandy coastline with shifting offshore banksand occasionalsandhills.
The majorcharacteristic isthe classicarraof accretional features includ-
ing spits and bay bars, the latter enclosinga seriesof lakes. Beyand,the
wast to ElArish continues to be extremely low lying with many shoals
exlending far ofishore.
The coastline of Egypt considered isthus alrnost entirely
lowand largely dominated by major depositional features,
It therefore contrasts strongly with the coasts of the
Maghreb.32 CONTINENTAL SHELF [81
References
(1) JamahiriyafromCape Bonto Ras Zorug".isiaand the LibyanArab
(2) Fig. IA: PhysiographicDiagramof the Mediterranean (Weezan
andTharp), 1970. Lamont-Doherty Observatorys,et forthinAn-
nex-II tthe Libyan Mernorial.
(3) Castany,G.:"Lehaut-bassin siculo-tunisie;tudede morpholo$ie
et de géologie sous-marines", Bulletin de la Station Ocea-
nographiqutde Salammbo, Tunisie, No. 52,September 1955,pp.
3-18.191 TECHNICALANNEXES TO COUNTER-MEMORIAL 33
Part 2. THE COASTS OF TUNISIA AND THE LIBYANARAB
JAMAHIRIYA FROM CAPE BON TO RAS ZORUG
Considerationof the coastlinesand coastal zonesofeastern Tunisiaand
western Libya reveals four poiof significance:
(a) While the Libyan coast is virtually monodirectional, facing
north, the coast of Tunisia exhibitsa widerange of orientations
with the basic component well north of east.
(b) A nurnber of distinct and contrasting physical, ecological and
economiczonescan be distinguishedalong the coastlines. One
such broadly homogeneous unit is bisected by the Tuni-
sian/Libyan land border.
(c) Libyan exploitationofthe resourcesof abovethe continental
shelfto the north has beenconsiderable. A separate rnemoran-
dum on fisherieselaborates this point1. That this utilization of
the sea-bed has extended westward up to a line due north from
Ras Ajdiris illustrated in the memorandumon the GrBank2.
(d) Contrary to impressionsoften given, Libyais a maritime State
witha very highproportionofits populationconcentrated within
10 to 15 kilometres of the coast. This is particularly true of
western Libya, the coastal zonehichhas witnessed massive
investment in a wide range ofvelopments.
The Coast of TunisiafromCape Bonto Ras Ajdir(Figure la)
This lengthofcoastomprisingapproxirnately70 percent. of the entire
Tunisian coastline, consists of fivemain elernents:pe Bon penin-
sula. the Gulf of Hammamet, the Sahelian foreland, the Gulf of Gabès
and the lagoonalcoastof Bahiret el Biban. The wholearea ltheeast
of the Saharan plate boundary3and has therefore beensubjected to Alpine
movements superimposed upon the basic African trends. The major
trends as indicated by the Cape Bon peninsula are therefore from south-
Westto northeast and south/southwetonorth/northeast, varying locally
and being modifiedtowards theouth. The shape of the Gulfs of Ham-
mamet and Gabès reinforces thisgeneral pattern.Coastlinesparallel
with the trend such as the north shore of the Gulf of Gabèstend to face
southeast whilehoseacrossthe trend suchasthe souiherncoastlineof the
same Gulf are orientated towards the northeast.
TheCape Bon Peninsula
From Cape Bon to Ras Mostefa, a distance of some 23 kilometres,the
coast iscornparativelyhighand rockywithshoalçoffshore. It increasesin
heighl southward to 142metres inland from Ras Mostefa and displays
pattern of alternating beaches and cliffs. It is an erosional coastline
shelving comparatively steeply, with the 20 fathom iine less than 1.5
nautical miles offshore.
There is one rninor coastal road and settlement is thin, with onlyone
small anchorage off El Haouaria. Agriculture along this strip consistsof34 CONTINENTAL SHELF [Io]
extensive animal husbandry of generally low grade. However owingto
the unspoiled beaches and cornparatively spectacular scenery, it can be
considered a developingtouristic area.
FrornRas Mostefa toRas Maamoura, approximately 55 kilometres,the
coastline iscompletelydifferent,being lowand sandywith offshore banks.
It shelvesmoregently, the 20 fathom line beingabout thrce nautical miles
offshore, the average width for the entire coastline as far south as Ras
Kaboudia. It is backed by a weHwatered plain containing numerous
villages. Agriculture improves southwards from traditional subsistence
animal husbandry to increasingly commercial farrning around Nabeul.
These two stretches of coastline illustrate clearly the relationship with
the general trend of the relief ineastern Tunisia. The firstcuts acrossthe
main grain of the highiands and is therefore rocky and faces approxi-
mately northeast. The second is parallel with the highlands and is a
depositional lowland coast orientated approximately towards the
southeast.
TheGulf of Hammamet
From Nabeul to Hergla the coastline describes a gentle arc for a dis-
tance of some 53 kilornetres. Lowand sandy and backed by hills, it is a
depositionalcoastlinewith minorconstructional featuresand a number of
perennial rivers. The orientation varies fromsoutheast to east to Hergla,
where rockoutcrops occur. South of Hergla the wholecoastline becomes
more obviouslyarid with the occurrence of salt lakes and marshes a few
kilometres inland. lmrnediately south of Hergia there is a spit and well
developedcoastal lagoon from whichthe coastline continues south for a
further 20 kilornetresto Sousse. The sandy coastline is backed by dunes
in this stretchuntil Ras Marsa, immediately north of Sousse, where a
number of wadis reach the sea. From Ras Marsa the coastline becomes
increasingly rocky withshoals offshore as again the orientation tends
towards northeast, cutting across the structural trend. The offshorepro-
fileissimilarto thatof thesoutheast facing coast of the Cape Bon penin-
sula. The 20 fathom line is approximately three nautical miles from the
coastline.
Settlement along the shoresof the Gulf of Hammamet iscornparatively
dense and follows the line of the major trunk road from Tunis to the
border. Therefore, in the central part where the road is inland, coastal
settlement is relativety thin. Agriculture is commercial in the north
around Hammamet itself, but changes to the typical extensiveanimal
husbandry and olive plantations of the drier Mediterranean towards the
south. With sandy beaches and easy road access, the complete coastline
of the Gulf is of major importance for tourism.
The Sahelian Foreland
The Sahelian foretand stretching from Sousse to the Isle of Kneiss, a
distance of approxirnately 225 kilometres, again falls naturafly into two
distinct parts. From Sousse to Ras Kaboudia there is a series of rocky[II] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 35
headlands fringedonshore with shoals. An undulating plateau givesway
to the rugged cliffsof the Monastir peninsulabehind which isa sheltered
anchorage. Tothe sautheasl there are a number of sandy bays and a low
depositional coastlinewitha shallowsubmergedspit linkingthe mainland
to the lsle of Kuriate. From Thapsus a straight constructional coastline
leads to Cape Afrique, a low rock fringed headland, again shelteringan
anchorage. Ras Salakta, with cliffand shoals,occursto the south before
a belt of sandstone hillocks, producing a lowishcoastline culminating in
Ras Kabaudia, a rocky plateau with an island fringe. The wholeof this
coastlineisacrossthe maintrend ofthe reliefand the generalorientation is
towards the north/northeast. It shelvesaway comparatively steeplyof-
shore in contrast to the southern half of the Sahelian coast. Again the 20
fathom line is abaut threc nautical miles affshore.
From Ras Kaboudiatothe lsleof Kneiss,there isa lowlargelyconstruc-
tional coastline fringed withmudbanks. Offshorethe shelfdips genlly to
the Kerkennah Isles, aligned parallel with the coast from s~uthwest to
northeast. Between the Islands and the southern Sahelian coast is a
shallow,sandy area with rnud and weed. The total extent of islands and
mudbanks together, reaches, at a maximum, 37 nautical miles from the
shoreline, and this ,triangular depositional area terminates off Ras
Burrnada.
The Sahelian coast istherefore in many ways similar to that of Cape
Bonwith clearly definedsectors. The northern part is densely populated
with a fine network of roads although the main trunk road crosses the
foreland inland, reaching the sea at Sfax. The southern sector is less
densely populate udtil the main road follawsthe coastline. There are
harbours at Monastir, Madhia and Sfax, and the Kerkennah Islesshelter
'an anchorage. The shallows between thernand the mainland can be
navigated with the aid of the Kerkennah Channel. The agriculture of the
wholecoastal strip is dominated by extensivetraditional subsistencehus-
bandrywith olivegrowingparticularly prominent. The northern sectorof
the coastline is an area of developingtourism, but the southern parisas
yet little used.
The Guîf ofCabks
Accarding to the Mediterranean Pilot. Volumel', the Gulf of Gabèsis
entered between Ras Yongaand the lsle of Djerba, and these two points
are traditionally acceptedas ils boundaries. The southeast facing coast
around Ras Yorigais lowand marshywithareas ofrnudand weedoffshore
and a subrnergedspit. From Skhirra to Ghannouche,a distance of some
38 kilornetres, the shoreline is fronted by low mudbanks which dry for
almost one nautical mile affshore. Sand dunes become more apparent
around Gabès and from there to Zarat, a stretchof35 kilornetres, there
are occasionalshoals offshoreand lowhillsalongthe coastline. Again the
northeast facing coast tends to be somewhat hilliei, while the southeast36 CONTINENTALSHELF il21
facing isbasicallyconstructional. The Isleof Djerba itself is lowexcept in
the centre, with shallow mudbanks and weed 10the Westand north and
shoals offSidi Garouz on the east coast.
The wholeof the coastline of the Gulf of Gabès is semi-desert with
occasional wadis reaching the shore and an agriculturai system based on
extensiveanimai husbandry and the growingof someolivesand fruit trees.
The aridity is indicated not onlyby the development of largesalt lakes but
also by the ephemeral nature of al1the rivers.
TheLagoonal Coast of BahiretEl Biban
Southeasiward from the lsle of Djerba isa very lowcoastline backed by
salt lakes and lagoons. From Zarzis to Ras Ajdir, a distance of some 60
kilometres, the coastline is constructional and the climate arid with very
lirnited possibilities for agriculture or arboriculturHowever, the east-
ern coast of thelsle of Djerba and the area round Zarzis are both impor-
tant for tourism. In this region the major trunk road leavesthecoast and
a large part of the area is served by tracks.
The Coast of Libyafrom RasAjdir toRas Zorug (Figure lb)
The Tripolitanian coast, sorne 28 per cent. of the coastline of Libya,
lacks the major structural elements of the east coast of Tunisia. It there-
fore does not exhibit the large bays and headlands and, as a result,'is
clearly orientated in one direction, the north. While not rectilinear it is
difficult to subdivide, although when the sections with a sandy shoreline
are distinguished from those in which it is basically rocky, four broadly
homogeneousstretches can be identified. The features providing bounda-
ries to these lengths are: Ras Ajdir, Marsa Sabratah, Ras Tajura, Ras
Elmsel and Ras Zorug.
Ras Ajdir to Marsa Sabratah
From Ras Ajdir almost to Zuara, a distance ofsome 55 kilometres, the
coastline isactivelyconstructional andnthe samestage ofdevelopment as
that immediately to the Westof the border. It is dorninated by a well
developed spit culminating in Ras elTalga which shelters a lagoonsome
20 kilometres long. To the east is an area of Salt lakes illustrating the
aridity of the environment. From Zuara to Sabratah, approxirnately 43
kilometres, the coastline is still low and sandy, but at a sornewhat later
stage in development, with a widish coastal sand dune beit separating a
series of Salt lakes from the shoreline. The cornplete stretch is low and
sandy and is, for mostof its length, backed by dunes. The vegetation of
the dunesissparse, consistingofoccasional lowshrubs and scrubby under-
growth with large unvegetated areas. lmmediately inland the coastal
strip is verylat with a scanty cover of resistant grasses and low woody
plants which can withstand the saline soils.
The whole area is barren semi-desert presenting few opportunities for
agriculture otherthan very lowgrade rough grazing. However, the farm-
ers are ableto engage in fishing to supplement their living. The main
settlements, Zaltan and Zuara, are both situated in oases and as each isil3] TECHNICAL ANNEXES TO COUWER-MEMORIAL 37
approached, settled agriculture appears with at first widely spaced olive
trees,gradually denser groves and then palm trees and irrigated areas.
There are of course no riversand noobvious wadisand therefore water is
obtained from subterranean sources or desalination plants.
Theshelf dipscomparativelygently with the 20fathom line beingabout
four nautical miles offshore, and fishingof al1types is important. This
includes the use of lines, nets, brinkali, and trawling together with the
collectionof spanges and the operation of land lines and tunny nets. Bu
Kammash is important, with a cold store and approximately 100 boats
using the facilities, but the main developmentis al Zuara where a corn-
pletely new fishing port is being established. With long sandy beaches
there is also potential for tourist developmentand access is facilitated by
the trunk roadof Libya whichisnowherefar fromthe Coast, The beaches
are generally unpolluted exceptby weedalthough a fewsmall globulesof
oil, probably fromthe Zawia terminal, were discovered. Settlement in
general is comparatively thin and dispersed.
Marsa SnbrarahToRas Tajüra
Marsa Sabratah marks the approximate start af the rockycoastline
whichstretches some 90 kilornetres toRas Tajura, with highlyweathered
sandstone outcropping as shoals offshoreand 10.wrugged cliffsalong the
coastline. A particularly resiçtant stratum is evident, and breaks in this
determine the position of harbours and beaches. For exampfe, Marsa
Sabratah itself is a large bay eastwardof which are several srnall inlets
sheltering additional tunny fishingboats. The low weathered sandstone
cliffs continue from Sabratah with occasional beaches at, for example,
Sorman and Zanzur, to Tripoli (Tarabulus). The coastal features on
which Tripoli isbuilt consist of low hills with some sandy beaches and
offshore shoals. Howeverthe nature of the coastline, virtually from
Zanzur to Ras Tajuia, is largely masked by urban development and port
installations. Stretches of sandy beachccur particularly towards Tajura
and, with easy acceçs from the major road, touriçm is important.
Incontrast to the area to the West,this stretch isdominated bycomrner-
cial agriculture, particularly mixed farming and arboriculture. At
Sabratah oliveplantations initiallywidely spacedoccur with,increasingly,
palms, citrus trees, shelter belts of eucalyptus and irrigated areas. The
actual shoreline is still comparatively bare and covered in scrub with
widelyspacedtrees. At least as far as Sorman the coastal strip isflat with
sandy soils and agriculture becoming richer towards Tripoli. Also
towards the capital, jndustryincluding tunny processing, textilesand oil
refining becomes moreimportant. Denseplantations of palmswith euca-
lyptus and cypress trees cover the low cliffsto Ras Tajura. Settlement
along the entire stretch isdense;the 40 kilometres fromZanzur to Tajura
is aimost continuously builtup. This development is facilitated by the
main trunk road of Libya and a fine network of secondary roads.38 CONTINENTAL SHELF 141
Ras Tajura to RUS Elmsel
From Ras Tajura with itslowcliffsand beachesthe coastlinegradually
risesin height at Sidi Ben Nur to 20 metre clilïs whichcontinue almost to
Al Khums, a distance of some 95 kilometres. The complete coastlineis
north facingand the cliffsare comparativelysteepwitha resistant wavecut ,
platform at their base. As to the Westof Tripoli, this persistent outcrop
dictates the developmentof harbours and beaches. The shelf dips rather
more steeply than tothe westwith the 20 fathom line somethree nauiical
miles offshore. Inlandthe cliffsare backedbyanarea ofundulating dunal
topography fixed by eucalyptus and pine trees.
There are occasionalolivegrovesbut agriculture consists mainlyof low
grade subsistence animal husbandry. There is little irrigation and onlya
few smalloasessuchasat Qasr al Qarahbulli, where palmsand citrus trees
occur. TowardsAl Khums the landscape becomes higherand more rug-
ged withverysparse lowvegetation,accentuated as the soils become more
calcareous. The landscapeissemi-desertwith severalweildefined wadis.
A number of small harbours have been developed,particularly for tunny
fishing and thisprovides a supplementary form of employment forthe
farmers. Settlernent iscomparativelysparse and dispersed,but again the
trunk road providesgoodcommunications. Ingeneral,the shoals offshore
and rocky shoreline precludeany potential for tourist development.
Ras Elmsel toRas Zorug
The clifflineends at Ras Elrnselimmediately westwards of Al Khums
and from there to Ras Zorug, a distance of about 105 kilometres, the
coastline is lower and predominantly sandy. However, cliffs and rocky
shoresdominate between Marsa Dzeira and Ras Misratah whileonshore
rocks occur notablyat Ras Sidi Magru and Ras Maeri. The complete
section facesfirstlynorth/northeast, then north for mostof its length, and
the Coastshelvesuniformlyto the 20 fathom linesomethree nautical miles
offshore.
From AI Khums toZiiten, agriculture isdominatedby.palmplantations
with occasionalirrigated areas and, in one or two drier parts, olivetrees.
At Zlitenthere isa greater varietyofagricultureand the coastal dunesare
bare or scrub covered. Eastward of Zliten the landscape becomesmore
arid and bare with occasional oases,the most notable being the Oasi di
Zregh. Agriculture is based on subsistence animal husbandry supple-
mented by fishing. Throughout the area settlementisrather denser than
the section irnmediatelyto the Westand it, with tourism, benefitsfrorrithe
new east/west highway. Harbour developmentsare taking place at Al
Khums and Qasr Ahmed (Misratah).
Coastline Analysis:Cape Bon to Ras Zorug
From the description itis clear that the two coastlines are physically
very different but have aspects of human geography in common.Ii5] TECHNlCAt ANNEXES TO COUNTER-MEMORlAL 39
Orientation
The orientation of any coastline other than one that is rectilinear
presents problerns of assessment. If the coastal irregularities are
smoothed to one straight line itan be seen that the Tunisian coast faces
east/northeast and the Libyan coast a fewdegrees east of north (Figure
2). To obtain a more realistic valnation, the bays and heacilandscan be
averaged to alimited number of çtraight lines.In this case (Figure 3) il
can be seen that the Tunisian coast is dominated by a northeastern and a
southeastern orientation with onlythe Gulf of Hammamet facingdueeast.
The Libyan coastline is largely facing due north except for the eastern
sector which is angled slightly to the east of north.
A more objective method is to subdivide the coastline regularly and
aggregate the orientations of each point (Figure 4). This produces two
orientation diagrarns which illustrate clearly that the Libyan coast is
predominantly north facing and almost exclusively orientated between
narthjaorthweçt and northjnortheast. In the case of Tunisia there is a
very widespread of orientation with a distinct bias towards the narth of
east.
These directions of course refiect the grain of the country as already ,
rnentioned. The main mountain trends throughout Tunisia are to the
northeast and east/northeast. Furthermore al1the erosioncoastlinescut-
kingacross the grain are orientated in those directions. The deposition
coasilinesparallellingthetrend tend to facetowards the southeast. Inthe
case of Libya the erosional coasts are all north facing, while the areas of
deposition are also orientated to the north ornorth/northeast.
Oflshu r cuyîles
Ifthe 20 fathom line istaken as a realistic seaward extensionofcontem-
porary and modern sedentary fishingactivities, il can be seen that along
thecomptete lengih of coastline in question the width is comparatively
restricted, averaging sorne three nautical miles except in five specific
instances. Where offshore islands,the Isleof Kurate, the Kerkennah lsles
and the Isle of Djerba occur, the extension to seaward from them is
somewhat greater, averaging approximately 12 nautical miles. In the
Gulf of Gabès the distance between the 20 fathom line and the actual
coastlineimmediately southeast of Gabès is 35 nautical miles, whileoff
Marset el Briga in Libya, the width is 30 nautical miles. However, these
last twoinstancesare exceptionaland very lirnited in extent. Apart from
the Kerkennah banks, where the actual value is difficult to measure, the
greatest width of shelfto the 10fathom line is off Ras Ajdir. Therefore,
while the bathymetric pattern is complicated by the islands, the average
width of shelf, whichever fathom line is used, is basically similar on the
two coasts. These points are illustrated by profiles (Figure 5).
The Land Boundary Position
The land boundary can be easily traced on the ground since it followsa
northerly valley and reaches the coast at Ras Ajdir, a clearly identified
position. It nonetheless divides what is a geographically homogeneous40 CONTINENTAL SHELF il6]
region. From approximately Gabèsto Marsa Sabratah the coastline is
low,sandy and depositional. It displays an array of accretional features,
notably spits and offshorebanks, together with coastal lagoonsand imme-
diately inland a series of salt lakes. There are no perennial rivets but a
number of wadisdebouch on to the shoreand this illustrates the aridity of
the climate which produces a semi-desert landscape.
Along the entire stretch of coast the vegetation is dominated by low
scrub, sparse in places on the coastal dunes and behind these, saline
vegetation on the flal salt areas. The agriculture is basically subsistence
with lowgrade animal husbandry and the occasional cultivation of olives.
This pattern isinterrupted onlybyoaseswhich tend 10have developedinto
the major settlernents. The poverty inland and the comparative wealth to
seaward and the seasonal nature of tunny fishing in particuiar, have
allowed a type of rnixedeconomy to develop in which local farmers spend
part of the year fishing. Methods of fishingsoillustrate this relationship
between land and sea, with, for example, the construction of tunny nets.
However, since to beeconomicalthese need to beconslructed to a depth of
no more than 45 metres (24 fathoms) they are more easily laidout on the
Libyan sideof the border. As a result of the local economythe density of
settlement is similar on either side of the border and both areas are
gradually developing local or international tourism aided by a roadnet-
work largely parallel to the coast.
Land andSea Relationships
The importance of the sea to Libya and indeed the designation of the
country as a maritime statecan bejudged from the fact that the majority
of the population lives within a few kilometres of the coastline and the
main trunk road ofthe country followsit closely. In fact by 1973,92 per
cent. of the total population, 14 of the 15 towns with a population of
10,000or over,86 per cent. of the country'sagricultural production, 96 per
cent. of al1 livestock and 95 per cent. of al1 electric power production
capacity were within the coastal regions. This trend has been confirmed
by modern developments. The concentration of economic activity and
settlement within the narrow coastal zone results from a wide range of
geographical factors.
Firstly, the coastalreas tend to receive a rather higher rainfall and
temperatures are ameliorated by land and sea breezes. There are no
permanent rivers in Tripolitania and nutrients are added to the sea,
particularly towards the western end ofthe coast by the ghibli, a southerly
wind which blows forapproximately 12 to 14 days a year. A further
consequence of the lack of rivers is of course the importance of desatina-
tion plants to provide water. In September 1980, there were 14major
stations in operation and by the end of 1980it is anticipated that al1towns
will be dependent upon desalinated water for drinking.
Apart from the areas of comparatively intensive commercial agricul-
ture, most farming in Libya is subsistence and incomes are commonly 41
i171 TECHNICALANNEXES To coumER-uEuoRIAL
supplemented by fishing or working during the season in the tonnaras.
Sedentary fishing from the shore and the collection of sponges and other
bottom-dwelling organisms have also long been practised.
The importance of the fishing industry is discussed separately, but the
modern developments particularly at Zuara highlight the significance of
this sector of the economy in Libya. Industry, including refining, power
stations and textile factories is also nearlyal1 located along the coast,
largely since communications both seaward and landward parallel the
coastline. In fact there are 17 power stations, including the largest,
located along the coast (Figure 6).
A further aspect isrecreation. which isagain heavilyorientated towards
the coast although tourist activities are as yet comparatively little devel-
oped. However. there has been a definite government emphasis upon the
development of coastal sports.
Duringintensive fiefdworkin Libyain September 1980, wewere able to
gain a first-hand impressionof the character of human activity dong the
western coast of Libya, much ofwhich wevisited. Wewere impressed by
the density of seulement along a narrow coastal belt, and by evidence of
heavy capital investment in coastal projects-housing, power stations,
factories, and ports. No information on coastal mililary activities was
obtained, but we understood that coastal security is a matter of genuine
national concern. At several locations (Marsa Sabratah, Zliten, Zuara,
Marsa Sorrnan and Bu Karnmash) we encountered men whoselivelihood
on the land is supplemented by seasonal fishing. Parallel with this tradi-
tional practice, we found many signs of a new national interestin the sea,
for fishing,leisure, and residential preference.42 CONTINENTALSHELF [18)
References
(1) The Libyan Fishing Industry, a studyby Dr.G.H. Blakeand Dr.
E.W. Anderson,1980, containedin Annex 3, Vol.III.
(2) The Greco Bank, a studybyDr. G.H. Blakeand Dr.E.W. Anderson,
1980,containedin Annex 4, Vol.III.
(3) Castany,G.: "Le haut-bassin siculo-tunisien; édeemorphologieet
de géologiesous-marines"Bulletin de la Station Océanographique
de Salammbo, Tunisie,No. 52, September1955,pp. 3-18.
(4) Mediterranean Pilot: 10th edition. Hydrographer of the Navy,
Taunton, England,1978.Vol. 1,p. 171.
(5) El-Shakhs, Salah: "Urbanization andSpatial Development in
Libya", publishedinPanAfrican Journal, Vol.8, No. 4, p. 371. TECHNICALANNEXES TO COUNTER-MEMOXIAL
Annex 3
AND
DR. E. W. ANDERSON**
M.A..Universityof Oxfor:Ph.D..Universityof Southampton.
** M.A..UniversityoOxford :M.A.Universityof Manchester: M.Ed..Univerofty
Newcastle:Ph.D., Universityof Durham: Ph.D.,UniversitNewcastle.44 CONTINENTAL SHELF [il
General
A detailed examination of the Libyan fishing industry shows the
following:
(a) Although Libyan fisheries were relativelypoorlydevelopeduntil
recently, fishing was more important than has been generally
recognized;
(b) Certain traditional fishingtechniques involveactivity on the sea-
bed itself, particularly fishing for tuna and sponges;
(c) Objective scientific surveys have indicated that Libyan waters
are productive, and the Libyan Covernment is currently invest-
ing large sums of money in developing the fishing industry; and
(d) Evidenceconcerning the Greco Bank spongefisheriesshowsthat
Libyan livefishingactivities extend as far Westas the due north
line frorn Ras Ajdir (see this separate study at Annex 4, Volume
iil).
Historical Perspective
(a) Pre-ltalian Period
There was very little indigenous fishing along the Libyan coast in the
early years of the 20th Century. With 1,685 kilornetres of coastline
bordering some productive fishinggrounds, particularly in western Libya.
thisneglect of fishing is surprising. Several reasons can be suggested
including:
(i) Coastal waters noted for their frequent storms;
(ii) Lack of natural harbours;
(iii) Absence of a seafaring tradition and indiuerence to fisheat-
ing;
ignorance about the productivity of coastal waters;
(iv).
(v) High price of fish compared with meat;
(vi) Small and scattered population. many of whom favoured the ,
hilly districts of the interior to the coast.
The last point deserves ernphasis; at the beginning of this century the
population of Libya was probably around half a million, many of whom
were nomads.
Details of fishingoffLibya before the First WorldWar are sketchy. A
few small boats engaged in inshore fishing, notably in Tripolitanian
waters. Traditional sponge fishing wasalready highly developed,largely
by the Greeks, and sponge production increased during the 19th Century
to reach an all-time peak of 71,883 kilograms in 1911. Foreign fishing
boatç (Greek, Maltese and Italian) also fished in Libyan waters and
visited Libyan ports from time to time.
(b) TheIrnlianPeriod 1912-1 943
The Itatians had some knowledgeof Libyan waters, and appear to have
beendetermined to exploittheir potential for fisheries,sponges,corals, and
the cultivation of pearls. Asearly as 1912fishingboats from Naples wereI21 TECHNICALANNEXES TO COUMER-MEMORIAL 45
sent to undertake fishing trials from Tripoli, and in the same year a
scientific survey of fisheries wasattempted by Professor Scolart, with
inconclusive results. A further survey was conducted in 1923, and, in
1923 and 1927, the Italian naval ship "Tritone" carried out cruises in
Libyan waters to collect data on sponge banks'. The Italian administra-
tion wasclearlyanxiousto regulate and control theexploitationofoffshore
resources, particularly the sponge banks. Several legislative measures
were adopted (see below), and "illegal" fishing was actively prevented.
An interesting aspect of the use of the seabed in ltalian times was the
attempt from 1921 to cultivate pearls in Libyan coastal waters. The
project does not appear to have gone beyond the experimentai stage,
though one report mentions "harvesting" of pearls from the seabed in
1927. 00thtunafishingand spongefishingreached their peakproduction
during the inter-war period. The record year for sponges was 1929
(66.740 kilograms) and for tuna it was probably 1940when 20,497 tuna
werecaught2. The number oftuna stations or tonnara in useduring these
years varied from 6 to 12ar 13.
(c) Post- World War II to 1970
It is possible to puttogether a useful profileof Libyan fisheriesduring
the post-war period because of two F.A.O. reportsa,and an International
Banksurveyofthe economyof Libya4. Unfortunately,annual statistics of
catches, apart from sponges, do not appear to have been systematically
collecteduntil the 1970s. Available figures tend tobeill-definedorunreli-
able, but jtseerns certain that total catches were in the 2,000 to 2,500
tonne range through the 1950s,rising to 3,000to 3,500tonnes during the
1960s. ln addition, foreignboats fromItaly, Malta, and Greece fishedin
Libyan waters. marketing their catches in their homeports. About hatf
th: Libyan catch was tuna, and a high proportionof the other half was
sardines (Sardinelin aurira) and anchovies (Engraulis encrasicholus).
Two-thirds of the catch was canned or salted for domestic consurnption
and export. The processing plants were generally poorly equipped, and
confined to the Tripolitanian Coast. There plants, particularly the ton-
nara, provided an important source of seasonal ernployment, the total
labour forcein the 1950sbeing over1,000. The number of fishermenwas
probably around 200,including a number of foreigners residentin Libya.
The annual value of thefiscatch wasput at £ 200,000to £ 250,000and
of the spongecatch at L 30,000 in 1958,or about 0.5 per cent.of Libya's
gross national product. In general, fishing methods (other than sponge
fishing) wereregarded as rather primitive, the catch per man fishingday
beingas lowas IOkilograms,comparedwith 100kilograrnsin many other
Mediterranean countries5.
During the later years of this period,the sponge fishingindustry virtu-
allydisappeared, whitethe nurnber oftonnara inoperation declinedto five
or six as a result of falling catches of tuna.46 CONTINENTAL SHELF 131
(d) 1970-1980
The 1970s witnessed extremely significant advances in the Libyan
fishing industry. Total catches rose to over 4,000 tonnes per annum,
largely as a result of the operations of three companies using modern
trawlers to exploit the waters of thetinental shelf, beyondthe range of
traditional boats. Figuresof catches for 1974-1979are shown in Table 1.
Libyan catches have thuç doubled in about twodecades, but the totals are
still very smali in cornparison with other Mediterranean countries. OnIy
Cyprus, Lebanon, Malta, and Albania have smalier catches, while Tuni-
sia's catch issix or seven times greater (38,400 ionnes in 1977)6.
TABLE1 LIBYA: FISHCATCHES1974-1979
(in Tonna)
1974 1975 1976 1977 1978 1979
- - - - - -
Libya Fishing Company .........308 173 366 229 200 120
Libya-Tunisia Company .........351 659 293 310 430 312
Libya-Greece Company ........... ----- 464
Total ............................6..9...832 659 539 630 896
(B) Private Sector
Tripoli ..............................
Benghazi ..........................
Zawia, Zuara ..................
Al Khums. Misratah, Sirt
Derna, Tobruk .................
Total .................................
Grand Total .....................
Source: Deparlrnent of Production, Tripoli. September 1980
During the 1970sthe governrnentof Libya evolvedplans to developthe
fishing industry to its optimum level. As ernphasized elsewhere, Libya
without oilispoorlyendowed withnatural resources,and diversificationof
the economy forthe post-oilera is both essential and costly. The fishing
industryisan important part of the policyof diversification. Justification
for embarking on massiveinvestment in fisheriesis based upona number
of reports by international consultants7. Whiie some of their proposais
are probably over-optimistic,they provided important guidelines for gov-
ernment strategy.
Under the Three Year Plan of 1973-1975, improvement of the fishing
ports at Al Khums, Tripoli, and Ganzur was begun, and refrigeration
facilities were constructed at Sirt. Tobruk, Derna, Susa, Ayn Ghazalah,
and Marsa Sabratah. Sardine canning factories with a capacity of 1.000
tonnes per annum were established at Zuara and Al Khums, and a 2,000
tonne capacity tuna plant was built at Zanzur. Other changes in thei41 TECHNICALANNEXES ToCouNTER-MEMoRIAL 47
1973-1975 period are shown in Table II. The Five Year Plan of 1976-
1980 took these projects further and added a number of newfeatures.
lmprovementof harbour facilitiescontinued, and severalnewcoldstorage
plants wereestablished. The largest single project far was the com-
mencementofworkon a major newfishing portat Zuara,due for comple-
tion in 1981. Severalnewjoint companies werealsofounded toencourage
fishingin deep waters. Al1these initiatives, together with investmentin
fisherjesresearchand education wereallocated largesumsofmoney which
itis assumed have been largely used(See Table IIIbelo4).
TABLEII ACHIEVEMENTS OT FHE 1973-1975 PLAN
1973 1975
- -
Libyan catch ...................................es 4,800 tonnes
lmported fish ....................................s 4,000 tonnes
Total conçumption ..............................nes 8,800 tonnes
Per capita consumption ...................3.kg 3.5 kg
Fisherrnen:
Libyan .......................................
Non-Libyan ................................
Total ............................................
Source: Libyan Arab Repirblic, The 1976-80 Socio-Economic Plan,
Ministry of Planning, 1976, pp. 233-255.
TABLEIII BUDGETALLOCATIONS FORFlSHERlES1976-1980
LD
Harbours, lighthouses. etc.................20,000,000
LD
Expansion ofcompanies .....................5,000,000
LD
Cooling and refrigeration plant.......... 10,8S1,000
LD
Research and training................. 2,500,000
LD
Total ........................................3.51,000.
Source: Libyan Arab Republic, The 1976-80 Socio-EconomicPlan,
Ministry of Planning, 1976,p. 243.
investment has been spent; the important facisthat the results of this
capital outlay are tangible proof of Libya's determination to developa
modern fishing industry. This is emphasized in the proposed budget
allocations for the period 11-1985 (See Table IV below).48 CONTINENTALSHELF [SI
TABLE IV BUDGETALLOCATIONSFORFISHERlES 1981-1985
Total for Allocatd
1981-85 -or 1981
-
Research ........................L......2,500,000 LD 1,000,000
Equipment and services ..............92,995,000 LD 19,105,000
Company ventures, etc. ..............62,000,000 LD 34,000,000
Training ....................................... LD 5,000,000
Education ........................L......1,000,000 LD 400,000
Salaries and consultancy..........LD 1.500,000 LD 290,000
Total ........................................... LD 59,795,000
Source: Secretary for Light Industries, Programmefor Development of
MarineResources, 1981-35,February 1980,p. 77.
Marine Productivity
In an assessrnentof the possible developmentof a fishingindustry, such
factorsas port construction. methods of practice and dietary requirernents
must beconsidered. However, morebasic than these isthe productivity of
the waters.since this imposesthe ultimate constraint on the size of catch.
Commercial fisheries arenormally concerned with the third or perhaps a
higher stage in the food chain. The initial two stages. prirnary and
secondary production, are therefore vital and need to considered.
Ineach case it isnecessatomeasure the actual quantity of production,
the geographical distribution and, crucially, variations of both in time.
Such a research programme requires long-term investigations particularly
as the relationships between fisheriesand plankton, especially in the case
of demersal fish, are complex. Results of the main research programme
completed inthe waters off Tripolitania are detailed in tSOGREAH
Report (1975)'. However, it must be stressed that the research involved
an incomplete sampling procedure and the whole programme lasted for
only two seasons. Therefore the results must be treated with great
caution.
According to the maps showing primary production for spring and
summer, there appears to be a definite increase in productivity westwards.
This was later confirmed at the Fisheries Research Station, Tripoli, where
results from other surveys were discussed. Possiblereasons for this
include:
(a) The generally shallow nature of the water allowing more light
and higher temperatures at thelowest levels;
(b) The dense banks of weed whichcomrnonlyoccur and provide a
suitable ecologicat milieu forplankton development; and
(c) The contribution of nutrient salts by the ghibli, the strong south-
erly wind.[61 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 49
Secondary production, zooplankton, providesan essential link between
primary production and the upper levelsof the food chain. Again from
the mapsan increase westwardsin productivjty isdjscerniblealthough in
this caseit is less obvious.
Therefore the evidence,admittedly limited, from the SOGREAH Report,
supplemented by discussions withexperts, indicates that productivity in
the first two stages of the food chain shows a definite increase from
westwards dong the Tripolitanian coast and into Tunisianwaters where
the maximum levelswere generally recorded.
Types of Fishing ,
A considerable variety of fishing methods can be found in Libyan
waters, reflectingin partkillsinherited from foreign fishermenas wellas
indigenous techniques. It is worth noting that:
(a) One way or another,Libyan waiers arequite extensivelyfished,
to about 12 nautical miles offshore. They are not intensively
fished;
(b) As previously mentiand, fixed installations are important;
(c) The speciescaught and rnarketed includecrustaceans, octopus
and sponges.
(1 ) InshoreFishing
Small boats of less than 8 metres operate from approximately 30 loca-
tions along the coast of Libya to a maximum distance of 5 or 6 nautical
milesoffshore. Mostare motorized,and their crewsare either full-tirne or
part-time Libyan fishermen. Several techniques are used:
Nets:gillnets and trammel netsare usedat depths of 35to 40 metres.
Lines of between 1,500 to 4,000 metres in length may be used at
depths of up to 80 metres.
Fixed lines (or brinkali) are commonly used in up to 40 metres of
water. Linesof upto 1,500metresare put out using floatand sinker.
Thesemay remain in position for12hoursor more. In summer 1980
the averagenumber of brinkaliinplace in Tripolitania was reprred
as follows: Zuara 20; Tripoli 30;Al Khums 10;Zliten 10;Misratah
20. Brinkali may be found as far as 6 nautical miles offshorein
certain coastal waters.
Inshorefishing: chie f species
Galeorhinusgaleus (dog-fish)
Epinephalusguaza (dusky perch)
Dentex vulgaïis (a sea bream)
Polyprion americarum(stone bass)
Mustelus mustelus (smooth hound)
Imbrinacirrhosa (corb)
Squarinasquatina (ange1shark)
Dipludussargus (a sea bream)50 CONTINENTAL SHELF
Diplodus vulgaris (a sea bream)
Lithognatus mormyrus (a sea bream)
Diplodus annularis (a sea bream)
Oblada melanura (saddled bream)
The list of typical speciesis far from complete. The variety of fish in
Libyan waters is remarkable. In particular, it is important to note that
several types of crustaceans, molluscs, and other bottorn dwellers, are
caught from time to time and soId in the fish markets. It would be
rnisleadingto clairn that they are a specialty of Libyan waters, but their
regular appearance in the markets isevidenceof Libyan exploitation of
species livingprimarily on the continental shelf.'Some examples are as
foliows:
Lobsiers. prawns. erc.:
Parapenaeuslongiroirris
Plesiopenaeusedwardsianus
Homarus gammarus (lobster)
Palaemon serratus (prawn )
Crabs and crayfsh:
Scyllarides latus
Polinurus vulgaris (crayfish)
Maja squinndo (spiny spider crab)
Squids and octopuses
Loligo vulgaris (common squid)
Sepiola rondeleti
Octopus vulgaris (common octopus)
(2) LamparaFishing
Fishing forsardines and anchovies isdone in summer between May and
October, at night, the best catches being in July and August. Boats of
between7 and 13metres workin pairs,oneboat cariying a lampto attract
the fish.Surface seine nets are used, withsmall sinkers. Most lampara
fishingiswithin6 nautical milesof the shore. Duringautumn and winter
some lampara boats fish for bonito and mackerel.
Lamparajïshing: chief species
Sardinelh aüriita (sardine)
Engraulis encrasicholus(anchovy)
Trachurustrachurus(horse-mackerel)
Auxis thazard (frigate mackerel)
(3) TrawlerFishingin LibyanWaters
Smalltrawiers of 16 to 27metres fishlargelywithin 12nautical milesof
the Libyan Coast,and always within the continental shelf. There is little
trawling insumrner. Three companiesare now active,with 22 trawlers in
operation. The Libyan FishingCompany (seven trawlers) was founded[BI TECHNICALANNEXES TO COUNTER-MEMORIAL 51
in 1970,the Libya-Tunisia Company was founded in 1972 and has four
trawlers, and the Libya-Greece Company ( 11trawlers) was founded in
1978. All three cornpaniesalso own a number of smaller fishingboats.
In addition one or two groups of fishermen now own and operate smali
trawlers. There are plans to expand the number of trawlers operating in
Libyan waters very rapidly, to a total of 95 in 1985, with a combined
potential catch of ùver9,000 tonnesg. This target is thought to be too
high, particularly in the light of manpower shortages.
Trnwling: chie sfpecies
Mullus barbalus (red mullet)
Mullus surmeleius (striped mullet)
Pagellus eryrhrinus(pandora )
Merluccius merluccius (hake)
Trachurustrachurus (horse mackerel)
Pagellus cenrrodenius(Spanish brearn)
Maena rnaena
Balisrescorolinensis (trigger fish)
Boops boops (bogue)
Boops solpu (saupe)
Squoiina squarina (monkfish)
Musfalus musrelus (smooth hound)
(4) Tuna Fishing
Fishing for tuna has been practised along the Tripolitanian coasi for
severaldecades. The rnethoddependson the useof a heavy "leader" net
anchored firmlyto the seabed and suspended from huge floats.extending
seawards to a depth ofabout 45 metres. Alarge trap net tocatch the tuna
is sjmilarly anchored to the seabed at the seaward end of the leader net.
The migrating tuna movingalong the Coastfrom Westto east are trapped
as they try to evade the leader net. They are then lifted into boats and
brought ashore for salting or canning. Tuna can weigh up to 500 kilo-
grams and the whole installation (known as "tonnara") requires 100
tonnes of rope and net and a large quantity of heavy anchors and floats.
Although the season fastsonlyabout 40 days (mostly in June, depending
on location) it takes three months to prepare the netsand anchor them to
the seabed. Thus for several months the tonnara constitute a hazard to
shipping, extending from 2 to 3 nautical miles offshore. Warnings to
shippingare placed farthet out tosea, and the tonnara are notinvarious
pilots'handbookslO.
The nurnber of tonnara has declined from a peak of 15 before the
Second WorldWar tofour in 1980(Figure 1). Over 60 men are required
to man the tuna nets of one tonnara during the catching season, and
perhaps 250 morewill be ernployedfor two months taprocess the tuna.
Most of the temporary employees are local farmers for whom the tuna
seasonisa welcomebonus. Clearly the costofoperating atonnara ishigh,
and unlessa heavycropoftuna isobtained, it iseasyto lose money. Tuna52 CONTINENTALsHELF [91
catches have declined in Libya and elsewhere in the Mediterranean in
recent years. Pollution, and changing migration patterns have been
blarned, but the most iikely explanation is the increasing exploitation of
the Atlantictuna population. Tuna caught offLibya are largely Atlantic
Red Tuna (Thunnusthynnus) heading for spawning grounds in the east-
central Mediterranean. The extent to which catches have declined in
Libya isdifficultto assesssincethe onlystatistics available are incomplete
and ambiguous. Figures for the period 1951 - 1964 (see Table V below)
indicate an overall decline, though it has to be remembered that fluctua-
tionsoccur as a result of storms and the number of tonnara in operation.
The figuresin Table V may be compared with 499tonnes (3,880 tuna) in
1971 and 236 tonnes in 1972. The number of tuna caught in 1980 was
reported to be: Zliten 1,000; Misratah 2,000; Garabulli 400; Sabratah
400. If the average fish size was the sarne in 1980as in 1971, the 1980
catch would be617 tonnes.
TABLEV CATCHESOFTUNA (IN TONNES) 1951-1964
Source: SOGREAHS ,tudy /or a General Master Plan
for the Development of the Fishing
in the Libyan Ara6 Republic. Part
1,Grenoble, 1973, p. 39.
Tuna fishing inLibya is unlikely to expand or contract greatly in the
next few years. Its contribution to Libya's economyis not great, but it
should be noted that the tuna industry was important in the past when
Libya was among the poorest countries in the world. The tonnara
(including the processing plants) employed between 1,500and 2,000 in
the tuna season,and with sardinescontributed approxirnately 10per cent.
of the total value of Libya'sexports".
(5) DeepSea Fishing
A number of joint fishingcornpanies have been established in recent
years between Libyaand a foreignpartner to fishindistant waters. Seven
such companies are in existence and ten are under negotiation. Those
already in existence are: Libya-Malta, Libya-Mauritania, Libya-Benin,
Libya-Guinea, Libya-Spain, Libya-South Yernen, and Libya-Guiana.
These ventures are not really relevant to the airofthis report, except to
ernphasize that the Libyan fishing industry will be acquiring valuable
experience and knowledge of fisheriesduring the next few years.(101 TECHNICALANNEXES TO COUNTER-MEMORIAL 53
(6) Sponge Fishing
Sponge fishing wasan important economicactivity in Libya formany
decades. Recent reports on Libya'smarine resources have suggested its
revival in response to rising demand for naturalongelP.
The map of spongeconcentrations "in the Gulf of Gabes and along the
coast ofLibya" submitted with the Tunisian Memorial (Figure 5.26) is
misleading. By choosing to map a species (Hippospongia equina) not
notably commonalong the coast of Libya, the impression is given to the
unwary that Libya has no important commercial sponge banks. This is
far from the truth. Libyan waters have several types of commercial
sponge including:
Euspongiaoficinalis mollissima (fine Turkey cup)
Euspongia oflcinalis larnella (elephant'ear)
Euspongia zimocca (zimocca sponge)
In addition, Hippospongia equina is found in Libyan waters, particu-
larly in the West.
Table VI summarizes sponge catches landed in Libya by local boats
only,between1920and 1962. Since 1962the declinehas continued, and
in 1980 only twosponge boats were operating in Libya. In the period
1920-1960approximately 100to 200 sponge boats of various kinds fished
in Libyan waters annually, about 10 per cent. being Libyan boats.The
decline is largely due to competition with cheap sponge substitutes, and
the dangers associated with spongediving.Spongeproduction fulctuated
from yearto year, total yieldsfromLibyan waters rangingbetween30and
140tonnesa year, the average beingaround 80 tonnes from 1900to 1960.
A considerableproportionof total productionwas byforeignboats,chiefly
Greek. Table VI1shows total production compared with local Libyan
production from 1948to 1951.54 CONTINENTAL SHELF liIl
TABLEVI SPONGES LANDEDIN LIBYABY LOCALBOATS
1920-1962
(kg)
Source: Kingdom of Libya, Stalistical Absiract 1963,
Ministry of National Economy, Tripoli, 1964,
p. 165.
TABLE VI1 SPONGE PRODUCTION BY LOCAL BOATS AND
TOTAL PRODUCTION FROM LIBYAN WATERS
1947-1951
Total Landedby
Year production(1) local bats2i
(kg) (kg)
1947 ............................138.665 20,195
1948 ...............,........... 75,036 29,994
1949 .............................98.887 8,439
1950 ............................120,000 25,000
1951 ......................... 100,723 34,954
Source: ( 1)C.D. Serbetis, Reporr ro the Governmenrof
Libyaonthe Fisheries of Libya, F.A.O., Rome.
1952, p. 37.
(2) Kingdom of Libya. Statistical Abstraci
1963, Ministry of National Economy, Tripoli,
1974, p. 165.lit] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 55
Although Libyan sponge banks havebeen intensivelyfishedfor genera-
tions, they have shown no signsof exhaustion. The F.A.O. report attrib-
utes this to the vast area of Libyan spongegrounds,estimatedbeoaround
15,000 square kil~rneters'~. However, sponges rarely thrive in water
depths of over 120 metres.
Scarcely a stretch of Libyan coasthasnot been fishedfor spoligesin the
past (Figure 1), and some rich sponge banks havealso been worked at
great distances from the coast. The following,forexample,werespecified
by C.D. Serbetis in the F.A.O. report of 1952:
(i) The Lapsi bank-83 miles north-northeast of Zuara;
(ii) The Trafili bank-17 miles east of the Lapsi bank;
(iii)The Fondazzo bank-75 miles north of Zuara;
(iv) The Fora bank-22 miles north-northeast of Ras Makaber".
The best survey of sponge fishing was incorporated into the F.A.O.
report of 1952,andthisremains astandardsourceofscientificand historic
detail on the subject.
Methodsof SpongeFishing
(a) Primitive diving
Primitive diving in shallow waters(20 to 30 rnetres) without
equipment had become veryrare by 1950.
(b) Warerglaas nd sponge hook
Having located spanges through a waterglass, they were re-
movedusing a harpoon which could be used, with skiil, in up to
25 metres ofwater.
(c) Muchine diving
The diver worea rubber suit and receivedair pumped through a
rubber pipe.
(ci) Fernezdiving
Themethodin which a rubbermaskis used inlieuof the diving
suit. A rubber pipe supplied air to the diver.
(e) Gangavasystem
A dredge of 2 by 5 metres was dragged overthe sponge bankby
a motor-powered vessel. Sponges obtained wereusuallyabun-
dant, but of poorquality.
Since 1900, approximately two-thirds of sponge production has been
from divers usingrubber suits or the Fernez system. I1950 for example
81 boats (chiefly Greek) operated divers, and 52 boats used other
methods.
FisheriesLegislation
The Italian administration and its successorsin Libya clearly claimed
the right to control sponge fishing in Libyan waters, wherever sponge 56 CONTINENTAL SHELF
banks were found. Such control has been consistently exercised, with
detailed regulations being prornulgated and Iegallyenforced. The follow-
ing are various of the texts related to fisheries regulations:
Royal Decree of 27th March 1913 ri312 (64 articles)
The following features are noteworthy:
(a) regulations about fishing included crustaceans and molluscs
(article 15).
(b) licenceswould berequired on al1sponge banks beyond territorial
waters (article 17).
(c) sponge licenses may be granted to foreigners (article20).
(dl dredge and diving suit fishing for sponges was prohibited sea-
ward to the 20 metre isobath (article 25).
(e) coral fishing was submitted to the same rules as sponge fishing
(article 40).
(f) regulations concerning tonnara concessions were included (arti-
cles 33-39).
Royal Decree of 22nd November 1925 n. 2273
This modified certain details of the 1913 regulations.
Royal Decree of 9th January 1939 n. 1402 (33 articles)
New and comprehensive fishing regulations were introduced, but
excepted al1 previous regulations concerning sponge fishing, which
remained in force.
These laws. which may be taken as examples of a considerable number
of laws.seem to establish beyond any doubtthat fishinghas been regarded
as of crucial importance to the economy of Libya and the welfare of its
inhabitants. This policy continued during the British administration,
1943- t951,and after independence. Principles established during Itatian
times have continued, with some modification tu specific regulations. A
British Declaration (No. 179of 17May 1948) concerning sponge fishing,
.and the Libyan Law No. 12 of 1959, and a further Libyan Decree of 8
August 1962 on sponge fishing may be cited as examples. It might be
useful to point out however, that with the exception of coral fishing which
has never been practised commercially in Libyan waters, al1 fisheries
legislation has been heaviiy utilized. and its provisions carefully enforced.
Number of Boats
The estimated number of fishing boats using certain ports in Libya in
1979 is given in Table VIII. Itwill be noted that they are distributed
throughout the Libyan Coast, with a marked concentration towards the
Westwhere the population is greatest and fisheries most productive.
The total number of boats is338,excludingspecialized boats associated
wiih tuna fishing. About 90 per cent. are rnotor powered boats. The1\41 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 57
figures in Table Vlll do not correspond with risurvcy conducted in 1972-
1973which counted 467 boats, including 180 in Tripoli". If tuna boats
are excluded, the total is still over 400. Iis unlikety that nurnbers have
fallen sincc 1973;fishcatches have increased, and the number of fishermen
rose from 500 to800from 1972 to 1975. Thcdiscrepancyprobablylies in
diffcrences of dcfinition or data collection, thc highcr figure being more
acceptable. Scvcrril boats of traditional wooden build were seen ta be
under construction in Scptcmber 1980, and there is every sign thal the
fishingboat flectwillgrow in the comingdeciidc. Inthe 1972-1973survey
78 per cent. of boats were under 8 metrcs in length.
TABLE VlIl FISHINC BOATS IN LIBYA 1979
Small and Total
Port 'I'rvwlcrs sisboats caparity
- - (tonnes)
Bukharnesh .............................................. 300
Marsa Zuara ........................................... 600
Tripoli ...................................................... 2,450
Al Khums ................................................ 500
Zorug (Misratah) ...................................
Sirte .........................................................
Benghazi ..................................................
Talrnita ....................................................
Susa ...............................................
Ayn Ghazalah .........................................
Total .................................................
Source: Secretary for Light lndustry, Programme /or Development of
Marine Resources, 1981-83, Tripoli, 1980. p. 67.
Nurnber of Fishermen
SOGREAH gives the following details, which are assumed to iefer to
1973 (See Table IX below). Accurate figures are again difficult to
obtain, partly because part-time fishermen are still common among
inshore fisherrnen in Libya. It is also worth noting that recreational
fishingis becoming more popular among Libyans. The number of profes-
sional fishermen in 1980 is estimated to be between 1,000 and 1,200.58 CONTINENTAL SHELF- 1151
TABLEIX NUMBER OF FISHERMEN BY REGION
Ofwhicb
Total FishermenForeieners
Zuara ............................................151.......... 32
Tripoli........................................420-470 200-250
Al Khums .........................................46......... 15
Misratah .........................................1O0......... 20
Benghazi ..........................................90...........40
Al Bayda ..........................................1O -
Derna ..........................................................41.
Total .........................................922......348-398
Source: SOGREAH S,tudy for a General Master Planfor the Develop-
Grenoble, 1973,p. 25.rts inthe Libyan Arab Republic, Part 1,
Conclusion
fisheriesin 1973. Their conclusions wereextremely optimistic, and it is
diflicult to concur withem all. It is important to realize howeverthat
recommendationsofS~GREAH and other reputableconsultants havebeen
used as guidelines for the large investment now taking place in Libyan
fisheries,ndthe resultsare already tangibleTo givean idea ofthe scale
of expansion proposed by SOGREAH,some sample figures have been
extracted (TableX).
TABLEX PROPOSALSFORTHE EXPANSION OF LIBYAN
FISHING
(A ) Inshorefishing
Slowgrowth (3%) Rnpidgrowth(5%)
-990 -995 -1990 -1995
Boats ..........................564 656 772 983
Catch in tonnes ..............6,272 8,150 8,580 12,280
(B) TrawPng (assuming an unfavourablecontinental shelfallocation)
-985 -990
Trawlers ........................55. 77
Catch in tonnes ..............8,195 13,500116) TECHNJCAL ANNEXES TO COUNTER-MEMORIAL 59
(C) Spange fishing
Catches of 3,000 to 5,000 kilograms per annum from 32 teams working
from 70 boats.
Captains and mates:
trawlers,etc.............................................82.....186..
lamparos, inshore boats, etc............................7.0.....850
Mechanics ...............................................5.......553...
Sailors, fisherrnenand divers.......................................30
Total ..............................................5,.0... 6,139....
Source: SOGREAHS ,tudyfor a General Master Plan for the Develop-
ment of the FishingPorts in the LibyanArab Republic,Part II,
Grenoble, 1973, pp. 42-53.
While commercial fisheriesin Libya couldcertainly be expanded con-
siderably", it isdoubtful whethersuchtargets can beachieved,certainly in
the period to 1990. The Libyan Government is howeverclearly commit-
ted to a policyof fisherieexpansion; probably the most spectacularevi-
dence of this is the new port under construction at Zuara. The new
fisheries complexat Zuara (Figure 2) which is scheduledto open in May
198 1,willbethe mostmoderninthe Mediterranean and, foritssize,oneof
the mostcompleteand efficientin the world. The harbour has 470 rnelres
ofquays for larger trawlers and220 metres forsmaller vessels. There are
spaciousfishhandling facilities(6) linked to a 1,000 tonnefreezing plant
capable of producing 30 tonnes of ice per day. Nearby are two large
maintenance blocks (16) to facilitate net mending, etc.,a general store
(5) and a gear store in whicheach shipwillbe allocated itsowncompart-
ment (7). There is alsoa large ship repair a'rea,capable of handling 450
tonne trawlers, and a range of services for the fishermen, includinga
medical and residential centre (2). With its owngenerators and power
plant, thewhole complex will be virtually self-sufficient.
Such large scale investment reflects Libyan confidencein the develop-
ment of its fisherieswithiand beyondhome waters. The selection of
Zuara forsuch a project illustrates confidencein the retention of accessto
local sources.
During an intensive field visit to Liby(25-30 September, 1980) we
wereable to assess the staie of the Libyan fishingindustry for ourselves.
Wehad consultations with officialsat the Fishery Research Institute, and
at the Ministry of Production, and wevisitedseveralsmall ports from Bu
Kamrnash to AIKhums as well asthe Zuara port project. Wealsospoke
to many fishermen,and to officialsinthe fishmarket in Tripoliand at the 60 CONTINENTAL SHELF
tonnara stations at Marsa Sabratah and Zliten. Wesaw much evidenceof
investrnent in fishing, from new cold stores and ice factories to modern
navigational aids and expanded harbour installations.all con-
clusions were that:
(a) Libya has a maritime tradition which is by no means negligible,
bearing in mind the total population, contrary to the assertion
made in theunisian Mernorial, Volume 1,page 67;
(b) Libya's marine resources represent one of the most important
opportunities for the diversification of the national economy,
afteril runs out; and
(c) Libyan fishingn expand without prejudice to the interests of
Tunisia's fisheries. It is inthis connection that a brief comment
@*a on Figures 5.26 to 5.30 in the Tunisian Memorial follows:
a-@ Comrnentson Figures5.26to5.30in the TunisianMemorial
The maps are probably irrelevant to the continental shelf debate.
They purport to show the ecological unity of the Gulf of Gabès, but the
term is inappropriately applied throughout, to a vast area of the
@@ ranean Sea. Figures 5.28 and 5.29 show nothing in the Gulf of Gabès
proper. All these rnapsshouid be examined verycritically as evidence. It
has not been possible tofindany record of the Thalassa'svoyage, sinceno
proper reference cited in the Tunisian Memorial. It is quite likely that
"Thalassa's" investigations are included insian paperI7 on the
southeastunisian seas; if so, it will be seen that no investigations were
attempted in Libyan waters (FigureIn any case, a month-long voy-
age in Novembersnobasis on whichto draw such bold and detailed maps
of the distribution of severalspecies. Altogether, the rnaps must be called
@ into question. For example: Figure 5.26: Sponges; see comments under
sponge Fishing. We heard no evidence from Libyan divers concerning
Tunisian claims to sponge banks east of the land frontier (Tunisian
@ Memorial, page 180). Figure 5.27: Hake.ake is more widçspread
@ than the map suggests Figure5.28:Mullet.The gap in the mullei
population offTripoli isdubious; local fishermen landmullet regularly in
Tripoli. The reference in the text of the Tunisian Memorial (page 182) to
85 per cent. of the mullet catch being derived fromthe eastern regions of
Tunisiais ambiguous. The reference must be to Tunisian not Mediterra-
@ nean catches. Figure 5.29: Sea bream. None is shown in the Gulf of
Gabès,but the text refers to the Gulf as a "veritableTunisian
@ Memorial, page 183).Figure 5.30: Anchovy. Why only show the
winter map? Anchovies are plentiful off Libya in Again, the
basis for this rnapwould beof interest.ii81 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 61
References
(1) Mazarelli, G.: "La pesca sui banchi di spugne esplorati; con la
Delle Scienze, NOV.1936,pp.4-15.cieta Italiana Per Il Progresso
(2) Kingdom of Libya: Statistical Abstract 1963, Ministry of
National Econorny,Tripoli, 1964, p. 165;Serbetis, C.D. (1952),
p.52.
(3) Serbetis, C. D.: Report ro the Governmenr of Libya on the
Fisheriesof Libya, F.A.O. Report No. 18,Rome, 1952;F. Bour-
geois, Thepresenrsituation of Libyanfisheries, F.A.O. Report No.
817. Rome, 1958.
(4) International Bank for Reconstruction and Development, The
Ecomonic Developmentof Libya, John HopkinsPress, Baltimore,
1960, p. 205.
(5) lnternational Bank (1960), p. 204.
(6) F.A.O. YearbookoJjshingstatistics, 1977,Vol.44,Rome, 1978,
Table A-1.
(7) (a) SOGREAH,Study for a general masterplanfor the develop-
ment of fhefishing porrs in théLibyan Arab Republic, Final
report.April 1975
Part 1-Preseni sifuation. August 1973
Part 2-Generol developmentplan ofjshing activities, Decem-
ber 1973
Part 3-Preliminary general masterplan, August 1974.
ln collaboration with Ministry of lndustry and Minerals, Depart-
ment of Aquatic Wealth, SOGREAHG , renoble, France, 1973.
(SOGREAH recommendedexploitation of available fish resources
to the optimum by 1985, with special reference to harbour
facilities).
(b) SOGREAHT , rawlfishing ground surwy oJrhe Tripoliranian
cousr
Part 1-Bathyrnetry and sedimentology
Part 2-H ydrology
Part 3-Nutrient salts and primary production
Part 4-Secondary production
Part 5-Fishery biologyand trawling resaurces study
Final reportintroduction and general conclusions,August 1977.
Inçollhboration with Ministry of Food and Wealth, General Depart-
ment of Marine Wealth, SOCREAH G,renoble, France, 1977.
(SOGREAH beganthisworkin1977,and the scientificfindingswere
of timited value;the report recommended the optimizatiooffish
production in a favourable marine environment.)62 CONTINENTAL sHELF 1191
(c) CONTRANSIMEX (Rumania) Oceanographicsurvey in the east-
ern rerriiorial waters of the Libyan Arob Republic berweenRas
Azzaz and Ras Kar Kura. May 1975 - August 1976. Two
volumes, 1977.
(Contransimex reported that demersal stocks (bottom cornmuni-
lies) are underexploited, though they are not abundant.dium-
size trawlers could be introduced to supply the local market.)
(d) INSTRUPA(West Germany) Final report on results of the test
jishing program. Gulf of Sirt, Libyan Arab Republic, Tan-
nenwaldallec.F. R. Gerrnany. July 1975.
, (The prospects for commercial fisheries in the Gulf of Sirt were
found to be good. Shrimp could be very abundant).
-(8) SOGREAH (1975), Vols. 1-5.
(9) Secretary for Light Indusiry, Plan for development of marine
resources 1981-RS, Tripoli, February 1980, p. 63.
(10) See, for example, Mediterraneon Pilot, Hydrographer of the
Navy. Taunton, England, 1976,Vol. V, 6th edition, p. 39, which
warns that tonnara rnay extend 5 miles offshore.
(11 ) Serbetis. opcir.(1952),p. 52.
(12) SOGREAH (1973) Vol. 1i, p. 53.
( 13) Serbelis, op.ci!(1952),pp. 39-40.
(14) Serbetis, op. cir.(1952), p. 7.
(15) SOGREAH (1973), Vol. 1,p. 23.
( 16) See under (7) above.
(17) Ktari-Chakroun. F. et Azouz, A.:"Les fonds chalutables de la
régionsud-est de la Tunisie", publishedin, Bulletin de L'Institui
Scientifîque et Technique d'Océanographieet de Pêche,
Salammbo, Tunisie, Vo! 2.No. 1, 1971, pp. 5-47. Annex4
THEGRECO BANK
AND
DR.E. W. ANDERSON**
* M.A..Universityof Oxîord; Ph.D..UniversityoSouthampton.
** M.A.,Universityof Oxfor;M.A., Universityof Manchester: M.Ed..Universofy
Newcasile: Ph.D..Universityof Durham; Ph.D.,Universityof Newcastle.64 CONTINENTAL SHELF Ill
GENERALPOSITIONAND DESCRIPTION
Immediately east of a line due north from Ras Ajdir (Figure 1),
between the 5 and 10 fathom lines and at a distance of some 12 nautical
miles is an area of shallows. This bank, which extends in an approxi-
mately northeasterly direction causing a marked distension in the 20
fathom line, is commonly calleidthe Greco Bank. The position and gen-
eral alignment can be confirmed froma number of charts including:
(a) Service Hydrographique de la Marine, Paris. 1878 (Figure 2)
(b) U.S. Navy Hydrographic Office, Washington, 1944 (Figure 3)
(c) Admiralty, London, 1957 (Figure 4).
The shallow westerly edge of the bank appears undulating and is in
placessubmerged to a depth of lessthan 5fathoms while to the northeast,
greater depths of up to 18 fathoms are recorded. The shallow western
part occupiesan area of some 5nautical miles (east to west) by 2 nautical
miles (north tosouth). From the western tothe eastern edga isa distance
of approximately 23 nautical miles.
A further indication of the general position of the shallowest western
area of the Greco Bank can be obtained from LANDSAT imagery (Envi-
ronmental Research Institute of Michigan, 1979). For such interpreta-
lion LANDSAT has a number of limitations, notably:
(a) Itlacks precision sinceeach square plotted represents an area of
80 rnetres square.
(b) Depth must be inferred from water surface measurements.
Thus sjnce such factors as suspended sediment provide the information
from which water depth is calculated, coincidence with chart soundings
would not be expected. However, since LAND~A~ survey results for the
area are available,it was felt that they should be discussed, even though
they cannot be presented as definitive evidence. The full extent of the
Greco Bank liesbetween the line due north frorn Ras Ajdir and one at 45
degrees (Le.,northeast) from the same point. Furthetmore the shal-
lowesiarea, most clearly seen on charts and detected at sea, abuts almost
onto the due north line (Figure 5).
NOMENCLATURE AND LEGISLATION
lndividual names of shoals and banks are rarely given on charts and
indeed onlythose of vital importance to shipping would appear to acquire
a name. Toward the end of the 19th Century this particular area was
known as the Bank of Farwah, after the nearest Tripolitanian fishing
village situated approximatelyhalf way along the spit culminating in Ras
el Talga'. During the early part of this century it acquired the name
Greco Bank possibly because of its popularity with Greek sponge divers.
Thus, in protracted correspondence between the Governor of Tripolitania .
and the Captain of the Italian naval torpedo boat "Monfalcone" in July
1934concerning the suppression of illegal sponge fishing in the area, the
term "Banco Greco" is used throughout2. The locations given for the
fishingpositionon the Bank were 349 degrees from Zuara at a distance of121 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 65
30 nautical miles by the "Governor", and 347degrees from Ras Giogghig
(a promontory immediately to theWestof Zuara identified. for example, in
the United States Sailing Directions3),at a distance35.5 nautical miles
by the Captain of the "Monfalcone" (Position A on Figure 6). Itwill be
seen that these points refer to the eastern area of the Bank. However the
key issue is that the term "Greco Bank" was used in official correspon-
dence. and that unlicensedspongefishingin thearea wasconsideredillegal
by the Italian authorities.
EVIDENCEFROM WITNESSES
To further establish the position and custornary usage of the Greco
Bank it wasdecided to locate Libyan fishermenwho had been to the area.
Five interviewswere conducted, each with at least twa English-speaking
Arabs present so that an effective commentary on proceedings could be
maintained and our questions could be interpreted without ambiguity.
The fishermenwereinterviewed one at a time sothat,cornplicity wasout of
the question. The answersgivenwererecorded, some in Englishand some
in Arabic, the latter being translated and checked the same day.
In each case the directions given were discussed so that there was
complete agreement on what the interviewee intended. Distances were
harder to assess but werecalculated by the intervieweeusing the known
speed of his vessel. The final positions are denoted on the chart (Figure
6) by the letterA to G, which are given in parentheses as appropriate in
the text. It might be important to add,that as far as weare aware, noneof
these men knewthe purpose of Ourenquiries and, as can be seen (Figure
6), al1were able to give correct bearings to the Bank.
The following testirnonies were collected and are reported, as far as
possible,exactly asthey were received.
Testimony of Said El-Hezzabi
Zuara: 27 September 1980
1 fished for sponges on the Greco Bank between 1956and
1368.
The Bank is locatcd at approximately 10degrees northwest of
Farwah.
The distance took between three and four hours sailing lime.
This givesa position (B) on the eastern edgof themain
shallow part of the Bank. The distance is more difficult
to calculate since in sailing from the lagoon there would
be delays in negotiating the shallows. Said el-Hezzabi
also stated that in depths of under about 10 fathoms,
fishing for sponges was by harpoon.
Testimony of Suliman Ahmed El Azzabi
Zuara: 29 September f98066 CONTINENTAL SHELF 131
1have workedon the Greco Bankas did rny father and grand-
father. We have fished there over the period from 1939until
1967. The Bank lies 5 degrees northeast from Ras Ajdir at a
distance of approximately 20 miles and over 30 miles from
Zuara.
This position is beyond the shallowest part in the centre
of the northeastern extensionoftheBank (C). This was
confirmedwhenSuliman Ahmed el Azzabi stated that he
worked in depths varying from 10 to over 20 fathorns.
He also recalledthat normally four Libyanboats worked
the Bank, each with seven in the crew including four
divers. Greek fishermen also worked the Bank, but
Tunisians were precluded and used other banks west of
Ras Ajdir.
Testimony of MustaphaOmranBallouz
Zuara: 29 September 1980
1fished for sponges from 1949to 1956on the Greco Bank in
depths of 10 fathoms and less. The Greco Bank is 36 miles
from Zuara and at 11degrees east of north from Ras elTalga.
(Mustapha Omran Ballouz is a boat owner and indicated the
direction using bis boat's portable compass.)
This positionisin the centre of the Bank (D). Mustapha
Ornran Ballouz also declared that there were seven
"tops" of "heads" to the Bank, and in the shallow west-
ern area these can be clearly seen (Figure 2). Further-
more, heconfirmedthat the Bank wasactually identiiied
at sea, by its depth which characteristically increases
very sharply at the edges. He also recalled watching
spear spongers working the Bank.
Testimony of Bashir YakhlifAbdul Sallam
Zuara: 29 September 1980
1fished for sponges on the Greco Bank.
The Bankextends a long way to the east from the shallowest
part inthe west. The depth varies from 6 to 15fathoms. The
Bank begins at 5 degrees northeast of Ras Ajdir.
This position indicates thmain shallow area of the
Bank, near its western edgeE). Bashir YakhlifAbdul
Sallam also stressed that sponges werefishedby Libyans
and Greeks and no Tunisians were allowed on the Bank.
When he had last fished there in 1953-1954,there were
three boats, including one large one, from Zuara and
three large boats from Tripoli. The Tripoli boats fre-
quently stayed for a long time and, in rough weather, Pl TECHNICAL ANNEXES TO COUNTER-MEMORIAL 67
sheltered in the small deeper water anchorage immedi-
ately south of the main bank. This anchorage is
described in the MediterraneanPilot, VolumeV4.
Testimonyof Ali Sallam
Tripoli: 30 Seplember 1980
The Greco Bank is especially important for sponges. The
depth of the shallowest part of the Bank varies from 5 to 6
fathoms.
Ali Sallam, who is both a fisherman and a boat owner,
States that his knowledgeof the Bank exrendedover the
period from 1936to 1955. The Bank was worked by
Libyan, Greek and Italian vesselsonly, and large supply
ships might stay in the vicinityfor months, being replen-
ished from Tripoli. The sponges werecleaned on the
Bank.
Inorder 10ob~aina definiteguide to the westernedgeof the Bank it was
decided to use a large harbourtug,"Jado", captained by Abdul Rahman.
The captain had experience ofthe Bankand stated fromthis experiencein
fixingthe positionof hisshipihatthe western edgeliesapproximately 247
degrees from El Biban and 156 degrees from Ras el Talga(F). Bashir
Yakhlif Abdul Sallam, the fisherman interviewed earlier, directed the
boat, the positionof which was reguiarly plotted on a British Admiralty
chart (Figure 6). When he had reached a position familiarta him at
precisely11:35 (local time), he indicated the exact courseto the western
edge of the Greco Bank. The position of the tug al thattirne was fixed
fromSidi Aliand the conspicuous buildingby the harbour atZuara. The
course indicated hada true bearingof 311 degrees (G) and it can beseen
.that this passes through the shallow westernarea.
CONCLUSIONAND TESTIMONY
In the light of the evidence we have been able to collect concerning
the location and customary use of the Greco Bank. it is our belief thal:
1. The Greco Bank isclearly identified with the shdlows marked on
numerouscharts and maps. The range ofpositions witnessedindicates
the spread of the Bankfrom awesterly positionimmediately northward
of Ras Ajdirto its nor~heasterlyextension.
2. The Greco Bank lies precisely withinthose waters defined by Libya's
norihern line daim and Tunisia's 45" daim (Fig. 5).
3. The Greco Bank has been fished by Libyan sponge divers at least for
several decades, and Tunisians have not been perrnitted to fish there.
4. The ltalian administration taok active steps to protect Libyan interests
on the Greco Bank.68 CONTINENTAL SHELF 151
REFERENCES
( I) Servonnetet Laffite,LeGove de Gabès en 1888 (Challamel et cie.
Paris).
(2) The archives of the Port Authority in Tripoli, to which we had
access,ontain manyexamplesofdocuments relating to the control
of illegal sponge fishing. The followingare samples:
Document No.
Letter dated 511911934addressedto the Port Captain of
C (59c)
Tripoli re abusive sponge fishing.
D (59d) Letter dated June 1, 1934to the Port Captain of Tripoli
re abusive spongefishing.
E (59e) Letter dated 511211934re ltalian Navy'sgunboat "Alu-
la" mission.
F (59f) Handwritten note, undated, alluding to a missionof the
Itatian Navy vessel "Malocello".
H (61) Letter dated 6/1/1934 [rom the "Commissary of the
Occidental Boundary" re the surveillanceof spongefish-
ing.
J (63) Letter dated 6/24/ 1934 frorn the "Commissary of the
Occidental Boundary" re the surveillanceof spongefish-
ing vessels.
Letter dated 7/20/1934 re the eventual purchase of a
L (65) vesselfor the use of the Zuara districthe surveillance
of sponge fishing.
N (67) Letter dated 6/2/1934 to the Port Captain from the
government of Tripolitania re the abusive fishing of
spongesby Tunisian and Greek vessels,and the dispatch-
ingof the naval unit "Monfalcone" forsurveillancepur-
poses.
Q (69b) Letter dated 711411934 from the "Commissary of the
Occidental Boundary" rethe position of infringinfish-
ing vessels.
R (6%) Letter dated 7/16/1934 frornthe naval corniand to the-
Comrnand of the Tripoli district, and to the commander
of the "Monfalcone" re repressionof abusive fishing by
the vessel "Monfalcone".
S (69d) Letter dated 7/ 16/ 1934addressed to the Officeof Eco-
nomic & ColonialAnairs ofTripolitania, referring to the
above-rnentionedletter dated 711411934at pp. 291-292.
T (69e) Two telegrams dated 7/ 16and 7/17/1934 re departure
and arriva1of torpedo-boat "Monfalcone".
V (71) Letter from torpedo-boat "Monfalcone" to the Tri-
politanian government, dated 7/17/1934 indicating par-VI TECHNICAL ANNEXESTO COUNTER-MEMORIAL 69
ticulars of a repressivemission against unauthorized
spongefishers.including navigational coordinates.
X (73) Letter dated 9/15/1934 #3630, drafted by the Port
Captain,directedto theEconomics and ColoniaAlflairs
of Tripolitania,demanding the authorisationfor the
purchaseof an 8 metrepatrolboat.
(3) Sailing Directionsin the Medirerrane:U.S. Navy Hydrographie
Office,Washington,D.C., (H.O. No. 154A) 1942 Vol.IV, p. 58.
(4) Mediterrnnean Pilot: 6th edilion. Hydrographerof the Navy,
Taunton,England,1976,Vol. V, p. 39. CONTINENTAL SHELF
Anne5A
TECHNICALATAASTORELIEMF ODEOF TUPELAGIANASIAND
SURROUNDINLAND
PROFESSORFGEOLOGY
DIRECTOOFTHEMARIN GEEOLOGICAND
SEDIMENTOLOG IIALSION
INSTITUOFGEOLOG YNDMINERALOGY
TECHNICAUNIVERSIMTUNICH[Il TECHNICAL ANNEXES TO COUNTER-MEMORIAL 71
1. Base Map (to be furnished to the Court with the Relief Model)
Area covered:
Lat. 30°N to 370301N
Long. 9"E to 18"E (of Greenwich)
Projection: Mercator (cylindrical)
Scnle: 1 : 1,500,000 (at Lat.38"N)
Source rnaps:
(I) Marinearea: Mer IonienneCarte No 2, Mémoire du Gouverne-
ment de la République Tunisienne,Vol. III, Tunis, 1980.
Land areas:
(2) for Tunisia: 1 : 1,000,000, Ofiice de Topographie et de
Cartographie, Ministèrede I'Equipement,Tunis, 1975;
(3) for SE Tunisia, Libya and Sicily: Tunis, sheet 3 of Africa 1:
2,000,000; Edition4-TPC; U.S. Army Topographie Command,
Washington, D.C., 1969.
The landcontours of (2) and (3)were photographicallytransferred to
the scale and projectionofthe chart (1).
Land ~opography: in"f "contoursoJ100metresteps wirhomission
of fines whencontours are too cfosely spaced.
Coastaf line ("O") bo:fd line.
Submarine ropography:
a) In veryshoal water depth contour linesa-20metres, -50 metres;
b) 100rnetreinterval wherecontour linesare separate (normal shelf
and slope);
c) 200 metre interval where contour lines are very close together.
2. Relief Model (coloured, without vertical exaggeration)
Land ropography: (yellow) at 200 metre interval
Seo boirom ropography: (blue)
100 meire -600 metre waier depth: 100 metre intervat
600 rnetre to deepest area: 200 rnetre interval72 CONTINENTAL SHELF [Il
Sea colouration:
below "0 includingthe -800 metre step;
pale btue:
light blue: "surface"of the 1000 rnetrestepl includingthe
- 1800 metrestep;
mediumblue: "surface" ofthe 2000 metrestep'includingthe
-2800 metrestep;
deep blue: "surface"of the 3000 metrestep' down to the
deepest area (-4074 metre, MessinaAbyssal
plain).
paintcd withthccolourwhichwintcndetosymboliztthewaterdepthbel1OOOsmctrcs.
etc. TECHNICANNEXETO COUNTER-MEMORIAL
Annex5B
EXPLANATO ROTETOTHE"THREE-DIMENSIOCNOAP" TER
PRINTOUTOFTHEPELAGIANEAANDSURROUNDINLAND
("LARGAEREBLOCKDIAGRAMS")
PROFESSOFGEOLOGY
DIRECTORFTHEMAR~NGEEOLOGICAAD
SEDIMENTOLOGIDCVISION
~N~TITUTEGEOLOG YNDM~NERALOGY
TECHNICAUNIVERSIMYUNICH
MEMBERED~TORIAOLARD
INTERNATIONALTHYMETRCHARTOF THMEDITERRANESEA74 CONTINEMAL SHELF [Il
TECHNICALDATA
Base Chnrts: Bathymetric Chart 1:500,000by SOGREAH Consulting
Engineers, 1975 (under contract with the Libyan
Government).
Bathymetric Chart 1:75,000 by C. MORELLIG . .
GANTASand M. PISAN I1975)used in completing the
northeast corner of the S~GREAH chart'.
Geographical Area (identical with the area of the two "Block
Diagrams"):
Longitudes: from 9O E to 18" E.
Latitudes: from 30" N to 37.5" N.
The basechart used fordigitisationofabout 20,000pointsisidenticalwith
that used for the "Block Diagrams".
Horizontal Scale of the base charts and of the original computer
printout (without reduction for the perspective distortions) is 1,600
000. (This scale is not valid for the photographic reductions.)
Vertical Scale: Variable, depending on the vertical exaggeration
("V.E.") of the different groupsof graphics.
Group a: no V.E.
Group b: IOtjmes.
Group c: 25 times.
Direaion of View: Three aspects were selected:
(1) from northeast (N 45" to E)
(2) frorn east/northeast(N 67.5" to E)
(3) from east/southeast (N 112.5" to SE).
Angleof View("Theta" = Azirnuth): "Theta" isthe angle at whichthe
observer seemsto look down at the centre of the graphic;or the angle at
which the area was tilted from the horizontal position towards the
observer. This angle was changed depending on the grade of vertical
exaggerationin order to lirnitthelack of information behindareas ofsteep
relief:
Theta: 10" in al1diagrams with no V.E. (Group a);
Theta: 12" in al1diagrams with 10 x V.E. (Group b);
Theta: 15" in al1diagrams with 25 x V.E. (Group c).
MORPHOLOGICAL ANALYSIS
The purpose of this series of "Large Area BlockDiagrarns" is to show
the rnorphologyof thesotidsurfaceon land and belowthe seaof the entire
area betweenthe northern part of the African mainland (latitude 30" N)
and Sicily (latitude 37.5" N), and betweenthe east extensionof the Atlas
Mountain ranges in northern Tunisia (longitude 9" E) and to the begin-
ning of the Messina Abyssal Plain at longitude 18"E.
The "landscape" of this area isshownwithout any suggestiveinfluence
by the coastalline or other contour lines,by coloration or shading. The
observer should not see,at first sight, where the land ends and the sea
starts. Furthermore, the observerghouldbe able to evaluate objectively
'SecAnnex Il, pp.10and 1foradetaileddiscussionof eachchart.[21 TECHNICALANNEXES TO COUNTER-MEMORIAL ' 75
the relief whichcan be seen (or could be seen belowthe sea) "with the
naked eye". He also should be able to visualize those morphological
features which can bedetectedonlybyan important verticalexaggeration.
Thesedifferencesin visabilityof features on the three Groupsofdiagrams
(each Croup with a dimetent V.E.) can be used toevaluate the degree of
importance of a given morphological feature:
Only a "gross feature" is visible withoutvertical exaggeration. Gross
features arethoseof major morphologicaland tectonicalimportance (i.e.,
important geologicalchanges).
The other featutes have to be consideredeither as "srnaIl features" or
"features with low relief'.
GrossFeatures
The rnorphologicalfeatures which can be seen besi, i.e., without any
vertical exaggeration are (in order of decreasing intensity):
1. The Malta Escarpment and the Medina Ridgewith adjacent sea
rnounts;
II. The syslem of northwest/southeast running grabens (troughs)
near the Pelagian Islands;
III. The cliff of the Djebel Nefus- Dj. Duirat;
IV. The spur of the Tell Atlas Mountain ranges till Cape Bon;
V. The slope northeast offMissurata.
Al1other features are of a lowerrank of intensity and cannot be detected
on the diagrams without V.E.
Small Features or Features of LowRelief
Contraçting to the few "gross features" there are rnany features show-
ing a reliefwhichcan only be dernonstrated by a vertical exaggeration of
10 tirnes or even 25 tirnes. Their visihility on the different series of
diagrams depends in part on the direction of viewtoo.
The large number of single features cannot be named here; only the
followingones seem to be worth rnenlioning:
1. The depression Westof Gabes connecting the Pelagian Basin with
the area of the chotts;
2. The Kerkennah High, showingan approxirnatelynortheast/ south-
Westdirected elevation;
3. Special features withinand adjacent to the area of the Medina and
Melita banks;
4. Features south off Sicily and around Malta.
Lackof Features
On the other hand, the consistency betweenthe Jeffara Plain and the
adjacent vast flat offshoreareacan be demonstrated by the lackof any
feature. Especiallyondiagram 3c (viewfromeast/southeast, V.E. 25x)
it can bedemonstrated that the natural border of the PelagianBasinis the
cliff (and its related fault zones) of the Nefusa-Duirat Mountains.Off\. CONTINENTAL SHELF i31
the Jeffara Plaithereareno depressionsor troughs orslopesof impor-
tance runnin gest toeast at all. To the contrary,the area between
Tripoli- Gabes - KerkennahIslands - up 10 the southeast/ northwest
directedgrabenfeatures, Le.,the areaunderconsideration,is uniform. TECHNICALANNEXESTO COUNTER-MEMORIAL
Annex 6
SOVEREIGNT FR,ONTIIAND THE
HISTORICB AALCKGROUND
RESEARCHE BD
E. G. H.JOFFl
SCHOO LFORIENTA LNDAFRICAS NTUDIES
UNIVERSIT OFLONDON
AND
A. ROSSITERAND N.GR~AVES
SENIORLECTURE IRGEOGKAPHY
WITH REFEREN CE'THE
NEAR AND MIIIDL EASTAND
CHAIRMA OF THECENTR EORMIDDLE EASTSTUD~ES
SCHOO LFORIENTA LNDAFRICAN STUDIES
UNIVERSIT OF LONDON,ENGLAND
'M.A., UniverofLondo;M.A.Universityof Oxford.
2B.A.Universityof Cambridge.
B.Phil..UniveofBirmingham.
'B.A.Ph.D.,UniverofDurham.78 CONTINENTAL SHELF 111
Introduction
This memorandum is intended to provide a background of historical
evidence foran examination of the arguments put forward by each side in
the dispute over the demarcation of the maritime border between the
Republic of Tunisia and the Socialist People's Libyan Arab Jamahiriya.
Libya has arguedthat thepresent territorialdemarcation isthe result of
a constant eastward push by the former colonial powerin Tunisia,France.
Before the French occupation of Tunisia in 1881, the border marches
between the old Regency of Tripoli. the precursor of modern Libya. and
the then Regency of Tunis lay well to the West.extending even as far as
Gabes in the early 19th Century. When the present land boundary was
delimited in 1910. no demarcation of the maritime boundarywas made,
beyond a general statemenl that it should be a projection of the land
boundary at the coast-thus in a direction generally north/south.
Tunisia. on the otherhand,has suggestedthat the Gulf of Gabes region,
from Sfax down to the present land boundary, is a social and economic
unity. as wellas existing in a unique historical continuum. These features
depend on the major economic activity there. fishing for edible fish and
sponges-an activity which has been dominant ever since classical times.
The consequenceof this unity is that Tunisia has enjoyedsovereigntyover
the area since time irnmemoriat and this sovereignty has always been
recognized by third parties.
One way in which this sovereignty has manifested itself has been in the
recognition by the Tunisian State of public and private property rights in
fishingand fishingbanks there. as wellas through the recourse by alleged
owners of such rights to Tunisian courts in case of dispute. Public rights
over sponge fishing have traditionally been accepted by third parties.
particularly European powers.as extending beyond the conventional lim-
its set to territorial waters to coverspongebanks in the Gulf of Gabes and
off the Kerkennah Isles. This recognition is the counterpart of the eco-
nomic and social unity of the area and further reinforces Tunisia'ssover-
eign rights to the region both on land and on the seas.
ln viewofthesedekailedTunisianarguments. the discussionthat follows
has necessarilyconcentrated on material dealing with Tunisia. so thnt the
validity of these arguments can be considered objectively. The material
covers the followingareas:
(a) Sovereignty, in relation to the Regency of Tunis's linksto
the Ottoman Empire before the French occupation in 1881. and to
the attitudes adopted by European powers, as well as to domestic
concepts of sovereignty used to define the extent of the Tunisian
State at that tirne; 79
14 TECHNICALANNEXES TO COUNTER-MEMOIIAL
(b) The maritime traditions of the Barbary States up 10colo-
nial limes. ta indicate what was the nature of maritime relations
between the Barbary States and other Mediterranean and Euro-
pean powers;
(c) Historical unity ofsocietyand economyin the Jeflara Plain
as compared with the Tunisian claims over the unity of the Gulf of
Ciabes;
(d) Ethnic complexity in the JeKara Plain as ademonstration
of theway in which local society was organized to maintain ils
independence from central authority;
and Tunisia where
the fluid border marches were pushed steadily eastward, to Otto-
man Libya's disadvanrage, and hardened into an impenetrable
frontier, interfering with traditional patterns of social and eco-
nomic activity;
(f) The development of the concept of territorial waters and
maritime boundaries in the euthern Mediterranean since the end
of the18th Century; and
{g) The significanceof fishingin the area and the disputes that
occurred between colonial powers there. in view oftheir implica-
tions for theelimitation of maritime frontiers.80 CONTINENTAL SHELF (31
SECTION 1. SOVERE[C~TY
1. The Tunisian Memoire has laid considerable emphasis on the con-
cept of "Sovereignty" in describing its clairn thatthe Gulf of Gabes region
isan economic and social unitextending at least to the present border and
forming part of an histaric continuum. Since this continuum has been
accepted by third parties, so the argument runs, it may be considered as
contributing to the spatial sovereigntyclaimed bythe Beysof Tunisor any
successor government. Indeed, the Memoire seems to imply that such a
daim isalso retrospective.
A. Sovereignty in AncientTimes1
2. It should go without saying that any ancient historical or historico-
geographic evidence will be largely anachronistic in respect of modern
legal definitions of sovereignty, territorial waters, fishery zonesor use of
the continental shelf. Not only was sovereigntyover coastal waters in
antiquity largely restricted to a few.li-definedrights. such as the control
of access to ports of trade, but the actual territories themselves were
differently defined. The period of North African history occupied with
Greeks. Phoenicians and Romans, although relatively well documented,
provides only gcneral truths about the nature of the regions in question
(see Section5 for a detailed discussionof these points). Nonetheless, the
"natural" frontier between Tunisia and Libya throughout antiquity was
drawn along the line of the Tunisian chorrs.and the site of Gabes and the
Jeffara Plain wasan econornicand strategic unity. physicallydemarcated
in Roman times by a frontier road.
3. The Tunisian Mernoire also States that Tripoli was founded as a
Phoenician colony. ln fact. there is no real evidence of this. although
there is no doubt of Punic influence. The only source to mention Oea
(Tripoli) says the site was colonized by Africans and Sicilians, which is
difficult to accept literally (Gsell 1913-1928 1: 372-73). The point is
perhaps trivial but it leads ontothe broader question of what is rneanby
colonization and sovereigntyin the ancient world. Although the Tunisian
Memoire irnpliesthat colonization meant loss of independence. actual
colonizationby Phoenicians in the senseof populationssettled there bythe
Phoenician or later Carthaginian citieswas a relatively rare phenornenon.
Colonization was not coupled with political subjection to a metropolitan
power with the consequent extension of territorial sovereignty. Most of
the citiesof Tripolitania were independent enclavesof native communities,
heavily influenced by and repularfy trading with Carthage (Whittaker
1974:58-59). They were only brieflyunder direct Carthaginian control,
and even that control was disputed by a native Betber king.
4. The one historical exampte which could be used to support the
Tunisian contentions for sovereignty overthe Gulf of Gabes does not in
fact doso. The famous Carthaginian treaties with Rome, recorded bythe
See FigureNo,1.(Thefigurreesfcrrto ithetexhave bccnplaccdinnumericalordcrat
the enof this Mcmorandum.)i41 TECHNICALANNEXES To CouNTER-MEMoRIAL 8 1
Greek hisiorian Polybius in the Second Cenkury BC but whichdate back to
509 BC (Polybius III: 22, 24) seem to state that Carthage forbade al1
foreign shipping in and out of ports along the eastern Tunisian coast
anywhere beyond Cape Bon.
5. However, this was not the case, for not only is there substantial
evidence that foreign shipping operated along the Libyan coast without
hindrance or permission from Carthage. but Carthage also positively
encouraged long-distance trade in the ports it influenced. This influence
was largely confined to spécialtreaty rights in independent ports of trade
extending down to the present-day Cyrenaican border, not unlike the
grant of "Capitulations" in the mediaeval period to maritime States like
Genoa.
6. In other words, Carthaginian "sovereignty" was limited to treaty
(negotiated) rights, exercised in ports of trade and not on the high seas.
No attempt was ever made to establish trade monopolies or blockades
partly beceuse enforcement wauld have been beyond the technical capac-
ity of ancient naval formations (Whittaker 1978:80-85).
B. Pre-Protectorate TunisianSovereigntyl
7. The real thrust of the Tunisian argument, however, is concerned
with the modern period. Specifically, the Tunisian Memoire implicitly
rejects the idea that there was any substance in the daims by the Sublime
Porte of the Ottoman Empire in lstanbul that ithad residual but signifi-
cant rights of sovereignty after control devolved on the hereditary Hus-
sainid BeysofTunis. Byimplication ofcourse, the same arguments would
apply to Tripolitania under the Qararnanli dynasty. However, in this
case, the reimposition of Ottoman rule in 1835 neceçsarilygave reinstated
Ottoman sovereignty, defacto and de jure. until the ltalian occupation of
Libya after 1913. The historical evidenceindicates, however, that there
were also residual rights of Ottoman sovereignty in the Regency of Tunis
which wererccognized both by the Porte in Istanbul and the Beyin Tunis.
8. Tunisia had been sovereignand independent under the Hafsids
( 13thto 15thCenturies), with theSultan referring to himselfas "Amir al-
Muminin" (Commander of the Faithful) in a treaty in 1270 (Silvestre de
Sacy 1825). This ceased, however,once Tripoli and Tunis werewcupied
by the Ottoman Turks during the 16th Century (Pitcher 1974: 121 ).
9. Bythestart of the 17th Century, both Tunis and Tripoli had evolved
into autonornous units within the Ottoman Empire. The reality of their
relationships to the Empire was very complicated. European powers
certainly made agreements with both Tunis and Tripoli over enslaved
nationals and mutual freedom of access (France: Treaties) but such
agreements were always with the Beys and Deys of Tunis or Tripoli - in
other words with the officiaiappointeciby the Sublime Porte in Istanbul
to fulfill the functions of military and civil leaders in the Regencies.
'See FigureNo.2 and Figure No3.82 CONTINENTALSHELF i51
10. Even the 18th Century hereditary dynasties of the Qaramanlis in
Tripoli and the Beys in Tunis retained strong links with Istanbul. Each
receiveda firman of investiture from theOttoman sultan: firmans expres-
sing Ottoman wishes would besent to them, money would bestruck in the
name of the Ottoman sultan and annual tribute was expected from them
(Mantran 1961: xix).
I1. The Beysand Pashas werc also very concerned about the attitude
taken io them by the Ottoman Sultan. Ahmad Bey, for instance,
requcstcd in 1840the titles of Marshal and Vizir, rather than the previous
Govcrnor and Ferik (Mantran 1961: xv-xviii). In 1843, the Ottoman
Sultan finally accorded the Bey ofTunis the highest rank available to a
provincial goverriorby addressing him as "valisi hazretlcrine". In short,
the Regencyof Tunis was still considered to be a provinceof theOttoman
Empire, despite its very considerablc autonomy.
12. This formal dependence also had a certain reality. 'In 1835, when
the Ottoman Empire decided to put an end to the chaotic regime of the
Qaramanlis in Tripoli. Tunisia was expected to provide troops and/or
financial aid and supplies (Mantran 1961: 108). A similar rcquest had
bccn made in 1770,although the Khodja-basha sent from lstanbul had to
act instead as a negotiator between the Beyand a French feet which had
attacked La Goulette (Broadley 1882:2-349). During the Crimean War,
Ahmad Beyalsosent a contingent of troops to the Ottoman sultan (Brown
1974: 305).
13. The relationship was cemcnted in other ways. The Bey main-
tained a permanent representativc at the Ottoman court -appointed bythe
sultan and paid for by theBcy -the Kapi Kethudan. There were perma-
nent Tunisian consuls stationcd in Smyrna, Tripoli, Chio and Morea -
areas from which militia wcre recruiied for service in Tunisia. Tribute
continued to be paid up to 1845,when it was replaced by agreement by
gifts to symbolize the basic sovcreignty of the Ottoman Empire aver
Tunisia (Mantran 1961 : xix).
14. NeediesstoSay,the retationship wasoften extremely uneasy,as the
Ottoman Empire continually strove to reassert itscontrol and the Beysand
Pashas to limit it. InTripoli, Aliasha Burghol forcedout the Qaraman-
lisin 1794and threatened Djerba until he was repulsed byanarmy sent by
the Bey. Burghol had claimed to hold a firman fromtheSultanto recover
control over both Tripoli and Tunis (PRO 1).
15. The Ottoman re-occupation of Tripoli led to fears that the same
might happen to Tunis. A 10,000-manOttoman army whichappeared in
Tripoli harbour in September 1837 caused lively apprehension in Tunis.
which seems to have been unfounded (Brown 1974: 217). The French
Foreign Ministry was later to claim that it had prevented two other
attempts (SHAT 1). Again, in 1846there were rumours that the Otto-
man Pasha of Tripoli was planning to invade Djerba and was suborning
local sheiks (PRO 2).
16. The Regencies were quite prepared to use European pressure to
ensure their autonomy and to prevent direct Ottoman intervention - notl61 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 83
always successfully (Brown 1974:240 K). The reverse wasalso true and
France began to developconsiderable cynicism towards Ottoman claims
(MAE 1). After the occupation of Algeria, for instance, Algerian dis-
sidents received aid from Tunisian compatriots and the occupation of
eastern Tunisia wasconsidered. However, the Foreign Ministry was not
prepared to destroy theOttoman/Tunisian link, even though the rnilitary
comrnanders in Algeria were anxious to raid offending Tunisian tribes
(SHAT 2).
17. By 1851 France was less restrained and openly claimed the Otto-
man linkto bepurety spiritual. Tunisia wasnowconsidered at least bythe
French an independent state (MAE 2 and 3). A military mission had
been foisted on the Bey and French influence in Tuniçia was by then
considerable.
18. It was left to Britain to maintain Ottoman suzerainty there after
the French invasion of Algeria in 1830 (Marsden 1971: 3). Britain
warned France not to invade Tunisia on three separate occasions (Mars-
den 1971: 27) and Consul-General Woodput constant-pr-sure on the Bey
to reaffirm hislinks with the Ottoman Empire soas to bette? resist French
pressure.
19. Eventually, in187 1,Mohammed Sadiq Beyrequested a firman re-
stating the Ottoman Empire's suzerainty and sovereignty over Tunisia
from Istanbul ('Marsden 1971 :32;Caniage 1968: 342, 24). France was
furious and refused point blank to recognize the validity of the firman,
because itconsiderably limited her freedom of action (Raymond and
Poncer 1971: 22; Marsden 1971: 33). In fact, contemporary French
sources claimed that it was this French refusal that preserved Tunisian
independence by preventing the Ottoman Empire from reasserting its
control (SHAT 3).
20. Britain took great care to avoid treating Tunisia as an independent
state. In 1856 Ahmad Bey refused to visit Britain because the Govern-
ment there would only accord him the status of an Ottoman ambassador
(Ganiage 1968: 24). In 1875the commercial treaty signed with Tunisia
was closely patterried on similar arrangements made with the Ottoman
Empire (England, Foreign Office 1876).
21. Evenafter France had occupiedTunisia in 1881,Great Britain still
refused to relinquish its support for ultimate Ottoman sovereignty there.
In fact, the views of the British Government over the statusof Tunisia
prior to the French occupation had been typical of those commonly heldin
the rest of Europe (Broadley 1882: 1-vii).
22. Ironically enough, the Treaties that France forced on the Bey of
Tunis in 1881 (the Treaty of Bardo) and 1883 (Al Marsa Convention)
bothcreated genuine Tunisian sovereigntyand then assimilated it into ihat
of France. UnderArticle 4 of ihe Bardo Treaty, al1 agreements with
European powers wereto be maintained -those with the Ottoman Empire
were,by implication, to fa11(SHAT 4). Under Article 1 of the Al Marsa84 CONTINENTAL SHELF
Convention. the French Government iook the right to make whatever
modifications it felt ncccssary in Tunisian institutions and the Bey was
obliged to acccpt thern.
23. Thur; ,espite thc lcgal fiction of a Protectorate, afier 1883Tunisia
could no1inany crisedaim ony form of sovereignty. as France acted in her
narne. Even thc territorial extent of France's new subject state was
subject to this sort of control-in 1882. the French War Ministry toyed
with the idea of Limiting its pcnctraiion to Gabes and leaving ihe area to
the south to its own devices (SI-IAT 5).
24. By the 1890s, this hiid rudically changed, because the French
authorities had beenovcrcorne by thc notion of the "hinterland". Accord-
ing io rhis view, cach littoral strite in North Africa hilda hinterland ihat '
lay duc south of il. In thc caseof Tunisia. the easicrn lirnit of its coastline
had the fortunate conscquence that bath Ghadames and Ghat. major
staging postson the Saharan trltdc routcs. Iriy inside the claimcd Tunisirin
hinterland. and thus rightfully undcr French control. This clairn had the
advantagc that France could thus rernove control of the Saharan caravrin
trade frorn Tripoli by cventually occupying these important oases (Vivien
1899: 260. 261).
25. lndecd, this concept played such a part in the thinking of the Wrir
Ministry that itsaw the Turco/ Tunisian Bordcr Conference of 1893 as a
danger to this hinterland (SHAT 6). Luckily for them. the conference
broke down for quitc indcpendcnt rcrisons.
26. In any case.quitc apart rroin riotions of "hinterland" or the appli-
cation of European concepts oT"sovercignty", France had consistently and
deliberately ignorcd the corrcsponding Ottonian and Muslirn concepts. It
was in ihis way thai Francc could unil:itcra\ly rejcct Ottoman claims,
using asevidencc thc inability of thcOttonirin Empire to Tulfill the criteria
ihrit France. as il Europciin pourcr.insisicd should be sotisfed for sover-
eignty to be establishcd.
27. Ideaily. in Muslim eycs. sovcrcignty related not to territory but to
consent. Muslims belungcd to a general comn-iunity which wils involved
in a cornplcx seriesof interrelaiions between rulers and ruled. In gencral.
ihese interrelations, which took the lorm of cxplicit contracts. requircd the
rulers to preserve the integriiy of thc overall cornrnunity as a primary
requirernent for thc recognition by their subjccts of their position.
28. Apart frorn these gencral considerlitions. scparate communities
within ihe general cominuriiiy were granted considerable autonomy to
handle their own affairs. Only when the integrity of individual comrnuni-
lies-by threats froni Christendoni. and Iiiter froni European powers. for
instance-and. byimplication, the integrity of theoverall Muslim cornrnu-
niiy. were threatened. did the suprenie rule of that comrnunity beconie
directly involved.
29. In other words. the Ottoman Sultan-Caliph (by this tirne the
Ottoman Sultan was the legal embodimcnt of the Sunni Caliphate) had an
inescapable obligation to interest himself in the defence of a country like
Tunisia when threatened, even ihough normally speaking. hc left Tunisia181 TECHNICAL ANNEXESTO COUNTER-MEMORIAL 85
to lookafter its own aifairs. The large degree of local autonomy granted
to Tunisia did noi, in Musiim eyes, imply any derogation of sovereignty,
since such links became explicit only in times of threat.
30. It isthis principle that explains Tunisian willingnessi1871 to turn
to Istanbul for a firman of support, despite its long tradition of avoiding
direct interference by the Porte in its affairs. In short, Muslim sover-
eignty, as practised by the Ottoman Empire, involvedcontractual bonds
between communities rather than control over territory.
31. This was the principle that France (and later other European
powers) was to consider an irrelevance and an example of the impotent
hypocrisy of the Ottoman Empire in claiming interests in areas where its
territorial authority did not extend in terms that Europeans could recog-
nize. Itwas alsothe reason for Ottoman obstinacy overaccepting French
faifs accomplis in both Tunisia and Algeria.
32. Although the Sublime Porte was powerless to prevent the French
occupation of Tunisia, the Ottoman authorities consistently refused to
accept the Bardo Treaty. Even as lare as 110, when the border situation
wasso serious that it seemed as if France might actually invadeTripolita-
nia, the negoliaiions that both sides recognized as essential were deiayed
because of this "obstinacy" (MAE 4).
33. Nonetheless, the Sublime Porte had not wanted to exacerbate
French anger and had early on instructed the Vali in Tripoli to be as
accommadating as possible. This, in turn, led to Italian anger overappar-
ent French influence in a region over which she had designs. As a result,
in 1904. France came to terms with Italian fears by according Italian
interests inTunisia special status. Thisagreement, whichdirectly related
to Tu~isian sovereignty, was signed without consulting the Bey of Tunis
(SCIAT7).
34. In fact. Italy had been extremely concerned, ever since 1881, with
French activities in Tunisia, because of the large number of ltalians resi-
dent there and because of her ownconsiderable economic interests, partic-
ularty in fishing. ltaly had also been alarmed by French threats to
Tripolitania, as France increasingly encroached eastward. lnitially she
had reliedon British support in trying to maintain Ottoman control there,
until it became clear rhat Britain too was prepared to see the Ottoman
Empire collapse. It was ai this point that Italy came to secret terms with
France.
35. Of course, after Italy's occupation of Libya, these considerations
became irrelevant. The Ottoman Empire had disappeared, its successor
state made na clairns on the Barbary Statesand decisians were made by
European powers. By 1934,the onlyconsiderations that exercised French
apprehensions were the dangers that conflicts within Europe might spi11
over into North Africa, particularly along the Libyan/Tunisian border.
C. DomesticConceptsof Sovereigntyin Pre-Protectorate Tunisia
36. In pre-Protectorate Tunisia, these diplornatic considerations
played little partin determining the exterit of the geographic control86 CONTINENTAL SHELF 191
exercised by the central authority of the Bey. This was more usually
defined by the Bey'sgovernment by its ability to collect taxes, appoint
officialsand exercise justice-both between Tunisians and between Tuni-
sians and foreign nationals.
37. In the 19th Century juridical relations between foreign nationals
resident in Tunisia and the Tunisian authorities were governed by the
"Capitulations" system. This gave foreign consulsconsiderable influence
injudicial rnatters which are normally the exclusiveconcern of a sovereign
state,since they had rights of presence and even of participation in the
legal process if their own nationals were involved. tothe extent of actually
trying cases themselves.
38. There was also an elaborate system for the administration of
justice,particularly in the coastal ports (Braunschvig 1965:64). Judicial
officialswereappointed as far south as Djerba (Kraiem 1973: 1-460) and, .
in the 19th Cenlury. found themselves increasingly involved in disputes
over fishingand trade. In such cases Europeans usually accepted indige-
nous Tunisian tribunals.
39. As early as 1826, British nationals had started to cornplain to the
British consul over decisions by the Bey or his officials. Often this
involvedquestions of extent of jurisdiction and sovereignty-as with the
case of the London Pearl and Coral Association. where the Bey was
accused of having usurped the sovereign rights of Algeria by granting
fishing rights toregions outside his authority (PRO 3).
40. Later on, in the 1870s.severalcasesofdispute overTunisian fishing
rights arose. The Beys clairned rights over fishingoutside the three-mile
timit, on the grounds that there were internationally recognized prescrip-
tive rights there. In the case of the Kerkennah region, the fact that
Iialian, Greek and Maltese fishetmen toterated Tunisian clairns was held
to be suficient proof of these rights (PRO 4). However, Sir Travers
Twiss, in his opinion,(Tunisian MemoireVolume II, Annex 81). pointed
out that there was also the rnatter of how coastal features such as bays
(conventionaily limited 10 a width of 10 miles), should be identified.
41. This opinion, of direct relrvance to the question of Tunisian sover-
eignty in the Gulf of Gabes, was never tested, no doubt because most
fishing of sponges and polyps was inshore and because the catch was
landed at Tunisian ports for sale. Although this was required by Beylical
law, it was in any case necessary for the sponges to be cleaned as soon as
possibleafter removal. The disputes were really about whether foreigners
could claim extra-territorial rights over catches they landed.
42. Arnongstthe rural populations ofTunisia.justice wasa commodity
dispensed bya localoficial (Braunschvig 1965:40) although this tended
notto be the case in thesouth. There local tribes did their best to ignore
the central authority of the Beysand their appointcd oficials. The nature
of the administration in these regions facilitated this attempt (Fitzner
1895: 282).
43. In fact, sovereignty inside Tunisia itself was no1a simple question
of territorial control. lt related,s in the case of the Ottoman Empire to[Io] TECHNICALANNEXESTO COUNTER-MEMORIAL 87
links bciwccn çoriiiiiunitics rathcr ihnn to control of tcrritory as such.It
dependcd on thc riiutu:il but conditional recognition of complcrncnti~ry
obligations bciwccn rulcr and rulcd. Hoih hiid dcfincd obligations
towards thc Musl~tilconiinuniiy ;it trirgcofwhich cach forriicd an intcgrlil
part. Oftcn, ol'coursc, such inutunl oblig:iiions wcrc rcduccd to simplc
coercion, but this w:isonly iolcratcd tothe cxtcnt to which il iiccordcd with
n gcneral rccugniiiun uf ~hcIcgiiimacy uf centr:il guvcrnmcnt-provided.
OC course. thnt thosc sufl'cring [rom such cocrcion hsd suflicicnt power to
make their vicws known.
44. Cicncr:illy. 'runisi* was controllcd by ri sct uf ollicials-the
caids-appointcd by thc Hcy and answcriiblc io him. The appointmcnls
wcre for spccific, lirnitcd duriitions and. during his pcriod of authority, the
caid could not Icavc hiscaidnt wiihoui the Bcy's pcrriiission. Thccaid was
not usually a local ninn, and. with thc rcally important caidats. such lis
thai of Djerba, hc would normally bc a M;iiticlukc. ri mcmbcr of thc
administr;itivc slavc crisic (Krriicm 1973: 1-32), or an irriportant notable
(Kraicrn 1973: 1-169/170).
45. Howcvcr, in the case of al-'Aradh, ihc rcgion riinning down îrom
Gabes along ihc JcfTiira Plain towards Tripolit;inia, thiswiis not the case.
Undcr Ahmad Bcy. Tor cxarnplc, thc cüid. boih of the 'Aradh and of
Djerba, wns a mcmbcr of the powcrful Bin 'Ayad F~rnily,a locril îarnily
from Djerba that miiy cven have had Tripolitanian origins (Brown 1974:
88).
46. Furthermorc, the 'Aradh caid (and thc Tarnbulsi caid who con-
trolled Tripolitanian migrants scttled souih or Tunis), unlikc 311 the
others, was not obligcd io rcsidc in his caidai. Instcad hc livcdin Tunis,
his duties being discharged by two khalifahs (assistants). one resident in
Tunis and the othcr in Gabcs. The caid only visitcd his cnidat during the
annual winter mahaLla to the Djerid in the south (Brown 1974: 119).
47. This wns because thc 'Aradh was almost uncontrollable. with
constant tribal warrare bctween the Warraghmii and Nuwayl or between
bath these nomadic groups and the sedentary Berber tribes of the Jabal.
The relationships that did exist between the Warraghrna and the Bey had
little to do with the exercise of his authority directly there. They were
more requests for aid ta an outside and separate authority. than appeals to
an institution which wasconsidered inherently responsible TorWarraghrna
çecurity (TA 2).
48. ~he isolation of the 'Aradh caid from those whorn he was supposed
ta govern was best shown after the French occupation. The French
authorities appointed Joseph Allegro, ex-consul in Bone. as caid for the
'Aradh. He was only able to assert his authority by negotiating in person
with the local tribes-because of their inherent rcfusal to recognize the
central authority in Tunis, be it French or Beylical (Cambon 1948: t60).
49. Apart from the appointment of officiaisthe Bey could also claim
sovereignty on the basis of the taxeshe collected. To this end itwas usual
to send out the Tunisian Arrny as a mahalla twice a year. In summer it
went to the Beja region and in winter 10 the Djerid. Its primary purpose88 CONTINENTAL SHELF Ii II
was to collect taxes due, but, in reaiity. it attempted to demonstrate the
extent of Beylicat power by its ability to extract taxes since the actual
financial return wasoften hardly sufficientto cover its costs (Brown 1974:
131).
50. In fact. the mahalla did not even go to the 'Aradh normally. Even
in 1857,when there were complaints against the Hamrnama and the Beni
Zid, just to the north of Gabes, no attempt was made to divert the mahalla
frorn its usual course to the Djerid (SMAT 8). In later periodsan annual
tribute of 160.000 piastres was assessed on the Warraghma-it never
seems to have beencollected efectively and no majba (poll tax) was ever
paid (Fitzner 1895: 279).
51. Although sometaxes wereapparently paid in the 1840s, these were
only ashur on olives-mainly found around Gabes, Djerba and Zarzis,
coastal ports of easy access. In any case, all these ports had regular
maritime contact with Sfax and other urban centres in the north, where
they sold manufactured and crafi goods. Taxation there was obviously
quite a simple matter (TA 3, TA 4).
52. The ineffectivenessof Beylical authority is shown by the inability
of his governorsto catch rebels who settledinthe Tripolitania marches of
Tunisia in 1856 (PRO 5). Byeffectiveuseofthe uncertain and unpatrol-
led border marches, they were able to disturb the Tunisian and Tri-
politanian authorities for considerable periods and it isclear that Tunisian
authority at this time did not extend even as far south as Kebili (PRO 6).
D. Conclusion
53. The Regency ofTunis, despite its remoteness from Istanbul and
despite the hereditary nature of the Hussainid Beys, was always consid-
ered by the Ottoman Sultan to form an autonomous part of his Empire.
This suzerainty was accepted by successive Beys, although they naturally
attempted to maximize their autonorny. Nonetheless, the link with the
Ottoman Empire was far more than simple spiritual respect due to the
Sultan as Caliph. Itwas the full recognition of being part of a Muslim
body politic in whicha contract ofobligation and duty linked the constitu-
ent parts.
54. European powers may or may not have respected this, for their
policieswere reallyconditioned by their desire to obtain commercial, and,
later. political advantage. Bythe 1840s, France, because of her occupa-
tion of Algeria, was no longer prepared to sustain the Ottoman thesis of
sovereignty,but was opposed by Great Britain. This international stale-
mate made it possible for the Sultan to grant the firman reaffirrning his
suzerainty over Tunisia in 1871.
55. Within Tunisia itself, sovereignty was the ability of the central
authority to control and tax its subjects with their implicit consent.
ever,the country'ssoutheasternextremity wasgoverned byan officialwho,
unlikesimilar oficials elsewhere, resided not in Gabes, the major town of
the region, but in Tunis, the national capital. He was represented in
Gabes by a khalifa. In fact, the only occasion when central authorityil21 TECHNICALANNEXES TO COUNTER-MEMORIAL 89
could havemade its eiTectthere was during the winter mahalla. Yet the
mahalla neverwenttothe 'Aradh, travelling instead to Djerid. As a result
local power devolvedon the tribes and local notables.
56. Equally, the central government rarely, if ever, successfully col-
lected taxes there. Only taxes levied on agricultural produce, such as
olives, werecollected frorn the coastal oases which wete easily accessible
from the sea. Although the Bey regularly received petitions from the
region, these were appealsfor aid from an external power rather than
requests for protection fromthe subjects of a government they recognized
and obeyed.90 CONTINENTAL sHELF 1131
57. Although real links of sovereignty existed betweenthe Sultan's
government of the Ottoman Empire and the Regencies of Tunis and
Tripoli (before 1835), both Regencies enjoyedconsiderable autonomy as
well. This was true both under the hereditary dynasties of Qaramanli
Pashas (Tripoli) and the Hussainid Beys (Tunis) in the 18th and 19th
Centuries, and during the preceding period when pasha and bey were
directly appointed by Istanbul. The reason was simple -jihad.
58. Jihad .s "holy war", was the obligation on every Muslirn to
maintain (not extend) the "Community of the faithfulW-the Muslim
unrma-pariicularly against ihreats from European Christendom. After
the destructionof the Crusader Kingdomsand the growth of the Ottoman
Empire. the main arena for this struggle was the Mediterranean and the
Barbary States of North Africa were a specificcreation for this purpose.
Even after Ottoman attention turned towards Eastern and Central
Europe, the Mediterranean continued to bea hostile frontier between two
cornpeting ideologies,Christianity and Islam.
59. In this confrontation, itwas usual for the Ottoman Sultan to
voluntarily grant autonorny to local potentates who were prepared to
prosecute the struggle. Tunis and Tripoli thus enjoyed considerable free-
dom of action in relation to third powers without thereby weakening the
Ottoman slale of residual sovereignty over thern. The means used for
prosecuting this struggle was corsairing.
A. The Barbary Corsairs
60. The term "corsair" is defined a"...a private individual granied a
licence by his sovereign to fit out a ship to attack his sovereign'senemies.
The prizes which hetakes, ifjudged lawful bythe courts of hiscountry, are
his to disposeof as hesees fit,subject normally to a share being paid to his
sovereign." (Earle 1970: 6).
61. This definition applies equally to both the Barbary States and rival
Christian corsairs - generally subsumed under the title of the "Maltese
Corso", because of the dominance of the Order of Malta. It also covers
activities by national navies and private individuals, for there was little
diflerence between the two. "ln fact the Corso among al1 civilized
nations. until it waseventually abolished, represented a delegation of the
righi of war ro individuals licensed for thir purpose by the State,"
(Caruana Curran 1973: 3).
62. Until the end of the 15805, the western Mediterranean corsairs
were active allies of the Ottoman Turks against Christendom. However,
after the Knights of St. John were expelledfrom Rhodes and Tripoli and
after the failureof the Great Siege of Malta in 1565,Selim the Magnifi-
cent turned towards conquest onthe European mainland. The Ottomans
lost al1 interest in the Mediterranean theatre after their failure in the
Battle of Lepanto in 1571and thereafter the Barbary corsairs operated
alone in srnall fleets, joining the Ottomans only for specificand limited
purposes. [14] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 91
63. As fat as the Barbary States were concerned, the sizes of the
corsairing fleets underwent a general decline frorn the 1620s until the
French Revolutionary Wars, when there was a last burst of activity before
the Corso was finally suppressed. Actual fleet çizesare difficult to esti-
mate because many ships were designedto be used both as corsair ships
and for trade once their armament had been removed. In addition, there
wasa change in the late 17th and 18th Centuries from galleys towardsthe
Mediterranean roundship, which was sail-powered, because of the pre-
dominant influenceof renegades with their greater technical competence,
-within the Barbary Corso. Generally speaking Algiers had the largest
fleetand Tripoli the smallest-at about 15ships in the second hakfof the
17th Century.
64. The major forward bases, for the interception ofChristian shipping
were located around the Mediterranean islands. For the Barbary cor-
sairs, the area of activily was confinedto the Balearics, Sardinia, Strom-
boli and the Lipari Islands off Sicily and the Lampedusa/Linosa region,
while Turkish corsairs used the Aegean and Adriatic archipelagos in the
eastern Mediterranean.
65. Raiding was seasonal, Dutch and British ships off Andalucia and
Provence being raided in December when charged with raisins and wine,
and the Levant trade in autumn, as it returned westward. Although
convoy systems were developed by European trading nations-in which
theorder of Malta played a major part-these werenever very effective.
Attacks tended to concentrate in areas which ships could not
avoid-Sapienza for the Levant trade and St. Pierre or the Cap de Catt
for the western Mediterranean (Earle 1970: 55-58).
66. The Tripoli fleet tended to concentrate on the east Coastof Sicily
and on ships returning from the Levant, in regions around Crete and
Morea. In this respect,ithad to cornpete withthe Tunis fleet, which also
operated in Italy, Sardinia and Corsica, as well as making trips to
Majorca. 'TheAlgiers fieetoperated in the extreme Westand the Atlantic.
67. For the Tripoli fleet, the Levant was a difficult area. Most trade
was carried in Greek shipping which was under the protection of the
Ottomans and thus untouchable. Later on, the other main trading
nations. France, Britain and Holland, becamc too powerful to raid with
impunity. As a result, Tripoli ships began to rnove into the Sardinia-
Corsica region.
B. Relations with Foreign Powers
68. Once the period of generalized warfare was over, the Barbary
States began tobe more selectiveabout their enemies. In the 17th Cen-
tury they tended to concentrate on Catholics, particularly Spain, given
Spanish traditions of intolerance after the Reconquista and attempts 10
fulfill, rather halfheartedly, Isabella's testament. Other States, such as
France, Britainand Holland,with their greater technical competence and
naval power, became "friendty powers", who were no longer subject to
corsairing attacks.92 CONTINENTAL SHELF [151
69. Treaiies were signed to regularize shipping and trade, irnrnunity
being granted in return for tribute, if the state concerned was weak.
However. withthe three major maritime powers, thisceased to be paid by
the mid-18th Century. However, new problerns arose. The first was to
decide what was an enemy national. The second was how to apply the
right of search-the "visitàV-to friendly ships. A third was the process
to beapplied to enemy goodscarried on friendly ships (they were soldand
the captain of the friendly ship reimbursed for the lost carriage costs).
Friendly goods on enemy ships were confiscatedand. most important of
al], friendly nationals on enemy ships were enslaved-although this was
only supposed to occur if they resisted.
70. In short, there was a range of potential points of conflict with the
"friendly powers", during the 16th and 17th Centuries. Beyondthat, the
rais (corsair captains) were nosaints and cynically exploitedtheir advan-
tages for commercial profit. In this way they wereaided by the hypocrisy
of northern European powers, forthe ancient crusader tradition lingered -
sothat unprincipled attacks on Muslim shippingcould bemade by British,
French or Dutch raiders, whileconsuls insistedon immunity for their own
merchant ships. Most Barbary States were very patient over these
problems, but anger did riccur. Wars would break out. to be settled by
bombardments of Tripoli, Tunis and Algiers which did little real damage
but enabled the status quo to be restored.
71. By the start of the 18th Century, a newsystem was developed to
replace the old system of "right of search". Now passports were issuedby
"friendly" European powers, copies beingsent to the Barbary rulers, so
that their corsairs could check the pass of a particular ship against the
copies heldby their Bey. Of coursethe system was open to massiveabuse
for the many smaller nations but it still provided a workable system of
control. This did not helpthe corsairs. whosawtheir returns diminish and
thus became more unruh.
72. In fact, the very success of the pass/tribute system Iimited ils
effect. The Bey, to ensure that he could control his corsairs, could not
make peace with al\ possibleapplicants, as a certain proportion of legiti-
mate targets were needed forhis corsairs. The major powers of Britain,
France and Holland were too powerfuland States like Veniceor Livorno
too useful for trade purposes. Malta was too closeand itself the centre of
Christian corsairs (ultimately much more efficientthan the Barbary cor-
sairs). As a result, srnall powers, such as Sardinia, the Scandinavian
States and the Baltic Ports, became the typical prey (Dearden 1976: 16).
73. In fact;the European powersencouraged this. Britain and France
could easily have suppressedcorsairing in the 18th Century, but did not
chooseto do so. In the case of Britain, there was no real interest in doing
so since she suffered little frorn corsairs and in the case of France, the
Marseilles merchants benefited far too heavily fromtheir involvement in
Maltese corsairing for thern to want to see ils justification - Barbary
corsairing- being suppressed. For both sides the nice balance of partial
but continual war was very convenient (Earle 1970: 36-45).Il6] TECHNICM ANNEXESTO COUNTER-MEMORIAL 93
74. It was precisely those Mcditerranean nations which were most
subject to Barbary corsair depradations that forrned the Maltesc (Chris-
tian) Corso. This posed a far greater threat to the maritime activities of
the Barbary Statcs than their corsairs ever did to Christendom. Most
important of al1were the corsairs licensed by the Knights of St. John of
Malta (Earle 1970: 11).
75. Nonetheless. relations between the Barbary States and European
nations becarne more regularizcd. Consuls from the major powers
became a regular feature of the capitals of the Barbary Stateç; in the 17th
Century. France had been the first to estriblishdiplornatic representation
inTripoli in the 16th Century, followedby Britain in 1658(Dearden 1976:
23). A consul, Balthazar Seguier.responsible for both Tripoliand Tunis
was appointed in 1591 from among the merchants of Marseilles with
commercial interests there. replacing the previousconsul who had become
a "heretic" (SH h4 1)!
76. Surprisingly.some of the smaller Mediterranean States had antici-
püted this developnicnt. Venice. for instance. had had sorne kind of
consular presencc ever since the 14th Century, and other ltalian city states
had an intermittent consular presence thereafter-mainly for commerce.
77. In fact the economiesof the Barbary States encauragedthis devel-
opment. Basically they were self-sufficicnt and had a choice of dealing
ciiher with sub-Saharan Africa and the Middle East, or of becorning
Mediterranean powers. Europe was an excellentsource for woodand war
müterials. Although trade in these goods was forbidden to al1Catholics.
froni the 14th Century onwards there was regular trade in them. in return
for wheat. particularly to France, Veniceand Genoa. At both Tunis and
Tripoli, the port was open to all-including the supposed nrch-enemy
Malta.
78. Tripoli importcd wood from Anatolin and Egypt, iron from Thes-
srilonika. cordage from Smyrna and Alexandria. Munitions and piich
came [rom the Baltic states or Britain and. by the 18th Century. was
supplied as a trcaty obligation. Within this pattern, corsairing was a
secondary activity. not an economic necessi~yand, as it became more
difficultso itbecamc dorninated bythe state. whereas earlier it had been
conirolled by privrite interests (Earle 1970: 32-34).
79. Nonetheless, thc ambivalence of major European powers towards
corsairing and ihe problems of operating the complex treaties, not to speak
of the frustration felt by corsairs, led to frequent disagreements. These
could even result inwar, particularly ifthe interna1strains of the Barbary
States required a niorc rclüxed rein on their corsairs and the major Euro-
pean nations wcrc no more immune [rom this than the rest, althaugh they
were less often victimized.
80. In 1692, for cxample, war brokc out between Tripoli and France.
The situation was trcated in a very matter-of-fact manner by Paris. as if
suchdisruptions tadiplomütic relations were nothing ncw (SHM 2). The
Marseilles merchants were warned of the likely dangers to their activitics94 CONTINENTAL SHELF 1171
(SHM 3,4 and 5) and everyoneseems tohave settled down to await the
inevitable negotiations which took place one yearlater and resulted in a
peace treaty (SHM 6, 7,8,9, IO) ,o doubt to everyone's relief.
81. Itshouldberemembered that this outbreak of hostilities tookplace
only sevenyears after the 1685d'Estréesexpedition against al1the Bar-
bary States-an expeditionthat resulted in solemntreaties and theappar-
ent subjugation of the Barbary rulers! Infact, the Barbary States had by
this time been integrated intowiderconcernsof French policy,since Paris
was anxious to encourage any possibility of disrupting relations between
Tripoli and Britain in 1696 and 1697 (SHM 1I and 12). Hence such
minor disruptions in relations caused little disquiet in Paris.
82. The European powers were to waita further 130years beforethey
finally forcedTripoli to desttoy its corsairing tradi-inot because they
were unable to do so earlier, but simply because they did not want tIt
was only after France had transformed herself into a North African
power, withthe occupation ofAlgiersin 1830,that she finallyrequired the
penultimateQararnanli Pasha ofTripoli to ban corsairing onceand forall.
83. With the declineof the Barbary States smaller nations wereable to
threaten them with impunity (Micacchi 1936: 209). By this tirne, for
instance, theonlystatesunable to exploitthe parlousstateofTripoli under
the later Qaramanlis to their own advantage were the Scandinavian and
Baltic states which still paid tribute for maritime security. It was they.
ratherthan the poorer Mediterranean states or thegreat maritime powers.
that really benefited from the final suppression of the Barbary Corso in
1830.
C. The Knightsof the Order of Si. John
ofMalta and the Maltese Corso
84. Infact the activitiesof Christian corsairs had cornean end some
30 years previouslyin the western Mediterranean. The most important
base forhem had been Malta, then controlled bythe Knightsof the Order
of St. John of Jerusalem. Indeed, in many respects the corsairing activi-
ties of the Order paralleled those of the Barbary States. They stemmed
from a Christian visionof "holy war" and, like the Barbary States, the
Order in Malta, inthe last analysis, wasan appendage of a greater power,
the Papacy, with the Pope as its suzerain. The "Maltese Corso", pene-
trated deep into the coastal waters along the Barbary Coast.justas the
Barbary corsairs infested the coastlines of ltaly and Spain up to the mid-
18th Century.
85. The Order of St. John of Jerusalem was founded by piouscitizens
of Amalfi in 1070. Unti! the collapse of the Kingdom of Jerusalem in
1291,the Order specialized indefending the Christian pilgrimage centres
in Palestine and in treating wounded soldiers and il1pilgrims in their
massive hospitalsin Acre and Jerusalem (Runcirnan 1952: 156/7).
86. The Order then movedto Rhodes to becomea seaïaring branch of
the generalized defenceof Christendom against Muslim advance in the
Mediterranean. However,the Ottoman capture of Istanbul in 1453made . 95
[18] TECHNICAL ANNEXES TO COUNTER-MEMORIAL
it clear thrit Rhodes would be the next target. The Ottoman attack on
Rhodes took place 70 years later and by 1January 1523,the Order of St.
John was obliged to leave.
87. In 1530 the Order reluctantly accepted Charles V'soffer of the
rocky and inhospitable island of Malta as iis future base together wiithe
defence of the Spanish outpost of Tripoli in Barbary. In 1551,the Order
left Tripoli and devoted iiself exclusivlyto seaborne warfare, particularly
after the unsuccesçful Ottoman seige of Malta in 1565 (Hess 978: 76;
Bradford 1961: 135). It was during this seige that the great Tripoline
corsair Dragut died.
88. The seige made both Europe and the Order realize the strategic
imporiance of-Malta and the Order's Beet was reorganized io escort
merchant vessels,ensure communications with Europe, guard Malta and
search out Barbary corsairs (Mizzi 1968:Intro). The Order's navy also
took part in every major battle in the Mediterranean. frorn Lepanto
(1571) onwards and only declined in srrategic importance when Ottoman
intereststurned away from the Mediterranean and towards Europe.
89. From the latter part of the 17th Century the Order's navy turned
more and more towards corsairing. lts Beet.recognized as the best in the
Mediterranean and leading the change from galleysto roundships. num-
bered eightgalleysin 1685.but by 1740had sixships-of-the-line (three of
thern with 60 guns each) and only four galleys (Earle 1970: 104). The
fleet'smain duty was ofiiciallyto control the Turkish Levant corsairs and,
more importantly, the Barbary corsairs. Eventhisactivity declined inthe
18th Century. The Levant cruise stopped after 1716, and the Barbary
cruises ceased in 1796, just two years before Napoleon suppressed the
Order's activiiies in Valetta forever.
90. The Order'çcorsairing activities had begun in the early part of the
17th Century and its navy behavedjust likeal1other corsairs although the
Knights ofSt. John were neverable romake a profit ftom corsairing. The
Order also made a distinctionbetween private and state corsairs (Earle
1970: k06 ff).
91. In 1605, the Orderhad set up a special tribunal to control the
activity of the corsairs it licensed, both state and private-thTribunale
degli Armamenti. This was necessary because the Order's corsairs had
begun to offend Christian opinion by attacking Christian shipping as well
as itsmore legitimate target, the shipping of the Muslim world. The
major cause for this sudden change in European attitudes towards the
Order was the persistent habit of its corsairof attacking Greek shipping
which carried Muîlim trade, but was organized by Christians who corn:
plained to the Pope. France was also a major conveyorof Ottoman trade
Fromthe late 17thCentury onwards and the Order lost the right to inspect
French ships in 1673(Earle 1970: 111).96 CONTINENTAL SHELF
92. By the 1750sthe Christian world-specifically the Pope (as head
of the Order) and France whose commerce with the Muslim world suf-
fered-had had enough. TheofficialMaltese Corsoeffectivelycame toan
end. beirig left only with the restricted area of the Barbary coast-from
Cape Misurata to the Straits of Gibraltar-in which to operate.
93. Private corsairing from Malta still flourishedbecause, although the
Grand Master was prevented from ticensinghis ownships bythe Pope, he
could stilllicenseprivate individuals as a sovereignprince. When Euro-
pean protest made even this concession to commercial greed impossible,
elaborate devices,such asthe useof the flagof Monaco, were used instead
(Earle 1970:267). However, the Maltese corsairs had becorne unviable
and in fact, the Maltese Corso was destroyed by Christian, not Muslim,
opposition (Earle 1970:269).
94. The efïects of the Maltese Corso on the Barbary coast during the
latter part of the 18thCentury were notsevere. "Al1in al], it rnay besaid
that ...corsairs operating annually off the Barbary coast did not in any
year cause irreparable damage to the cities of Barbary. Nevertheless, up
to the end of the Corsoin 1798.they were a permanent thorn in the sideof
Barbary. not only by holding up their cargo ships but also by raiding the
Muslim fishing boats and fishing villages inland, taking fisherrnen as
slaves" (Caruana Curran 1973: 222).
95. On the Barbary coast, the favorite area for the Maltese corsairs
patrolling the shipping routes of the Muslirn Mediterranean was between
Tripoli and Tunis, usually closeto Djerba, in the "Sechi di Palo" - the
fishing banks (Earle 1970: 144). In the 17th Century, the biannual
Barbary patrol was regularly based on Lampedusa and operated in the
regionfrornthere towards Djerba (1629AOM 1) or to Sfax as we(l1630
AOM 2). Two years after this, the patrol was based on Pantellaria and
ventured into the Gulf of Gabes, touching on the Kerkennah lslesas well
as Djerba and evenapproaching Gabes (AOM 3). The same happened in
1640 (AOM 4).
96. The patrol continued throughout the 17th and 18th Centuries,
involvingconvoyprotection in 1635, forexample (AOM 5), raiding from
bases in Lampedusa in 1638 (AOM 6), and from 1739 to 1742constant
cruising from Lampedusa to the Sfax,Kerkennah, Djerba region. Bythis
lime, however, mostships were French and Dutch, even thoughthey were
carrying Muslim cargo and passengers and could not be taken as prizes
(Earle 1970: 248).
97. However, there were regular seizures of Tripoli corsairs.as on 19
July 1634 (Nasalli Rocca di Corneliano 1937) for example, or raiding on
the Tunisian coast in 1640at Bizerta, Porto Farina and the Gulf ofGabes
(AOM 7). Major battles could also occur, as in 1699off Cape Passero
with Tripoli corsairs (AOM 8, 9 and 10). Raids and seizures were a
common feature of relations with Tripoli (Rossi 1924:53/54; 72/84) in
the 17th Century, although this was to change when the Qaramanli
dynasty appeared. 97
I2Oj TECHNICALANNEXESTO COUNTER-MEMORIAL
98. Towards the end of the Corso, from 1787 to 1797 the private
corsairs licensed by the Grand Master werestill veryactive, looting fishing
vessels,capturing slaves,bringing back large vesselsas prizesand bringing
back valuable cargoes, particularly in the peak years of 1795 and 1796.
Battles regularly occurred and the Maltese corsairs penetrated right into
the Gulf of Gabes as late as 1797 (Caruana Curran 1973: 233-255).
99. French-backed merchants were involvedinevery stage of the Corso
and were its main source of encouragement. In Peter Earle's words.
"Everywhere wesee the busy hand of capital helping the corsair to dispose
of his booty" (Earle 1970: 169). Thissituation continued right up to the
end of the Corso in 1798 (Clissold 1977:160-1 62). However, the activi-
ties of the Corso formed onlyone aspect of the relations of the Order of St.
John with the Barbary States and particularly with Tripoli.
D. Correspondence BetweenMalta
and the BarbaryStates
100. Surprisingly, in viewof the constant warfare and corsairing that
characterized the relations between Malta and the Barbary States. the
Grand Master of the Order of St. John of Jerusalem maintained corre-
spondence with Barbary rulers from the late 16th Century onwards. This
grew out of the profitable possibilitiesof ransoming slaves and extending
trade with Europe. The Grand Master was ideally placed, given the
international characteristics of theder of St. John, to help in the com-
plicated and protracted negotiations that ransams required. Inany case.
the Order itself had many members enslaved in Barbary and, conversely,
field many important Muslim slaves in its own galleys.
101. By the mid-18th Century, Malta had also corneto depend on the
Barbary States for food-mainly grain and meat. A selection of letters
written by the Grand Master toTunis in the year 1737givesa goodidea of
the sort of subjects that the correspondence dealt with fromrequests for
improvedtreatment forChristian slaves (AOM II ),warnings ofa tartana
on its way to collect meat and fiour (AOM 12), the provisionof passport
indentures for the Bey. at the latter's request (AOM 13), to cornplaints
about a rogue Tunisian corsair who was disturbing the peace needed for
successful commerce (AOM 14).
102. The major correspondence was with the Qaramanliç in Tripoli
during the 18th Century. From 171 1 to 1754 the correspondence was
regular and marked bya certain intirnacy. Itwas not confinedjust to the
Qaramanli Bey; italso involvedmembers of the taifa (the guild of corsair
captains) and other officiaisoutside Tripoli, suasthe Bey of Benghazi.
103. EarIy on, the correspondence dealt with the usual issuesof treat-
ment of slaves, contacts with Apostolic Missionsin Tripoli, ransoms and
exchanges, Europeans in Tripoli-usually French merchants-and other
forma1marters, such as aid for Jewish merchants from Livorna. How-
ever, by the late 1720s the [one was changing. The Grand Master was
advising the Pasha-in the most cautious terms-on the dangers of war
with France (1729 AOM 15-19), recommending an Egyptian visitor to
hirn (AOM 6) and exchanging gifts as wellas slaves (1726 AOM 20-24;98 CONTINENTAL SHELF [21j
1727 AOM 25-28). The tisual activities of returning ships and sla;es
continued, as did the Maltese support for the Apostolic Missions lhat
frequently went toTripoli toobtain the release ofslaves. In 1737.the two
rukrs decided that they should rnaintain their correspondence as a matter
of policy (AOM 29) and the letters continued throughout the 1740s.
However.as the century woreon and the relative powersof the Order and
the Qaramanlis declined, so their correspondence seems also to have corne
to an end.
E. Conclusions
104. It is clear that. up to the end of the Barbary and Maltese Corsos,
there was little concept of maritime territoriality in the southern Mediter-
ranean. Tripoli corsairs ranged over the western Mediterranean as far
north as Sicily and as far Westas Formentara. They were recognizedas a
separate entity within the complexarray ofBarbary corsairs and. altfiough
lessnumerous than those of Algiers, pursued their own pattern of raiding.
105. The early appearance of consuls in Tripoli, specifically dealing
with matters of corsairing, indicates the importance placedon Tripoli as a
corsairing centre by European powers. In fact. Tripoli had perhaps the
longest history of al1 the corsairing States on the North African Coast.
The treaty relations between European powersand Tripoli from the 17th
Century onwards related specifically to corsairing and slaves held there.
To this extent such treaties mirrored the degree of autonomy granted to
Tripoli and other Barbary States as a resulr of their involvement in the
jihad of which corsairing formed a part.[22] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 99
106. The Tunisian Memoire has argued that archaeologicalevidence
demonstrates that there used to be a complex settlement pattern in regions
of the Gulf of Gabes which is now submerged by slow encroachment of
coastal waters intothe Tunisian land mass overthe past 2000years. This
ancient settlement pattern. it is suggested. onlyphasizes the social and
economicunity of ihc Gulf ofGabes even inclassical times. In addition. it
isclaimed that some parts of the region were far more fertile and prosper-
ous than they are roday, chief among them being the Kerkennah Isles.
These arguments are used to reinforce the major thrust of the Tunisian
clairn that the Gulf OC Gabes is a single economic unit where the mosi
important resource has been fishing. However this does not correspond to
the picture provided by historical sources.
A. The Gulf of Gabes in Classical Times
107. Underwater archaeology does not offer clear evidenceof a consis-
tent. "one-way" and uniform change in sea levels since anliquity. The
Cambridge expedition to Sabratha in 1966 (Yorke 1966: 6, 9, 13),which
exümined a nurnberof sites on the Tunisian and Libyan coast cameto the
conclusion at Sabratha harbour itself that. "submersion may have been
caused by wave action and erosion. local tectonic change. subsidence or a
rise in the sea level"; at another mainland site, "The drainage channels
from the ruins of the baths wasstill abovesea levelimplying that there can
have been littlc change in ihe sea level since Roman times." Elsewhere
along the coast of the Gulf of Gabes the expedition could find little
evidence of a change in sea-tevel.
108. Thc data does not generally support claims of a general rise insea-
levels of approximatcly one rnillirnetrc per year. which the Tunisian
Memoire suggests io be the case at Kerkennah. Not only isthis figure a
considerable exaggeration of the evidence from other points along the
coast. but no consideration has bcen given to purely local conditions of
erosion and subsidence or oî Ruciuatians in the rise and lall ol the sea.
Despois. for instancc. describes the site a( Kerkennah in terrns of "la
falaisc argileuse quc la mer attaque mollement" (Despois 1937: 43).
Delano Smiih says, "There are what rnight be called 'one-way'changes ...
But probably by far the greater proportion of the plains and coastlandof
Mediterranean Europe have altzred periodically ..The level ofthe sea, in
relation io thc land docs Var...continuously" (Delano Smith 1978:32).
109. Therc has been some gencral rise in the sea-level since the Third
Ccntury HC but this has had little effect on the size or agrarian prosperity
ofthe islands or coastal settlernents of the Gulf of Gabes, as is alleged by
the Tunisian Mernoire, for the lsles of Kerkennah and Djerba. Herodo-
tus, for instance. says that in the Fifth CcntuBC the island of Kyraunis
(Kerkennah) was 200Greek stades longand very narrow (Herodotus IV:
195). Since a Greck stade was L 82 mctrcs. the island according to this
(very generril) description was36.4 kilometres long. which compares to
thepresent distance of approximatcly 36 kilometres from Sidi Youssefto1O0 CONTINENTAL SHELF 1231
Rmadia on each end of the islands. For Djerba in Roman times the
dimensionsgivenbythe learned Plinyin the First CentiirAD are 25times
22 Roman miles (Pliny V: 41), which the Tunisian Memoire incorrectly
states to be fargreaterthan the preçent day dimensions of approximately
35 times 32 kilornetres. But if a Roman mile is 1.478 kilometres, the
dimensions provided by Pliny work out as 36.95 kilometres times 32.51
kilometres, which is almost precisely as it is today. Pliny also states that
the lsle of Djerba was one and a half miles from the mainland which
almost exactly corresponds to the width of the Straits of Adjim today.
110. The other figures quoted by the Tunisian Memoire, which are
drawn from the Greek mariner's manual attributed (wrongly) to Scylax,
have long been considered corrupl and worthlesç (Muller 1:87). No
great reliance can be placed on any of these figures, since numerals in
ancient texts were peculiarly liable to copyists'errors. But the evidence,
such as it is. suggests that actual change in the shape of the terrain has
been remarkably small.
111. Nor do the ancient texts corroborate the view that the wealth of
the islands was once far greater than it is today. Herodotus makes no
statement about Kerkennah's prosperity but merelythat it was covered
with olive trees and vines-both of which still grow on the island today
(Herodotus : 195). ln 46 BC Jutius Caesar sent his agent to the islandsto
collect corn, but this does not mean that local crops were necessarily
prolific,only that grain wasstored on the islandsin time of civilwar or for
transshipment to trading vessels. For the islands had a port of some
importance which served as an entrepot for long distance trade ships.
Nevertheless, the town itself is described by the Sicilian historian,
Diodorus, as "only ofmodest size, with excellent harbours"! There is
therefore no reason to think Kerkennah was an agriculturally rich region
in antiquity. Bycontrast the lsle of Djerba and the adjacent mainland
had a reputation for fertility in the ancient world which continues today.
In fact,there isan inconsistencyinan argument whichstatesthat prosper-
ous agrarian states have disappeared into the sea. and at the same time
that fishing had always been an essential part of the existence of these
communities because of the poverty of the land.
B. UnityandEconomyin lslamicTimes
, 112. While it rnay be true that the northern part of the Gulf of
Gabes-the Sfax,Mahares, Kerkennah and Kneiss regions-does and has
depended on fishing for survival, it does not correspond to the situation
further south. In faci, the 'Aradh comprises a separate region of consid-
erable econornicdiversity and wealth. Three clear zonesofactivity can be
distinguished;the narrow coastal belt, where sea-induced humidity makes
intensive garden agriculture possibleand where subterranean water pro-
vides the basis for irrigated agricultureas well (Raymond and Poncet
1971: 12);the Jefïara Plain, given over to sparse cereal cultivation and
grazing for sheep and goats; and the edge of the Jabal, which is the zoneP4I TECHNICAL ANNEXES TO COUNTER-MEMORIAL 101
for arboriculture (Louis 1975). AI1three zones are complementary to
each other and al1are linked through craft activities into the wider Tuni-
sian and Mediterranean world.
(il The lsle ofDjerba
113. Nor is thiseconomic activity of recent date. As long ago as the
15thCentury al-Tijani had notedthat the 'Aradh region produced garden
produce, dates and olives(Breti 1976:43). LeonAfricanus,writing in the
middle of the 16th Century, noted that "Gerbo" was a profusion of vines.
dates,figs,olivesand other fruit. He went on to point out thatilwas also
an important market for neighbourinp nomads, who brought in large
quaritities of aniinals and wooland that, aa result,it wasa major centre
for the manufacture and export of woollenblankets as far afieldas Alexan-
dria. Laler Christian authors noted the same (Monchicault 1913: 75-
77).
114. French consulsin 1670and 1777were struck by the comparative
wealth of Djerba. noting how important weaving and commerce were to
the island and its relatively large population (MAE 5 and 6). By 1777
too, Djerba had becornerenowned for the production of silk textiles, a
tradition that continued ihrough io the 19th Centiiry (Valensi 1977: 211;
Kraieni 1973:37,62, 70). The island was alsowellknownfor its potteries
(Kraiem 1973: 1-47/2-62) and had acquired the honour of supplying the
Beywith itstextiles, as had theMatmata region to the south, at the edgeof
the Jabal (Valensi 1917: 2\4-21 5).
115. Djerba waç also well-known for the industry of its indigenous
Jewish population. a legacy from pre-lslamic days, who specialized in
farnilq-based sraft activities. and for the dominant lbadi lslamic sect of
thc hlusiim population (Kraiem 1973: 1-53). Likeiheir CO-religionistsin
the ii-lzab.the Djerbi had also, by the 19th Century, gained areputation
for retail commerce that still persiststoday (Brown 1974:184,187). As a
result of this interest in trade, up to 10 per cent. of Djerbi in the 18th
Ceniury had migrated elsewhere, airadition ihatwas mirrored elsewhere
in the 'Aradh and even in the Kerkennah lsles (Valensi 1977:25-26). In
the latter case, however, it was the paucity of alternative resources that
had caused the migrations, involving up to 20 per cent. of the total
population.
116. The same sort of descriptions of the Djerba econorny appear in
late 19th Century sources, ata time when Europeans had already begun to
settle there (L'Univers 1850: Etats Tripolitains 2; SHAT 9, 23;Fitzner
1895:282). Surprisingly, fishingplays a very srnall part inthesedescrip-
tions-it is mentioned in the 1777 report and cases of disputes between
ltalian and Maltese fishermen forsponges in Djerba were not uncommon
(TAI ). The 1884 rnilitary report (SHAT 9) does mention fishing, both
for sponges and for food, as a relatively minor resource.
(iiJZarzis
117. Jusi south of Djerba lies the coastal oasis of Zarzis. This, by the
end of the 18th Century, had become the preserve of the Akkara tribe.
They tended the gardens of the transhumant Tuazin and cultivated the 102 CONTINENTAL SHELF i251
olives,palms and fruit trees that made up the oasis. The 380 hectares of
gardens in 1890 supplemented 62,000 palrns there, producing mediocre
dates for localconsumption and the 400 hectares of olives- sorne200,000
trees (SHAT IO). Admittedly, by this date, many of the trees were
recently planted under European supervision,but the olivesof Zarzis were
famous even in the 18th Century (Valensi 1977: 163).
118. Under French control, Zarzis prospered, the numbers of olives
rising from 40,000 in 1881 to 453,000 in 1924 and 600,000 in 1930.
Palms had increased from 20,000 to 130,000and the oasiscontained some
13European faims on 20,000hectares. The population of the fivevillages
had grown from the 1888 estimate of about 7,000 in 2,500 houses to
16,58I by 1926of whom 6,305 actually lived in Zarzis and 10,276in the
countryside. Tax revenues had increasedcorrespondingly; from 44,808
francs in 1881to 253,695.50 francs in 1929,mostof it from the kanoun on
olives (88.552.56 francs), the achour (33,445.76 francs) and the animal
tax (23,l 11.18 francs) (Tunis, Service des Renseignements 1931 (a): 15,
19, 32-33).
(iii}Fishing
119. Fishingentered intothis picture in a relatively minor way. lt was
an activity mainly confined to the Walad bu Ali fraction of the Akkara
who concentrated on Bahiret al-Biban for edibte fishand had two seasons
for sponge fishing. From June to September, they fished off Kerkennah
and Sfax, while, during November to February they fished off Ras Ajdir
and Zouara-where the best sponges wereto be found-in areas clearly
' outside the control of Tunisia. ln 1930sponge fishinginvolved 190boats
while edible fishinginvolved only ten! Some 40 years before, in 1888,
there had onlybeen 130boats inioro at Zarzis. The sponges were sold in
Sfax, Djerba and Zarzis, where in 1929, 3,700 kilograms were sold
(unwashed) for a total of 370.422 francs-an annual turnover of little
more than the monthly turnover in the two weekly markets in Zarzis
(300,000 francs) (Ibid: 21-22. 34)!
120. In fact, fishing, sponge fishing particularly, in the 19th Century
was mainly a European consideration-at least in the Zarzis
region-undertaken by Greeks, Italians, Maltese and locals. Even the
local tax collector was a European in 187l,'(PRO 7 and 8). In the 20th
Century, fishing becarnea major consideration for the local Akkara only
after the Second IVorldWar. Since 1948.up to 1I percent. of Djerbi and
2,500 Akkara have taken up fishing. Of them 200 to 250 Djerbi and
about 800 Akkara gather sponges. Al1told, in 1971,there wereabout 600
boats involved. However.this is al1of very recent origin (Despois 1961:
84-85) and involvesno more peoplein Djerba, for instance, than take part
in migrant retail commerce outside the island (Despois 1961: 85).
121. The relatively recent date for large-çcale fishing-mainly for
edible fish-in the Djerba-Zarzis region is further dernonsirated by the
fact thatin Djerba the fisherscome mainly from one village around Adjim
and that the boats usedare manufactured exclusivelyby Kerkennians who
come to Adjim specificallyfor the purpose (Despois 1955:462, 464). In[261 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 103
fact, the trade is still dominated by Italian and Greek fishermen who use
Sfax as their base. ln Gabes. fishing is even Lessimportant an eoonomic
activity, being confinedto the villageof Sidi Abdesselem (Despois 1961:
84).
122. One final point about fishing needsto be made. Although it is
clearly the major activity for the northern part of the Gulf of Gabes and
the Kerkennah Isles,the assumptions madein the Tunisian Mernoireover
the continuity of proprietary deedsover fishinggrounds are opento ques-
tion. In the first place,the Siala concessions,onwhichcertaiof the titles
werebased, wereroundbytribunals during the Protectorate period to have
been insecure and had, in any case been revoked by the Beybefore the
Protectorate wasinstituted (Raymond and Poncet 1971:30; Poncet 1962:
59-6 1). Furthermore, the French authorities were never prepared to
confirmprivate title. lnstead they provideda ternporary absolute license,
on the grounds that coastal fishinghad to be available to the community
and could not becomethe subject of private property (Despois1955:465-
467). Inany case,as Despoispoints oui, any Gsherman who couldescape
from dependence on fishing did so as rapidly as he could!
(iv)Gabes
123. Gabes is very similaîto Zarzisin its economic activity. ln the
1840s for example. the group of villages that made up Gabes-Djara.
Menzel,Cheniniand Mahal-based their economyonsome200,000 trees,
80.000 owned by the population of Djara alone. The trees were largely
privately ownedina seriesof minifundia. either by individuals,farniliesin
division oras habus. In addition to olives,palms (190.000in the Gabes
regionirithe 1850s-out of a total of one millionin Tunisia and second in
importance alter the Tozeur region) and fruit trees, Gabes had an active
industrial agriculture based on henna, madder and, at the end of the 19th
Century, cotton. Of vegetable products dependingon irrigation from the
Gabes River, peppers from Gabes were much prized elsewhere (Valensi
1977: 154-156, 170).
(v)Morkers and rural exchange
124. The agriçultural economyof Gabes,did not providecereals. The
oasis depended on its hinterland for grain supplies and itwa'sin canse-
quence. a very important market for the Hazam, Beni Zid, Matmata and
western Warraghma. The Mareth and Hamma areas provided wheat,
large quantities of barley,aize-andbeans (Valensi 1977: 174; SHAT 1I
and 12).
125. The major market took place every day. except Saturday, at
Djara and provideda rneansofexchangefor rural goods-butter, animals,
cereals and woollencloth -against the oasis products of vegetables, fruit,
henna, cotton and imported goods and manufactures. Pottery from
Djerba, charcoal from Sfax and dates from the Nefzaoua, together with
locally-made shoes, were particularly important. In fact, Gabes was a
pole for the Beni Zid and Matmata as Djerba and Zarzis were for the
Warraghma and Udarna (SHAT 11and 12; MAE 7; Zaccone 1875: 30,104 CONTINENTAL SHELF 1271
154; Vivien 1899: 215). It is interesting to note that fishing plays no
significantpart inthis economicstructure that is typicalof the interchange
between transhumant and sedentary populations.
C. The 20thCentury
126. The 20th Century has seen little change in the main features of
this economicstructure and, certainly up to 1930, similar considerations
applied tothe Jeffara Plain area aswell. In Medenine, for example, the
local Annexe des Affaires indigènesregularly reported in detail on the
economic situation. Medenine was the central ksar for the Warraghma
and the population of the Annexe had risen from the estimated 5,000 in
1881 (alrnost certainly an under-estimate) to 25,000 by 1929. Drarnatic
changes had taken place inagriculture-as nomadsbecarnetranshumants
and then finallybegan to settle. Cereals nowcovered45,000 hectares, teri
times the area that they had covered in 1909. Olive trees had increased
fivefold over the 1909 figure to 77,308 trees, palrns had increased in
nurnberby 50 per cent. andfigtrees bya factor of four. Livestock toohad
undergone a dramatic increase since 1885, sheep increasing fourfold to
28,000and goats threefold to 25,000. No doubt these dramatic increases
in a cereal and animal based economy in an inhospitable environment
owed a lot to earlier under-estimatesand to migrations into the new town
that had begun togrow up around the French administrative centre, yet,
nonethelessit givesa clear picture of an economyideally suited to comple-
ment the coastal garden agriculture and arboriculture (Tunis, Servicedes
Renseignements 1931 (b): 14-28).
127. At BenGardane thesituation wassimilar. A population of 9,000
in 1880 had swollenby 1926 to 21,706. The old Ksar at Ben Gardane,
built originallyby the Nuwayl before their expulsionin the 18thCentury,
had become a town of 754 houses. The Tuazin around Ben Gardane,
although still transhumant withan econornybasedon animalsand cereals,
supported by the feespaid by the Jabalia, werenowsettlingintosedentary
agriculture in the plantations the French had created-40,000 olives,
100,000 figtrees and almonds, 32,000 palmsand 2,300vines. Even more
important, a market had been started in 1895and opened to merchants
from Djerba in 1901. In the same year, Tripolitanians were allowed to
use it and' the result was that Ben Gardane took away trade from
Zouara-to the immenseanger of the Zouari. The market also enjoyed a
certain amount of caravan trade (Tunis: Service des Renseignements
1931 (c): 13-15,26).
128. The interpenetration of the Jeffara with the Jabal and Dahar
regions to the south is well illustrated by the way in which cereals were
movedfrom the plains markets into the interior and how,inconsequence,
prices forwheat and barley showedsteady increases. In 1910,for exam-
ple, wheat which soldat Zarzis or Ben Gardane for between 23.25 and
22.05francs a quintal, cost8.25francsat Medinine and as muchas 34.50
francs at Dahibat and 36 francs in the Matmata (MAE 8, 412-414).
Caravans arrived regularly at Ben Gardane to exchange Tripolitanian
sheep againstTunisian grain.P81 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 105
129. The one feature that France had expected to be ofconsiderable
importance turned out to have no relevance at ail. This was the trans-
Saharan caravan trade. Despite al1 the atternpts made in the 1890s to
divert the trade away from Tripoli, there was no noticeable increase in
caravans coming to Gabes or Tunis. One major reason was that the trade
was dying in any case because slaving had finally been stopped in the
1890s. and France had itself diverted trade westward from the Sudan.
Finally, the Kano-to-Lagos railway dealt the deathblow to an activity that
had persisted for overa thousand years (Naji1969:80; SHAT 13and 14;
PRO 9).
D. Conclusion
130. The 'Aradh hasbeen a region of complementary economic zones
for at least 600 years, where the humid littoral, with ils coastal oases,
palms, olives and irrigated gardens, supporied the nomadic tribes with
arboreoculture, vegetable produce and manufactures and received in
return the cereals that it could not provide. In the Jabal further south a
sirnilar symbiosis existed. Gabes served as the market for the Beni Zid
and the western Warraghma, Djerba and Zarzis for the Udarna and the
rest of the Warraghma.
131. Within this integrated economic situation, thexport of grain to
the southand east (Sahara and Tripolitania)was the rural complement to
the export of textiles and pottery from Djerba and the Matmata, and the
export of oliveoil from Zarzis, Djerba and Gabes. Fishing in the Gulf of
Gabes played a minor part in the overall economic pattern, being
restricted to a minority of the Akkara around Zarzis and IIpet cent. of
the popdation of Djerba. It is only since the Second World War that
fishinghas played a largerole in the region. In this respect, the economy
of the southeast of Tunisia is quite unlike that of the Sfax-Kerkennah
region.106 CONTINENTALSHELF
SECTION 4. THE ETHNIC UNIQUENES SND COMPI.EXIT OF THE
JEFFARA PLAIN
132. The economic unity of the 'Aradh in southern Tunisia-which
sets it apart frornthe rest of the Gulf ofGabes-is onlyone aspect of those
specificfeatures that characterize the wider geographic and social unit of
the Jefara Plain from Khums in Tripolitania to Gabes in Tunisia. The
ethnic structures of the Jeffara Plain haveong history, stretching back
to pre-lslamic times, and the western edge of the Plainrmed a natural
divide with the direrent social systems foundin the rest of Tunisia. It
acted as one extreme of the natural border marches between the two
Regencies until the deliberate eastward expansion of Tunisia began in the
1770s. The movetowards the east was 10be accelerated by France after
188 1, when these marches also hardened into a formal frontier.
133. The tribal structures of the 'Aradh region arinlarge part dic-
taled by its geography. Essentially the area consists of a narrow coastal
strip behind which lies the Jeffara Plain varying in width from about 130
kilometres intheregionofWadal-Mukta down ta about 30 kilometres by
Gabes and meeting the sea close to Khums to the east. The region has
always been an area of migration and the major thoroughfare between the
Maghreb and the Mashrig. The traditional caravan of pilgrims fromthe
Maghreb 10Mecca passed through it annually (Brett 1976: 41/42).
A. Rural Society at the Start othe lslarniEra
134. Indeed, the inter-weaving of tribes acrass northwest Tripolitania
and southern Tunisia was considerable and of great antiquity. Before the
Seventh Century two major Berber groups inhabited the area, making up
the base levelsof the modern ethnic mixtures (British Admiralty (1945:
145-147)). The firstgroup, the Branes, are represented by no less than ten
tribes in modern Tripolitania,veralwithcounterparts in Tunisia south of
Chott al-Djerid (at-Tijani, Rihlah). The second group the Madghis, were
al1but absorbed by the Hawara, originally part of the Branes,but were the
originoffour major tribal familiesinWestern Libya,including theNefusah
of theJabal Nefusah in bothTunisia and Tripolitania (Ibn Khaldun, Kirab
ni-'ibn).
135. The origin of these Berbers provided a further sense of organic
unity throughout the Jeffara.he Hawara moved into Tripolitania from
western Tunisia andAlgeria as did the majority of other Branes branches,
probablyquite lateinthe reign of the earliest Arab ruofeastern North
Africa, Hassan ibn Nu'man and Musah ibn Nasayr, in the Seventh Cen-
tury. It was only in the Ninth or Tenth Century that Katamah and the
Lema'a moved into Western Libya from Algeria (Chemali 1916: 11).
There was also movement westward frorn Ljbya as the Berbers there
participated in the invasion of the Iberian peninsula in the early Eighth
Century. Over rime the original Berber inhabitants of al1but the Jabal
Nefusah were to beabsorbed into Arab society, though in the Zouara and
Zaviaareas of the Tripolitanian Jefiara the Berber strain remained strong
(De Agostini 1917: 227-265).I301 TECHNICAL ANNEXES TO CQUNTER-MEMORIAL 107
B. TheArriva1 of theArabs
136. The initial Arab incursion into Berber lands in the Seventh Cen-
tury was essentially military in nalure and had little eKect upon the
population. The Hilalian invasion of 1049-1050 and the subsequent
attacks ofthe BeniSulaim, werethe paramount factors indetermining the
cthnic character of western Libya andmuch of southern Tunisia (Deam-
broggio 1902: 113-133,266-276). The Hilalian and Sulaimian incursions
had profound results, bringing up to one millionArabs into North Africa
and changing the ethnic and linguistic map of Libya and Tunisia intwo
dimensions (Despois. J., p.43). The BeniHilal were forcedtothe westby
the Sulaim and the Berbersretreated to the mountain refuges of the Jabal.
At the same time, intermingling of racial elements brought a gerieral
Arabization of the Berbers and. in some places, a Berberization of the
Arabs. Hence. boundaries between Arab and Berber groups were rarely
precise-one tended merely to shade into the other'.
137. The Beni Hilal and Beni Sulaim represented a varied range of
tribal origins. The Atbeg, the Riyah and Zoghbah of the Beni Hilal were
Arab tribes and the Ma'aqel and theBeniGhushem wereof mixedorigins.
The Atbeg and the Riyah preceded the Beni Zoghbah and the Beni
Ghushem byseveralyears. Then came the las!groups to moveinto North
Africa fromEgypr -the al-Ma'aqel and a nurnber of smaller tribes such as
the Tarud. Udwan, Beni Gatafan and Fazara (BMA 1947:28).
138. Tudüy,only the Ulad bn Hemayra of Zavia and the UIadShebel
of the Shakshuk area of the Jeffara are descended from the Beni Hilal,
whereas most of Libya is nowoccupied bydescendants of the BeniSulaim.
The BeniSulaim cornprisedfivemain branches with Beni Auf,the Debbab
and the Zeghb moving inta Western Libya, the Beni Hebayb rnoving
towards eastern Libya and the Lebid ben 'Amer tribegravitating towards
the Libyan-Egypcian border. In the 12th Century the Beni Auf spread
westward in10Tunisia while the Nuwayt and part of the Ulad Ahmed of
the Beni Debbab too kver the Gabesarea. The al-Jiwari tribes occupied
the western paris of the Tripolitanian JeKara and together with the Deb-
bab Mahamid tribe controlled western Libya's coastal areas. The
Nuwayl and the Si'an were crushed between them and the Berber Tuazin
and Akkara of southern Tunisia.
139. There were several other social groups-the Sherif claiming ori-
gins in Fez; Marabouts, who claimed to have infiltrated from Saquiat al-
Hamra in southern Moroccoalthough they wereprobably of local Besber
origin; and the Cologhli, descendants from the Janissaries who accornpa-
nied theOttoman Turkish occupation after 1551. The Sherif constituted
a religious hierarchy claiinjng direct descent from the Prophet Moham-
med and they controlled extensivetracts of land in1the oasesof western
Libya. Maraboutic tribes claimed a sirnilar descent, although with little
clear evidencc to justify it. Their maraboutic ancestors founded
'See Figure h'o. 4.108 CONTINENTAL SHELF [Ji]
marabouticdynasties pledgedtocontinue their ascetic traditions. Arnong
the major maraboutic aggregations of the Libyan/Tunisian border area
was the Si'an tribe (Clarke 1963).
C. LaterSocial Developmentsin the JefïaraPlain
140. In the Jeffara Plain region, the results of the Hilalian and
Sulaimian invasions were extrerne. The indigenous Berber inhabitants
were either exterminated or forced to flee into the hills and mountains of
the Jabal for protection from the superior military skill of the Arab
invaders. The JefTaraPlain itselfbecame a regionof period migrations by
the transhumant and nomadic Arabs, particularly the Mahammid and
Jawari in the east and the Beni Debbab in the West. Over the coastal
oases of Zarzis, Djerba, Zouara and Gabes the nomadic overlords exer-
cised a burdensome control, ensuring the major benefits from the produce
of the oases wentto them. The Berbers inthe Jabal. needing access tothe
fertile landon the edge of the Plain, found themselvesin asimilar position
of servitude (Martel 1965: 1-40144).
141. It was only in the 15th Century that the mountain Berbers were
able to redress the batance. The exhaustion of the plains nomads in their
incessant warsallowed Berbers from the southern Jabal around Ghurnras-
san and Jabal Abiudh to re-enter the plains. The Arab nomads were
forced northwest towards Gabes and the Sahel, and east into the Tri-
politanian Jeffara'.
142. Locaiiy,it isclaimed that it was at this rime that marabouts from
the Saquiat al-Hamra first appeared in the Jabal and led the Rerber
population there against theArab nomads inthe Jeffara Plain. In reality,
the probable cause of the descent of the Berbers from the Jabal wasone of
population pressure,given the very poorresource base there and the need
of mountain populations for accesstoagricultural lands in the plains. The
mountain economy was necessarily basedon arboriculture and garden
produce, but wasvery limitedbythe lack ofwater. On the plains, rain-fed
cereal agriculture was possible (Martel 1965: 1-51 ).
143. By the 17th Century, the social organization of the region was
substantially that which wasto remain until the 19thCentury. The major
part of theTunisian Jeffara wasnowoccupied by a Berber confederation -
the Warraghma-consisting ofthe Hararaza, the Khazur, the Tuazin and
the Taghuna. To the south of them was another large Berber grouping,
ihe Udarna, busily involvedin assimilating the Arab populations around
the Jabal Abiudh. To the north of the Udarna and to the south of the
Djerba wasthe Nuwayl, now under pressure from twosides,and alotig the
coasr was a unified coastal population which was to become the Akkara
and which joined the Warraghma confederation. Around Gabes was the
small tribe of the Hazam allied to the much larger Beni Zid.
144. In Tripolitania, the Nuwayl spread across the plain, corning into
contact with the Zouara tribes on the Coast,and the Mahammid. The
Si'an noted fortheir pacificism did notparticipate in the constant struggle
'SeeFigure No.5.i321 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 109
ior land. Instead they migrated right across the Jeffara into the Sahel.
Further south, in the Jabal, were the Naluti and the Wazzani, Berber
sedentary groups (SHAT 14). Basically, al1these dispositions of tribal
power and location wereestablished as the result of interactions between
local tribal groups and owed nothing to interventionby central govern-
ment, either in Tunis or in Tripoli.
D. Tribes andCentral Power
145. From the 17th Century onwards the situation in the Jefiara
followed the fortunes of the Regencies themselves'. Boththe Beys of
Tunis and the Pashas of Tripoli sought the support of the tribes in the
region to extend their respective areas of power. Fro1598 to 1638,the
Tunisian Beys were engagedin a continuous seriesof wars to imposetheir
authority down as far as Djerba.
146. Although the Beni Zid had tried to resistthe Ottoman pressure
southward, the Warraghma accepted the Ottoman presence and usedtheir
support to bring pressure on their Arabivals, the Nuwayl. By 1638 the
Nuwayl had been pushed back tathe BenGardane region. Bythe begin-
ningof the 18thCentury, the southern Nuwayl had been expelledfrom the
Wad al-Mukta region and by the 1770s, the Warraghma factions of
Akkara and Tuazin expelled the remainder frorn BenGardane (SHAT 15
and MAE 14). Further south, underdirect encouragement fromthe Bey
of Tunis, the Udarna had attempted to expand into the Dahar-the pla-
teau leading down to the desert-but had bumpedinto the Tripolitanian
Qararnanlis who were determined to retain control of the caravan trade
across the Sahara (Martel 1965: 1-63/64).
147. Addedto these complexitiescame a further one. The traditional
local rivalries integrated into the formal rivalries of Tripoli and Tunis to
create a formof alliance pattern known as the soff. The soff alliances
divided the Jeffara and Jabal tribes into two groups, the Bashia and
i-iassinia. In reality, the sofsbecame another traditional alliancepattern
which bore no relationship to wider political events, but codified patterns
of warfare. They extended into Tripolitania, providing a sense of cohe-
sion to balance the divisioncaused by the constant eastwards expansion of
the Warraghrna (Martel 1965: 1-60/63, SHAT 16) who were simply
concerned only withexpanding their ownterritory, not with increasing the
control of theOttoman or Hussainid rulers of Tunis, despite their support.
E. JeffaraSociety on theEve ofFrench Occupation
148. By 1881the location of tribes in the JeKara Plain demonstrated
clearly that the Nuwayl, to thegreat advantage of the Tuazin and Akkara
and Udarna, had been forcedconsistentlyeastward and now occupied land
from close to Zarzisto south of Zouara2. There were ten tribes around
'Sec FigureNo. 6.
'Sec FigureNo.7.110 CONTINENTAL SHELF 1331
Zouara itsell owning oases and lands under grazing and shifting cultiva-
tion. the major one being the al-Atatsha with iis affiliated tribe, the Ulad
'Isa. The ibnJebarah factionof theal-Azzabah claimed tooriginalefrom
the Island of Djerba.
149. The Nuwayl tribe was made up of two main groups, the Manan'
ah and the al-A'rash. The latter was warlike and contained fractions
originating frorn Tunisian maraboutic groups. Despite the use of land
around Zarzis (Deambroggio 1902: 127), the Nuwayl had rnoved their
tribal centre easl frorn Ben Gardane towards Wad al-Mukta although
cereai cultivation coniinued in the west. The Nuwayi were released from
capitation taxes by the Turkish authorities in Tripoli since they were
designated as protectors ofthe border marches. The privilege indicated
that the border region was still indeterminaie and rivairy between the
Nuwayl and elements ofthe Warraghma confederation continued, espe-
cially inyears of poor rainfall. when pasturc was in short supply and the
lirnits of grain cultivation were constrained.
150. lmposed ontop of this static picturc were thc migratory patterns
of the Si'an right across the Plain. The Si'an like the Nuwayl survived in
a harsh environnient by exploiting limited opportuniiies for nom d';iism
acrossa widegeographicülarea westward from ccrcalgrowingarcas in the
Jabal Nefusah in the south across the pastoral Libyan and 'runisian
Jeffara'.
151. In addiiion to such migrations. the old tradition of razzia still
continued. As laie as 1902 French resources still considercd the
Hauamad, a Tripalitanian tribe. a potcntial source of danger and recnlled
how this tribe used io range as far norlh as Gabes in its raids (Revue
Tunisienne 1902: 275). In 1884 there were still extensive contacts
between tribesalong the border. involvingihe useof commonmarkets and
social contacts stretching as far afieldas therihammid and the Udarna
(SHAT 17), and even irivolvingthe Nuwayl usirig Ben G:irdane market
rather than Zouara (Revue Tunisienne 1902: 127).
152. The relationships between adjacent noinad groups on the one
hand and between nornadsand sedentary populritionson the other werc
complex. Between the Warraghma, or the Udarna, and ihe sedentary
populations of theJabal there existed a rclationship oîservitude. Knuwn
as a sahab it involvedthe payment by each Jabslia cultivaior of fixed
quantities of wheat, barley. oil and wool io his Udarni or Warraghmi
protector. The relationship was personal and permanent. In reiurn the
Jabali had acccssto plains landin the regionadjacent to hiksar (fortified
village) and had-in theory-a guarantee of protection frotn raiders. In
reality. of course, the relationship wasone of vassalage (Louis1975:93).
153. Betweennomadic tribes. relationships weregoverned bysoflalle-
giance. The Warraghma confederation in which the Udarna rightfully
belonged,although their size made thern count as a separate tribe in rnost
ways-confronted their traditional enemiesof the Nuwayl to the east and
'See FigureNo. 8.1341 TECHNICALANNEXESTO COUNTER-MEMORIAL 111
the Bcni Zid to the north. The 1:itrerplaycd little part since they had long
ccased to migrale south. lnstead their main centre was north of Gabes,
around the oasis of Al-Hamma (Zaccone 1875: 155).
154. The Beni Zidwere, howcver, a constant thorn to the local admin-
istration in Gabcs. They were extremcly bellicose. forming part of the
Bashia .C<I~and periadically rose in rcvolt. In1867 they revolted against
the authority of Ali benKhalifat. thcn khalifah in Gabes. In 188 I lhey
rose ügüin, this timc against the French invasion of Tunisia and found
thernselvcs undcr thc command of the very officialagainst whom 14years
bcfore thcy had rcvotted (Dearnbroggio 1902: 278).
F. Conclusion
155. Quitc eprirt [rom the sirnilariiies in social orgünizütion and life-
styles. thc Jetraraand Jabal tribes showed a common sense of political
organization. They wcre basically acephalous segmcntary societies,
organized 3s kin gioups claiming dcsccnt from eponyrnous ancestors.
Their interactions werc a conseyuence of their nomadic or sedentary
lifestglesand thc central authority of theBeys of Tunis or the Pashas of
Tripoli played littlc or no part in thcir activities. Basically their livesand
struggle to survive in a harsh environment dictated their settlernent pat-
terns, and their relationships to Tunis and ?'ripowere mcrely an exten-
sion of these local considerations. Conversely, they certainly did not see
ihemselves as primarily the guarantors of Tunisian or Tripolitanian con-
trol over the indeterminate border marches between the iwo Regencies,
however much the central governrnenl in either capital would like to have
claimed their allegiance.112 CONTINENTALSHELF 1351
SECTION5. THE BORDER BKTWEEN LIBYA AND TUNISIA
156. The Tunisian Memoire has argued for the unity of the Gulf of
Gabes region as a means of reinforcing the present delimitation of the
territorial boundary between Tunisia and Libya at Ras Ajdir. Although
this has been fixed by treaty in 1910, and is not, in itself, an object of
litigation.tmay not beassumed that itslocation, ofitself,can support any
argument for the historical extent of Tunisia.
157. Certainly, in classical tirnes, the evidence strongly suggests that
the border, insofar as one existed, ran just to the north of Tacape (the
original setilementat Gabes). Evenin the early lslamic period the border
ran wellto the north of Gabes and for short periodsTripolitania extended
north ofSfax. A Venetianconsular treaty between Ibn Ahmedibn Mekki
and Bernabo Geraldo on 9 June 1356for instance, çtated, inter oliaihat
Tripoli"...comprenait expressément. outrela villede Tripoli, les villesde
Gabèset Sfaxet lesîlesdeGerba et Kerkeni. c'est-à-direlaTripolitaineet la
Petite-Syrte.ou pays des lotophages" (Mas-Latrie 1886: 387).
158. Once Ottoman control of Libya and Tunisia had been actiievedby
the rnid-16th Ccntury, there was at first. no real border. Only when the
local administrations were given a certain degree of autonomy did one
begin to develop. lnsofar as it existed after 1587 in any formal sense
(Pitcher 197 1: 143),it wasill-dcfinedand consisted of a region of border
marches. In fact these extended at Ieast50 kilometres to the Westof the
present border position until 1770 (Tunis, Service de Renseignements,
1931(a): 7). whenAli Beyurged the Akkara and Warraghma to push the
nomadic Nuwayl eastward and thus increase the tribal territory under
their control. Although the Hussainid Beys of Tunis in consequence
claimed sovereigntyand control over the Warraghma tribes-giving thern
certain tax advantages in return-the reality was that the Warraghma
who in any case refused to pay taxes to,r recognize the authorityof,the
Bey's government, merely increased their local control in the Jeffara
region for reasonsof their owneconomicand political benefit. In fact the
border marches merely became wider and lessdeterminate as Warraghma
influence increased.
159. One of the main reasons for this wasthat the marches represented
social divisions-beiween two or more contiguous and mobile communi-
lies. In fact, the "border" was no more than the division between the
lands used and controlled by twoadjacent tribesaile claimed as subjects
by the Bey and the other by the Qaramanli Pasha in Tripoli. or the
Ottoman Vali who succeeded hirn after 1835. Since tribes in this region
were largely nomadic or transhumant across the JeKara Plain, and in the
Jabal to the south in vassalage to nomads, the border tended toollowthe
fortunes of control over traditional Pasture and agricultural lands. The
antagonism between neighboring tribes made these divisionsVaryas theit
fortunes varied in the endemic petty wars they fought. The only feature
that showed any constancy was the constant eastward moveof the eastern
edge of the border marches as the Warraghma increased their control[361 TECHFIICA~ANNEXES TO COUNTER-MEMORIAL 113
160. In fact, the divisionchosen as the "border" was onlyoneof many
possibilities. The choice had to be made in terms of which particular
group of tribes the Bey or Vali could claim to cantrol. Control existed
only insofar as the central power (Bey or Vali) could collect taxes and
appoint its own officialsto administer the tribes rhere-a function that
neither central government was ableto daim with regularity. It was only
when France had completed heroccupation of Tunisia that the eastward
expansion of hernew Protectorate was completed with the creation of a
defined and permanent border whichbore little relation to any previous
political or social divisionin thegion.
A. The Classical and ByzantinePeriods
161. It is not correct that the coastal strip from Ras Kaboudia to El
Biban formeda single economicor political region for our earliest source,
the Greek historian Herodotus, in the FiFth Century BC distinguished
between the sedentary cultivators "west" of Lake Triton and nomadic
herdsmen to the east (Gsell 1915:77-84). Lake Triton, it is generally
agreed, correspondswith the Chott el-Djerid/Chott el-Fedjadj regionjust
io the east of Gabes. II is this line which thereafter. throughout ancient
history, has been regarded as the natural dividing boundary of the mari-
time region.
162. The maximum boundaries of Carthaginian territory proper, did
not extend beyond the so-calledfossa regia (the King's Ditch), which
terminated just south of Sfax at Thyna. There is no evidence whatsoever
that the Carthaginians ever unifiedthe entire littoral from Ras Kaboudia
to Tripolitania under a single political administration. The territory
extending from Gabes to the Cyrenaican border at Arae Philaenorum
(Ras el .Aali) on the Gulf of Sidra, though partially colonized by the
Phoenicians and recognized fromtime to time as being a Carthaginian
sphere of influence,was only very briefly under direct Carthaginian con-
trol. Eventhis claim wasbitterly disputed by the Berberking M,asinissa,
who demanded the entire district of Emporia as his ancestral heri-
tage-the region from the Gulf of Gabes, south of the King's Ditch at
Sfax, as Faras the eastern Tripolitanian border.
163. Even whenthe district was brieflyunder Carthaginian control, it
was still adrninistered as a separate district from Leptis Magna (Lebda)
in Tripolitania, not from Carthage. As the Roman historian Livy says,
"They cal\ that district Emporiailis the coastland of the'syrtis Minor
(Gulf of Gabes) and rich land; it has one city-state, Leptiil produced
each day one talent in tax for the Carthaginians" (Livy XXXlV 62.3).
When finally annexed by Rome the regio Tripditana continued as a
separate administrarive and tax district-separatethat is, from the main
province of Africa, whoseboundaries fallowedthose of the earlier Cartha-
ginian territory and were definedby thefossa regio. In the period af the
Roman Empire this boundary was extended by a rnilitary road which ran
fromGabes to Haidra, near Tebessa, but not beyondGabes. Bythe Third
Century AD the regio Tripoliiana was forrnally definedby the limes 114 CONTINENTAL SHELF [371
Tripoliranus.an innerescnrpment of the Jebel Dahar and Jebel Nefusa as
far as Leptis Magna, which remained the administrative centre of the
region (Reynolds 1976: 17-45).
164. The reforms of Diocletian at the end of the Third Century AD
finallydetached Tripolitania as a separate province.which. although itfell
within the dioceseof Africa. was nonetheless regarded as too distant to be
ruled from Carthage and was therefore given a governar (proeses) who
(unusually) had independent military powers. Despite the name"Tripo-
lis", which strictly meant the three cities of Leptis Magna, Sabratha and
Oea. the provincealso included the cities of Tacape (Gabes) and Gightis
(Bou Grara) in the Gulf of Gabes. The ecclesiastical region of Tripolita-
nia in the Fifth Century likcwise was composedof the fivebishoprics of
Leptis Magna. Sabratha. Oea. Tacape and Girba (Djerba). When the
rest of the African diocese wasubject to Vanda1rule in the Sixth Century,
Tripolitania broke away on its own in533 to rejoin the Byzantine Empire
(Jones 1968: 289-297),
165. The historical recordof antiquity, therefore, makes itquite clear
thal the "natural" frontier on the Gulf of Gabes liesat the point where the
Matmata Mountains comc down to the coastal plain of the 'Aradh and
that thenatural territoriaunit inancient history wasno[ the wholeGulf of
Gabes, as alleged bythe Tunisian Memoire "depuis le fonddes ages". On
the contrary. the southern half of the Gulf, as far as the region of the
Chotts, wasoften regarded as nomadic no-man's land andthe coastal strip
was often associated with the regio Tripolitana to the east rather than
with the old African province to the north. This was the situation thaf
persisted right up to 188 1and the French occupation.
B. The Borderin the Seventeenthand EighteenthCenturies'
- 166. Given the hisiory of the 'Aradh region, as described above. itis
hardly surprising that early European attempts to describe a "border"
between Tunisiaand Tripolitania should be imprecise and conîused. In a
note to the King of France in 1670, the Consul of France in Tunis sug-
gested that the border was ai the fortress of "Gerba" (MAE 6). In
Anthony Knecht's Guidebook IO Tripoli, probably written in 1767, the
border is said to be at Gabes (PRO 10). A Spanish map in the British
Museum, dated 1775,placesthe border betweenGabesand "Gerba" (BM
1 ). A "Mémoiresur Tunis", dated 1777,held by the Ministry of Foreign
Affairs in France, suggests the border was located at Djerba (MAE 5).
Ali Bey,in 1816,suggested again that the border point wasDjerba (Badia
y Leyblich 1816: 1-242).
167. Most European maps drawn before the 1880s show the border
between the two Regencies. In al1cases it isdescribed as being far to the
Westof the present position at the Wad al-Mukta. The first effectivemap
ofTunisia wasdrawn byCaptain de Sainte-Marie, a cartographer sent by
'Sec FigureNo.9.1381 TECHNICALANNEXES TO COUNTER-MEMORIAL 115
King Louis Phillipeof France (Marty 1935: 186-192) between 1842and
1849. A year later French encyctopaediaarticles on Tunisia and Tripoli-
tania claimed that Djerba was the border point (L'Univers 1859: 1,39).
C. The FrenchOccupationBegins
168. Even by 1881, after the occupation of Tunisia had begun, the
confusioncontinued. A military itinerary of that year suggested that the
border was somewhere south of Biban (SHAT i 8). A map accompany-
ing a consular report from Tripoli claimed that the border was at Biban
(SHAT 19). A sirnilar report at the end 1881 from a military attache
in Istanbul also claimed that the border was at Biban (SHAT 20). The
initial French advances into southern Tunisia in 1882 stoppedon Wad
Fassi,ecausethe Frencharmy believedthat the border wasat Bahiret al-
Biban (SHAT 20 and 18). It was onlyin 1887that advances were made
up towards the present border and the necessary diplornatic justification
was provided.
169. At the end ofJune 1882, the French army had movedin force to
Zarzis and thence up the Wad Fassi. Zarzis had been invested from the
sea the previous year but this wasthe first major landward occupation.
The Wad Fassi seemed an appropriate line for the army to control the
border tribes of the Warraghma (SHAT21). Irhad been suggesledthat
the Warraghma shouldundenake the defenceof the frontier asa Makhzen
(government) tribe (SHAT 22).
170. The uncertainty of the border situation led Capitaine Rebillet,
whowasincharge ofthe 6e Compagnie mixteat Metameur to investigate.
In his report, dated11 February 1883, he clearly and unambiguously
placedthe border at Wadal-Mukta (SHAT 23). This isperhaps the rnost
important investigation that the French army carried out, for al1subse-
quent argument was based on the Rebillet report and on the sketch he
provided. Rebillet's information came frorn Tuazin and Udarna infor-
mants. It isquite clear that the border heclaimedwas,for hisinformants,
no more than a tribal demarcation. He noted that the Tuazin did not pay
taxes to the Tripolitanian authorities, whereas the Si'an paid toh the
Tripolitanian and the Tunisian authorities, depending on their seasonal
migrations. Furthermore, the Udarna lands were clearly recognized by
ail, as the Si'an actually requested permission fromthe Udarna to pass
through them. The actual Iine that Rebillet suggested, also had the
advantage of being along a physical feature, the valley of the Wad al-
Mukta, and thus militarily desirable.
D. FranceContinuesthe PushEast
171. Once this report had beenmade, the soleproblem washowto get
the Turks and the local tribesmen to admit that the border was where
Rebillet said it was. Asa result, the manoeuvres of the next four years,
when the French unilaterally occupied the region they claimed up to the
border, were designed toforce the tribes and the Turkish authorities in116 CONTINENTALSHELF i391
Tripoli to admit that the Wad al-Mukta really was a border in the Euro-
pean senseof the word. French troops nowbegan pushinginto the region
up to the Wad al-Mukta. By 1885 thishad so provoked the Ottoman
authorities that they protested athese incursions into what they consid-
ered tobetheir tcrritory (SHAT 24). The French replied that theunits in
question Swerenot violating any frontier and, in any case. they were
engaged in mapping the region.
172. in 1886a French survey vessel,the Linois.deliberately provoked
an Ottoman responseat Ras Ajdir. Once again the French authorities did
not accept Ottoman protests (SHAT 25) and privately considered that the
Tripoli authorities had been forcedo concede French claims to Ras Ajdir
as the coastal border point (SHAT 51). The Resident-General Paul
Cambon, wasalsoanxious to settle the border issue (MAE 15and 16). He
objected to the Army'szoneneurre along the Wad Fassi, believingthat this
would become the border unless aggressive policies were followed. In
May 1886hevisitedthe border and made his owninvestigation into where
the border should lie (Cambon 1948: 190). Not surprisingly, he also
decided that the Wad al-Mukta should become the actual border.
173. in fact, the army authorities were not standing still for they had
realized that the zone neutre had allowedthe border tribes to relapse intoa
state of ünarchy and become a haven for dissidents. On occasion this
spilled over into settled zones. or provoked a response from the Turkish
authorities. Thearmy felt that occupation ofthe border area wasirnpera-
tive to ensure that the Udarna and Warraghma should be properly con-
trolled (SHAT 26, 27, 28 and 29). With the start of 1887, pressure
mounted forthe border occupation, thearmy in Tunisia repeatedly asking
the Ministry of Foreign Affairs in Paris for its agreement and support.
Crossborder raiding in March (SHAT 29and 30) was followedin May by
marauding tribesmen penetrating as far asGabes (SHAT 31 ). The army
now got agreement for three new posts at Zarzis, Duirat and Metameur
(SHAT 31 )and, dtspite Ottoman rumblings of reprisals (SHAT 33), the
occupations had been completed by the start of 1888 (SHAT 34, 35 and
36). The Ministry of Foreign Affairs was anxious not to provokr:the
Ottoman authorities by blatant occupation up to the border and insisted
that patrols should keep to the line of posts recently created. The army
pointed out that this was merely to narrow the zoneneurre,not to remove
it, and that the problems of the past wouldcontinue (SHAT 37). In fact,
raiding continued up to 1894 (SHAT 38).
174. The next moveto tighten up the border came in August 1891from
the Valiof Tripoli who decided to prevent Tunisian tribes frorn pasturing
their fiocksinTripolitania since mostof them caused trouble. The French
authorities decided to take similar action. The first and rnost important
victims were the Si'an who suddenty found that they could no longer
harvest their crops along the Wad al-Mukta (SHAT 39 and 40). This
incident passed,but wasrevivedinthe followingNovember when the Si'an
tried to plough the landunder French control that they had traditionally
used forcrops. The French authorities,standing on the earlier agreement
by the Ottoman authorities to close the border, refused even though thei401 TECHNICALANNEXES TO COUNTER-MEMORIAL 117
Si'an had never caused any trouble. They pointed out that others, suchas
the Wazzani and the Naluti who usedto plough the land in what was now
Tunisia had also been prevented (SHAT 41, 42). Now, however,Si'an
migration patterns were permanently disrupted and the new frontier had
begun to become impermeable and permanent.
175. The French alsoclaimed that, sincethey had prevented the tradi-
tional payment of fees to the Udarna and the Tuazin for the use of their
land byothers, the nature of land control had changed. TheUdarna were
encouraged to stay on their summer pastures, rather than migrate, and
plough the land which traditionally had been the preserve of the Si'an in '
winter. Commander Rebillet in July 1891 hnd explained that the rights
that theSi'an, Naluti and Wazzaniclaimed, on the basisof land deedsover
areas nowcontrolled bythe Udarna and hence inTunisia, wereinvalidated
bytheir payment of a usage fee to the Udarna foral least 100years. Once
payments of this fee were stopped (as they had been by the French
authorilies) then so did the implied right to use the land.
176. French firmness over the new border was to cause another inci-
dent the foHowing year when, in August 1892, some 300 Naluti and
Wazzani attacked an Udarna patrol at Umm Zuggar. The reason was
simple-for over 60 years they had had orchards in what so recently had
become Tunisia and nowwere unable to harvest what they considered to
be their rightfulrop (SHAT 43). The French authorities had wanted to
force the Wazzani to ask permission-and thereby recognize their sover-
eignty overthe orchards. Soonthe incident escalated, troops weremoved
up to the border and major confrontation seemed likely. Diplomats of
the Foreign Ministry inParis soon persuaded the army to relent and the
Wazzani were eventually allowed to harvest what remained of their
figs-the resi had already been harvested on French orders by the Udarna
(SHAT 44, 45 and 46).
E. The 1893 Zouara Conference
177. It wasbynowobviousthat a formal delimitation of the border was
essential and it was decided to hold a conference at Zouara in 1893.
Amongst the Tunisian delegates was to be Commander Rebillet. Evi-
dence was collected although the French army was now strangely reluc-
tant to go through with the conference, since they reaiized that any final
decision would fundamentaljy limit their freedom of action (MAE 18, 19
and 21).
178. It was also obvious that land deeds were a dangerous basis for
clairns of sovereignty. The Nuwayl, for instance, were known to have
deeds inareas that were indisputably Tunisian (MAE 22and 23). How-
ever, since they referred back to a period when the Nuwayl were installed
around Ben Gardane,from wbich they had been expelled in 1770, the
French claimed that the deeds had no validity. Ownership of land by
private parties did not affect national sovereignty; if it did, then France
could equally wellclaim parts of Nalut and Wazzan, whereTunisians also
owned property. The French argument was based on whether or noti 18 CONTINENTAL SHELF [411
appropriate authorities had collected taxes from the populations they
claimed tocontrol. French attitudes had clearly changed frorn the 1891
Rebillet report over the Si'an andDahibat land claims to the arguments
used inthe Zouara Conference.
179. The conferenceopened in March 1893,but by May had broken up
in disagreement. Tripoli had claimed a line running south from Biban,
and Tunisia of course claimed the Wad al-Mukta line (MAE 24). The
Ottoman evidence of private property deeds had been rejected, as had
Beylicaldecrees and tax evidence, the latter on the grounds that the taxes
were collected at place of residence andthus showed nothing ofwhere the
material taxed had originated and thus where sovereignty lay (SHAT 47).
180. In August the French Army decided to moveitsgarrisons forward
to Ksar Ben Gardane, Sidi Toui, Moghri and Dehibat-almost on the de
facto frontier that Rebillet was certain the Ottoman authorities would
implicitly accept despite the failures of the Conference (SHAT 48; Mars-
den 1971: 142). The Army was anxious not to cause any unnecessary
provocation and very careful instructions were issued to French patrols
(SHAT 49). Nonetheless, incidentscontinued to occur and in April 1896
a group of Warraghma crossed into Tripolitania near Nalut to illegally
Pasture their animals. In the resultant fighting sevenwere killed and in a
further incident at the beginning of May another fivedied (PRO II).
F. The Border andthe SaharanTrade
181. By now French interests had moved southward, for the Tunis
administration believedthat the Saharan trade routes weresourcesof vast
potential wealth. Frorn 1894 to 1901. French efforts in southern Tunisia
weredevoted totrying to gain control ofGhadames and Ghat, or at least to
ensuring preferential access to these two desert markets. The aim was to
divert caravans fromTripoli towards Zarzis or Gabesand Tunis (Marsden
1971: 162-168; 171-176;233-238). Itwasan illusion, but it providedthe
impetus to the occupation of Djeneien in February 1898 (SHAT 50 and
51).
182. Italy-which hoped to occupy Libya-was reduced to watching
these French moveswhich threatened Libyan trade and territory from the
sidelines. In August 1984.the ltalian consul in Tunis reported a meeting
with Rebillet, in which Rebillet said that France had no intentions for
Tripolitania asa whole but did believe that there should be some border
adjustments-in particular that France should control Ghadames. While
these were supposed to be Rebillet's own views,the consul believed that
they refiectedthose of officia1circles as well (AME 1).
183.. The general ltalian viewwasthat the French and the British were
trying tofixthe land boundaries of North Africa to their own advantage,
before the Italians could occupy their portion-Libya. The ltalians were
particularly annoyed by a Franco/British agreement in 1894 in which
Wadai, in the Sudan, was "ceded" to France (AME 2).
184. The French rnanoeuverings over the Tripoline/Tunisian land
frontierin 1893-1894 were, therefore, no more in Italian eyes than theid21 TECHNICAL ANNEXES TO COUNTER-MEMORIAL lis
continuation of this proccss. In 1895the ltalian arnbassador in Constan-
tinople reported that the negotiations over the frontier had not begun
again, and thai it might beno bad thing if ihey did not do so, as on each
occasion the French won more territory ai the expense of Tripolitania
(AME 3).
G. -The Zouara AgreementIn 1910
185. 11was not until 1909 that French attention was dragged back to
the northern edge of the Tunisian/Tripolitanian border. In December. a
French patrol at Dehibat was fired on from Wazzan. The incident esca-
lated, as both sides rushed troops up to the frontier and, although the
danger ofopen warrapidly receded itwasclear to both France and the new
Turkish authorities in Istanbul that the question of the border had to be
settled definitively. Bythe end of January 1910. the Young Turks had
finallyaccepted the Treaty of Bardo implicitly by entering into the nego-
tiations. By May, the negotiations had been completed and the matter
was effectivelysettled, apart frorncertain details that were settled that
auturnn on the ground. France had now formally ratified the defacto
border that she had claimed firsi some 20 years before (MAE 25-33).
186. Although shortly after the cornpletion of the survey down to
Ghadames and the definitive fixingof the border there, the Italo/Libyan
War broke out. this did no1affect the border situation. There is a neat
irony in this inthat it seemsthat the YoungTurks had capituiated over the
border issue in the hope of persuading France to suppart their claims 10
Tripolitanian sovereignty against Italian annexation. Presurnably they
were unaware of the 1904 Italo/French agreement. In any case, their
hopes were disappointed as France did not interfere in the war at al].
France continued to make advances south of Ghadames and. although a
further conference wasproposed for 19 14, the outbreak of the First World
War seems to have prevented this (SHAT 52).
H. Conclusion
187. The social basis of human groups in the border zones developed
from a tribal system of some complexity. and tribal structure was of
utmost importance even at the time of the Franco/Turkish Accord of
1910. Land ownership, administration and, in the important serni-
nomadic and nomadic areas, economy related directly to the tribal situa-
tion. in fact, local çociety hadfunctioned verywellwithout interference
from Bey or Pasha. The sedentary oasis and Jabalia societies lived in
uneasy and vassal-like symbiosis withthe nomadic confederations of the
Warraghma and the Udarna -the links being based on complementary
economic interests and control of agricultural land. The nomadic socie-
tieshad pushed their neighbours eastward over thepreviouscenturies asthe
resultof population pressure in the Jabal, and the Beof Tunisassociated
thernselves with this eastward rnove. It provided them with a greater
freedom of action in the faceof the Qaramanlis or Ottoman Pashas in120 CONTINENTAL SHELF [43]
Tripoli and also relievedthem of the need to maintain astanding army in
the southeast. However, the Beylik exercised little meaningful sover-
eignty there, particularly since it could not collect taxes.
188. With the French occupation of Tunisia in 1881,the border issue
was bound to become acute. However, it was only after Rebillet had
made detailed investigationsinto localtribal structures that he wasable to
daim khatthe border was a tribal border between areas controlled by the
Tuazin and Udarna on the Tunisian side and those controlled by the
Nuwayl on the Tripolitanian side. Once stated, this principle became the
basis of French policy. By 1910 the present borderline had been estab-
lisheddefacro and nomadic migrations-the Si'an-and traditional usage .
of Pasture and gardens in Tunisia by Tripolitanian populations had been
suppressed.
189. The border as defined represented the success ofa French policy
of slowencroachment, based ona biased interpretation of the significance
of tribal boundaries. It was also the consequenceof the French "hinter-
land" policyand their desire to capture the caravan trade from Chat and
Ghadames. The finalization of the border was ko define southeastern
Tunisia as an autonomous sociologicaland econornicregion, cut off from
its natural eastward extension in the Libyan Jeffara Plain.Pd] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 121
SECTION 6. TERRITORIA WLATERS-CONCEPT' ASND DISPUTES.
190. As withtracts of desert or virgin land Muslimlaw had no interest
inassigningownershipof stretches of openwater to anyone: certainly the
corsair Bashaws of Tripoli regarded the Mediterranean as open for the
use-peaceful or otherwise-f anyone who possessedthe ships! Eventhe
British Admiralty's dealingswiththe Barbary States before the periodof
European colonization did not provide adequate definitions beyond the
"gunshot" or "24 hourç" rule. It is altogether appropriate that the first
clear indicationof an international consensuson the question of territorial
waters around Libya and Tunisia should be the occasionofa colonialwar
waged by a European power, Italy, on Ottoman Turkey in 1911. When
disputesdid arise, they were nearlyalwaysat the instigation ofa European
power,whether Italy becauseof fishinginterests or France becauseof her
occupation of Algeria.
A. Concepts of Territorial Waters Before 1881
191. The Tunisian Memoire claims that "Les pêcheriessédentaires
tunisiennessont trèssouvent prisespar les auteurs comme l'exempletype
de possession immémoriale' détenue parun Etat sur des eaux adjacentes
àses côtes." This doesnot seem tobe correct, giventhe exampleof a coral
fishery off the Tunisian coast araund the Island of Tabarca. In 1770,
French fishermen were given solerights by the Bey to fish in Tunisian
waters. In 1784,the French complainedthat Italian boats were usurping
their rightsn the area afa small island, La Gali40,kilometres fromthe
mainland. The Suprerno Magistro di Commercio of the Kingdom ofthe
Two Sicilies considered that as Italian activwas always more than 12
milesoffshoreit was no1being carried oui in Tunisian waiers, and so did
not impingeon French rights. The definitionofTunisian waters wasthose
waters within cannon-$hot of the land (Tescione, 1940: 139-142).
192. In fact,thedefinition of territorial waters as those waters within
cannon-shotof land was widely accepted. The Qaramanlis accepted iin
a Treaty with Austria-Hungary in 1749. Clause III stated:
"Tripoline Privateer Shipsare absolutely forbid (sic) to hoverand
cruize, and do dammage within sight of the Ports and Country
subject to theirmperia! Majestys, that the security of commerce
may not be disturbed."
They might, however, put into port to take shelter and pickup water:
"And then they shall beinSafety within Cannon-shot, but when
they have beenreceivedtherein, they shall not besufferedto pursue
any ship of their Enemys, till 24 hours after the going out of the
same."
A similiar treaty between Tunis and Austria-Hungary in 1748 forbade
Tunisianwarships to cruise within sight ofthe coast:
"The Tunisian Corsair-shipsshallnotcruize inthe neighborhoodof
the Ports Roads and Islands subject to their Imperia1 Majestys,
they being forbid to cruize in sight of the said Ports." 122 CONTINENTALSHELF 1451
193. The earliest reference to territorial lirnitsin the British records is
Article 8 of the 5 March 1675 Treaty, between "Halil Bashaw. lbraim
Deay. Aga Divanand Governors of the nobleCity and Kingdomof Tripoli
in Barbary", and Admirat Sir John Narborough: "That none of the Ships
or other Smaller Vessellsof Tripoly shall rernaine near his said Majesty's
City and Garrison ofTangier, or insight of itnor inany other waydisturb
the peace and commerce of the place" (PR012). What can be surmised
from this article is that where a special relationship existed betweenihem,
onestate could require privateering shipsofanother not to frequent waters
within eyesight of her dominions.
194. By the 19thCentury, the more normal gunshot rule had corneinto
operation. The Treaties beiween Tripoli and the Kingdom of the Two
Sicilies and of Sardinia, both concluded on 29 April 1816 by the British
Admira1 Lord Exmouth on behalf of the ltalian Kingdoms (PRO 13)
state:
"No Ship of War or Privateer of either party shall takea station in
sight of any particular Port in each others Dominionswith theview
to intercept any Enemy. nor shall they capture or take any Enemy's
vessel within gunshot of the Coastof a Friendly Power, or attack
any Ship or vessel laying at anchor 'inany ...of the Bays within
Gunshot,although there may not be any Battery or Guns to defend
her".
Here weshall notethat the claim iseven morecircumscribed: onlystretch-
es of water within eyesight of a port are barred to privateers, and the
distance from land within which they may not attack is only that of
gunshot distance-onsiderably lessthan eyesight in 18 16. The treaty
alsocontained a declaration of the 24 hour rule that alloweda vesselof the
favoured nation to take shelter in the ports of the contracting power if
chased by an enerny,and if "she should wish to prosecute her voyage.the
Enerny'svessel shall not be permitted to get under weigh until 24 hours
after the departure of the first, and that shc is out of sight".
195. In short. such legal control as existed over territorial waters until
the early 19th Century was onty by virtue of treaties contracted between
two consentirig powers; treaties would generally give special rights to the
- shipping of certain nations; but the clairning of "territorial waters" as a
way of protecting neutral trade was exceptional, limited and only intro-
duced as a result of European pressure during a major continental war.
The situation changed little until the French Protectorate was creatkd.
B. Disputes Between Tunisia and Tripolitania After 1881
196. In 1893,the Ministèredes Affaires Etrangèressuddenly asked ils
representatives in Tunis about the relations between the Vilayat of Tripoli
and Tunisia over fishing. The Minister particularly wanted to know
whether the Ottoman authorilies allowedTunisians to fish intheir waters
or not (MAE 34). The answer was, essentially, that Tunisians did not
need to rnove outside Tunisian waters, so there was no problem there.
However, although Tripoline fishermen did not normally use Tunisianlu] TECHNICALANNEXES TO COUNTER-MEMORIAL 123
waters, there were frequent incursions into Biban and simiiar raids on
Tunisian sponge banks, particularly by peoplefrom Zouara. The writer
felt too that some sort of conventionshould be established over rnutual
fishing rights with the Tripoli Government, since, "Aucun acte officiel
réglementantl'éxercice réciproquede la pêche dans leseauxdesdeux pays
n'existedans les archives du Gouvernement Tunisien" (MAE 3 1).
197. The rnatter stayed there until the decrees governing fishingand
navigation in Tunisian waters were issuedin 1897. On 14 March 1899,
the Foreign Ministry wrote to the French consulinTripoli to see howthe
Ottoman authorities treated Tunisians appearing in their ports, particu-
larly in viewof the new fiag that Tunisian ships were nowobliged to fly.
The answer showedthat such maritime visits were very restricted-there
were only fourships from Djerba in 1898 and then a few small ships
involvedin tramp trading along the TripolineCoast. They weretreated in
exactly the same way as Ottoman or French boats (MAE 35). The
Tunisian authorities pointed out. that the Ottoman authorities usually
treated Tunisians as Ottoman subjects when theycame to Tripoline ports
and that there waç no reason forthis to change. Ottoman ships coming
intothe ports ofTunisiaweretreated in exactly the same wayas anyother
foreign boat. Their interests in Tunisia were under the control of the
Greek consul, since there was no Ottoman consul. Trade was extremely
limited, with only ten vesselscoming to Tunisia in 1898.
198. Once ltaly had taken over control of the Tripoline littoral, the
situation began to change. In 1913, there was the affair of the Greek
fishermenarrested and tried at Zouara in September. This case aroused
noimrnediateinterest inTunisia,since idid not involveTunisiannationals
or Frenchmen and did not appear to haveoccurred inTunisian territorial
waters. However,the French authorities decided that the case did raise
questions of general practice, particularly over whether or not Italy had
the right toxerciçefishingcontroloverareas outsidethe Tripolineterrito-
rial waters. The issuebecameeven moreacute whenthe French realized
that the Greek boats arrested had Tunisian fishing licencesand that the
Italians apparently wanted to force fishermenin the border region to take
out ltalian fishing licencesand seIl their produce to an Italian sponge
Company (MAE 36, 37 and 38).
199. The French then realized that the ltalian authorities in Zouara
were usinga north/northeast extensionof the 1910 land border to define
the sea-lirnitsbetween Tunis and Tripolitania (MAE 30). As far as the
three-mile limit to territorial waters wasconcerned,the Italians were also
using preciselythe same arguments as Italian fishermen had been forced
to accept by France inthe 1890s. Asa result, Francedid not feelthat she
couldpush the issue veryfar. Luckily,at this precisemoment,the British
Government, alarmed at the implications of Italian actions for Maltese
fishermen, decidedto protest. France was delighted to hang on British
coat-tails (MAE 39 to 43). The issueneverseemsto have beensatisfac-
torily resolved,the FirstWorld Warintervening.124 CONTINENTAL SHELF 1471
200. The following year, the ltalian border patrols trapped several
lccal boats fromZarzis which hadrun for cover from bad weather into the
Tripoline port of Faroua. The boats were seized and the fishermen
obliged to pay 200 francs to redeem them (MAE 44). There seems to
have been some confusion over whether the-boats were caught at sea or
seized inport (MAE 46), but there was nodoubt about local ill-feelingat
Zarzis and Djerba over the incident (MAE 47). At the same time France
wondered whether to renew cornplaints about the ltalian sponge purchas-
ing monopofy at Zouara, and the claims for both sidcs were carefiilly
outlined in reports to Paris (MAE 45,48 and 49). However, in July, a
further arrest of two Greek boats intervened (MAE 50) and then, inthe
commencement of the First World War, the matter was forgotten by the
Ministry in Paris. as it turned to rnatters of greater moment.
201. Behind these incidents lay the problem of delimitation of the
maritime frontier. The issue had never been resolvcdwith the Ottoman
Porte or the Pasha inTripoli, nor did it prove possible forFrance to resolve
the matter with Libya's new ruler, Italy.
C. Sovereignty andTerritorialWaters
202. France's representatives in Tunisia foiind thernselves confronted
by two important problems that had never been resolvedby the Govern-
ment of the Bey of Tunis. The first of these related to the extent of
Tunisia's territorial waters and the second to the actual delimitation of
maritime borders. both with Algeria in the north and Tripolitania in the
east. Despite the rnany fishingagreements and treaties made during the
19th Century by the Bey'sGovernment with foreign powers, there never
seems to have been an explicit staternent of the extent of Tunisia's territo-
rial waters.
203. In a note to his colleague at the Quai d'Orsay, the Minister of
Coloniesand the Marine pointedout in 1887that,as far as the 1832treaty
was concerned. there was no statement of territorial lirnit"...mais il me
parait évidentque le Bey de Tunis. par le traite de 24 octobre 1832. a
entendu nous céderl'exploitation de tous les bancs situes en vue des côtes
sans tenir compte deladistance, c'est-à-direlalimitedetrois millesassignée
conventionnellement dans certain cas aux eaux territoriales."
204. The issue ofboundary delimitation had raised its head the previ-
ous year in the Linois incident. At the start of 1886, it was decided to
carry out hydrographic work around the Ras Ajdir area. The relevant
ministries in Paris clearly expected that this would upset the Ottoman
authorities in Tripoli and, on 27 March, the Ministère des Affaires
Etrangères asked the Ministère de la Marine to request the Porte in
Istanbul toensure that its local representatives should not interfere with
the work (MAE 51 and 52). The Porte refused to help (MAE 54).
However, the French authorities did not hesitate to profit from the inci-
dent,since they forced the Ottoman authorities in Tripoli to back down
after their initial threatening moves against the survey vessel. The final[dg) TECHNICAL ANNEXES TO COUNTER-MEMORIAL 125
report on the incidentinOctober 1886notes with satisfaction: "Comme
vous le verrez. ces faits ont amenéla fixation définitivede la frontière
Tunisienne au Mokta" (MAE 54).
205. Inthe same year, the issueof territorial waters came up again, as
a footnote tothe disturbances in the Balkans, wbere the Ottoman Empire
and Greece were at war. The French feared that Greek boats seeking
safety in Tunisian territorial waters from pursuit by Ottoman warships
would not be accorded the normal privilegesof safety. The reason was
that the Ottoman Government did notrecognize the Treaty of Bardo and
thus rejected the idea that Tunisian waters were sovereign to Tunisia,
rather than to the Ottoman provinceof Tunisia. The French authorities
decided that, should such incidents occur, they would remain neu-
tral-hardly adefenceofsovereignty! Luckily,itdoes not appear that the
issue was ever put to the test (MAE 55).
206. The issueofterritorial limits, raised bythe 1832treaty, continued
to exercise the ministerial minds in Paris, anddvice wassought from the
authorities on the spot inlgiers and Tunis. A series of reports from the
French navy in the Mediterranean and from officialsin Algeria and Tuni-
sia argued ttiat a three-mile limit wouldbe inadequate (MAE 56 to 620).
ByNovember 1888,the Tunisian authorities had begun to planout regula-
lionstocover navigation inTunisian waters. In fact, it tooka further nine
years before the relevant decrees were actually issued. Righi up to the
last minute the Paris authorities were agonizing whether or not they
should mention specificterritorial limits to Tunisia" territorial waters
(MAE 63). Should they "... indiquer à l'art. 1, dans un premier
paragraphe, la zone d'eaux territorialesà laquelle s'applique la régle-
mentation ..."?
207. The RésidentGénéralin Tunis had no doubts. In July 1897,he
wrote:
"11serait particuliZrementdangereux de parler dans ledécretsur la
pêchede la délimitationdes eaux territoriales. Ce serait remettre
en discussion la question des bancs tunisiens où s'exercela pèche
des épongeset qui s'étendentà une trentaine de milles au large de
la cbte, c'est-à-dire bienau-delàe tout ce qu'onpourrait indiquer
commelimite des eaux territoriales, IIest en effetadmisgénérale-
ment qu'elles finissentàtrois millesau largede la bassemer. Dans
toutes les instructions données aux garde-pêche,ona toujours
soigneusementévité de parier de la limite des eaux territoriales et il
convient de ne pas départir de cette prudente réserve."
208. The rernainirigproblem was the actual location of the maritime
border offRas Ajdir. The dispute here was very simple. In the "Instruc-
tions" that the French authorities adopted in December 1904,the border
was to be considered to be a line running northeast from the shore at Ras
Ajdir to the 50 rnetre isobath. The Italians, in the 1913 court case at
Zouara, clearly considered it to be a line running north/northeast from
Ras Ajdir. The Ministère des Affaires Etrangères commented on the CONTINENTAL SHELF 1491
implications of this in a letter to the Résident-Généralin Tunis on 2
February 1914. Although the Ministry officialsaccepted that they could
not cornplain about Italian practice of controlling sponge banks beyond
the three-mile limit (ai;formally laid down inthe Instructions for Surveil-
lance of Maritime Fishing in 1919by the Government of Tripolitania and
Cyrenaica), since this merely repeated French practice, they were not so
sure about the Italian practice on the location of the border (MAE 64).
209. The officials pointed ou1 that there was a difference of 23"
between the two lines and that this meant that French vesselscould no
longer take advantage of the sheltered anchorage at Ras Ajdir in times of
bad weather. However, they wenton to state that, although it was desir-
able that ltaly should accept the French claim over the border delimita-
tion, it was not vital. Tunis. in reply, pointed out that Tunisia had never
had to make a formal claim over the border before and that it had first
appeared on an ofiîcalmap, issued to French fisheryprotection vessels,on
22 June 1903. The rnatter had only been mentioned once to ltaly offi-
cially,il appeared, in connection with the French arrest of Italian and
Greek fishingvesselson 8 November 1910. At that tirne, !taly had not
reacted (MAE 65).
210. The interesting point is that, in their 1919regulations. the Italian
authorities inTripoli clearly wanted toavoid friction overthe border issue,
since they decreed a zone between Ras Ajdir and Ras Makabez and
running north/northeast from these two points where, although al1rights
were reserved, seizures of offending vessels would not occur. Itseems
therefore that both European governments were anxious not tocorne to a
confrontation over the issue and it was never clearly resolved. In fact,
each government maintained up to 1940its own particular visionof what
the maritime border should be and neither wasprepared to be rulcd by the
unilateral actions of the other. Little that has occurred since seems to
have altered that situat.ion.
D. The Italian Blockade in 1912
211. The Tunisian Mernoire States that the Tunisian-Libyan maritime
frontier is:
"...déjàinternationalement établieet consacrée parla législation
tunisienne sur la pêche,de façon continue depuis 1904. La ligne
qui la réprésente, diteZV-45". part de la frontièreterrestre tuniso-
libyenne à Ras Ajdir et s'oriente suivant une direction nord-est a
45 degréspour rejoindre l'isobathe de 50 mètres."
However. thisboundary was not recognizedby the Italian navy during the
invasion of Tripolitania in 1912. An order was transmitted to vessels
operating in waters offthe Tunisian/Libyan frontier area no; to impinge
on Tunisian territorial waters, which meant that "boats must not go West1501 TECHNICAL ANNEXES TO COUNTER-MEMORlAL 127
of the boundaries established at Cape Ajadir" (AMDM. 1). This implies
a directly north/south boundary. Similar information iscontained in the
British Records (PRO 14).
212. Of course. behindal1these obscure disputes over precise locations
of maritime boundaries and limits of territorial waters lay very real con-
siderritions. Thc sezs of the southetn Mediterranean are very rich in
ediblc fisand, off the Tunisian and Libyan coasts. are large spongebanks.
lndeed, the Tunisian Memoire makes the economic importance of those
maritime rcsources a central point of ils argument. As has been shown
earlicr (Section 3) itsclaims are not foundedon historical fact, for fishing
has generally had a far lrss important role to play in the local economy
than itsuggests. This was also the case in classical times.
213. Classical references to fishing secm to be limited to just four
examples. An early Greek mariner's manual mentions a site called
Tarichiae ("the Saltings"), one day's sailing east of Djerba and which
probably refers to the salting of fish at El Biban. also mentioned by the
First Century AD geographer. Strabo (Muller 1885: 1.87). Strabo tells
how the inhabitants of Gabes used to rush out to catch the.fish onthe tide.
The Roman natural historian, Pliny, records the catching of purple shell
fish at Djerba and sponge fishing in the Lesser Syrtis (Pliny: 1X 127,
XXX 1 149). Finally Strabo describes Ras Kapoudia as a look-out point -
for the arriva1 of tunny lish off the Sahel coast (Strabo XVII: 3, 17).
214. There is nojustification for the assertion that al1the settlements
along the Gulf of Gabes-erroneously described as Phoenician
"comptoirs"-either practiced fishingor depended upon itfor their main
sourceof wealth. As we haveseen, the reputation which Emporia had for
prosperity was based upon its land. The very term Emporia, meaning
"trading posts" in Greek. provesthat the sites depended partly upon their
trading activity, much of itgenerated from the deserthinterland in the
shape of preciousstones (e.g., carbuncles. etc.). animals and animal skins.
etc., though doubtless fish was included.
215. The administrativecentre of the fishingand trading aclivity of the
Emporia was located in Tripolitania, especially at Leptis Magna. The
purple dye manufacture of Djerba in the Iater Roman Empire. for
instance, was listed under the heading of the Provincia Tripolitana. Nor
is thisail; ancient ciries. which are-today in modern Libya, practised
fishingon their ownaccount. Thus, for instance, sailing manuals recora
site on the Tripolitanian coast which was also called "The Saltings"
(Greek Tarichia er),abiy ontheSabkhat Tawsrgha. Leptis rnanufac-
tured a salted fish sauce (garum), a staple product of the Roman world.
which was highly thought of, and she exported salted fish. Amphorae
fromLeptis, whichare thought to havecontained this fissauce. havebeen
found al1over the Roman world. The existence of purple fishing from
'SeeFigure No.10.128 CONTINENTAL SHELF [511
Leptis is provedby the considerablequantities of shellsomurex truncu-
lus found in the cement fillingof a Byzantine building on the east side of
the harbour. Pliny also mentions spongefishing in the Greater Syrtis.
216. Evenin the modern period, onceFrance'sProteclorate had been
created, fishingdoes not seemto have playeda major role. Indeed, most
of the fishingwascarried on, not byTunisian fishermen,but by foreigners,
mainly Greeks, Italians and Maltese. France was anxious to develop
Tunisia's potential for fishing, bothas a means of feeding the domestic
population and for satisfying the European market. One recurrent plan
designed to counterbalance foreign fishersand to encourage Tunisian
fisherman by example, was the idea of introducing Breton and other
French fishermen into Tunisia, either on a permanent or seasonal basis.
In 1892theTabarca sardine fisheries were exploitedinhis fashion. How-
ever,the idea neverreallycaught on (MAE 66). The problem was simply
that foreign fisherrnen provided tstrong a cornpetitionand the prospect
of lifein Tunisiadoes not seernto have been veryattractive to the French
fishermen.
217. In the 1890s,it was quite clear that foreign fisherrnen wereto
predominate in the fishingpatterns of Tunisia, particularly overthe ques-
tion of sponge fishing. An 1892 report, dealing with the 1887-1891
period, showed howsponge fishinghad begun in 1887by accident when
major new banks were discovered (MAE 67). Within two years there
were 19Italian and 58Greek boats involvedand by 1890the numbershad
risen to 49 Italian, 115 Greek, 13 "Ottoman", three Tunisian and three
boatsofvariedorigin-a total of 182boats whichlanded 74,236kilograms
of sponges, 59,901 kilogramsof them at Lampedusa and the balance at
Sfax-hardly a recognitionof Tunisiansovereigntyor immemorialrights.
218. In the same year, it was pointed out that in the Gulf of Gabes
although the state was supposedtobenefitto the extent ofone-third ofthe
catch of uncleaned spongesand a quarter of cleaned spongesas dues, the
reality wasthat mostof the catch wassmuggled outbySicilian and Greek
boats to Lampedusa (MAE 68). In fact,there wasnoeffectivelegislation
to control the spongefishingdominated by foreigners or even by native
Tunisians. The foreign predominance is emphasized by the frequency
with whichforeign boats found thernselvesin conflict withthe authorities
in the 1890s. The first major incident occurred on 1I December 1892,
when seven Greek fishing boats raided sponge beds off the Kerkennah
Islands. This was not the first time thatuch raids had occurred, but it
was one of the most serious, because the fishermen compounded their
offenceby firingriflesat local fishermenwhotried to intervene (MAE 69
and 70).
219. On 29 December, the boats in question called in at Sfax for
provisions. They were recognizedand arrested, particularly as, after the
first incidents, French officials,accompanied by the local Greek consul,
had tried toboard vessets,but the consul had refusedto agree (MAE 71
and 72). High-level messages passed betweenParis and Aihens and TECHNICAL ANNEXES TO COUNTER-MEMORIAL 129
eventually the amair was hushed up, with sentences against two of the
Greek captains beingreduced and another two being released (MAE 74-
76).
220. The most striking aspect of the incident was not that eventually
the matter was hushedup at ministerial level,but that France was ço ill-
equipped to deal with the situation. There was no recognized code of
marine practice in Tunisia that she could apply, nor wasone to be devel-
oped for several years. In fact, the files of the Ministèredes Affaires
Etrangères blilge with complaints from Tunis on thts score, particularly
over the lack of any regulations dating from the pre-Protectorate period
(MAE: Tunisia NS 275contains much correspondenceon this subject).
By 1896 the general volume of complaints from local officialsand from
marine surveillance vessels about the lack of organization of off-shore
fishing was considerable(MAE 77). The villains of the piece were, as
usual, Greeks and ltalians and at Sfax local Tunisianand Maltese
fishermen complained to the Contrôleur Civil over Italian poaching.
There were 34 boats from Italy and Sicily, using narrow mesh lines that
were destroying eggs and small fish. Once again, the lack of proper
regulations made it very difficultto act against such boats (MAE 78 and
79).
221. The problem lay in the treaties drawn up between ltaly and
France over fishingin Tunisian and ltalian waters. The main treaty was
that drawn upin 1868whichgave ltalians rights of freeaccess toTunisian
waters, a right repeated bythe 1896treaty-which remained inforceuntil
1940. Both treaties were based on the earlier 1832 Tunisian-French
treaty and France had usedearlier treaties dating back to 1770drawing
up her agreements with ltaly (MAE 80 and 81). The existenceof these
treaty obligations made the French concentrate much more on Italian
misbehaviourthan on incidentsofGreek exploitation,although there were
generally more Greek boats involvedin sponge fishing ( MAE 82). The
French authorities feared that the Italian quasi-monopolyinfishingwoutd
extend frorn Tunisia into Algeria, unless it was checked in time.
222. Eventually, regulations for off-shoreGshingwere publishedon 28
September 1897 inthe OfficialTunisian Journal. The arrest of an Italian
boat,the "Letizia", wasto become a test case under them. She wasseized
outside territorial limits for not having the correct licences. The captain
protested and the case was passed to the ltalian Ministry of Foreign
Affairs (MAE 83 and 84). France rejected the Italian cornplaint for two
basic reasons. First, there were nospongesinside territorial waters in the
Gulf ofGabes (where the incident had occurred). Hence, if France could
legislate over matters pertaining to sponge fishingcfearly such legislation
wouldapply outside territorial lirnits. Second, such legislation wasvalid
because in the 1870 Agreement between Tunisia and France, Italy and
Great Britain, over the Tunisian debt,the income from sponge fishing was
included in Tunisiais assets. Hence Tunisia-and by implication
France-could and did control the sponge banks off the Gulf of Gabes,
even though they lay outside the territorial waters of Tunisia (MAE 83).130 CONTINENTAL SHELF [53]
223. The affair rumbled on from 1900 to 1903, with repeated French
justifications of its claim to control the sponge beds outside Tunisia's
territorial waters(MAE 84 to 91). ItaIy. strangely anxious to appease
her irate neighbour, but perhaps moreconcerned to establish her claims to
the beds on a better international footing, suggested that a delimitation
commission shoutd be set up but the French were reluctant.
224. For several years, the issue was left undisturbed. Italian boats
apparently obtained the necessary licences,or smuggled surreptitiously to
Lampedusa, and the French seernedto have made rioreal effort toextend
their control. The new regulations had certainly reduced the annoyance
caused to Tunisian fisherman and there were no more protests from the
Maltese and Sfaxi, as in 1896.
225. In 1910,the problem erupted again. On 3 September 1910, 50
fishingboats offthe Kerkennah Isleswere inspectedand two were foundto
have no licences for sponge fishing. They were raken to Sfax,where the
captains protested that they had been fishing in international waters,
recognizedas such since 1891. The IWO boats, the Unioneand the Torino,
had been seized 38 nautical miles off Kerkennah and came from Lampe-
dusa. They were fishinginwaters about 37to 50 metres indepth and were
25 kilometres northeast of "buoys 2 and 3" (MAE 95).
226. The Italian ernbassy in Paris became involved and, in an aide-
mémoirein 1911,strongly attacked the French action-it pointed out that
ltaly had never signed any fishing agreement and, "...qu'aussi lesdroits
de propriétéde la Régencede Tunis sur cette partie de mer ne peuvent
trouver un appui quelconque sur un traité international signé par le
Gouvernement du Roi." Al1documents involvedwere unilateral decrees
by the Tunisian administration: " ...actes unilatéraux d'administration
intérieuren'engageant que la partie qui lesa émis,et ne pouvant même
pas, par reconnaissance tacite, constituer un rapportjuridique d'obligation
internationale." (MAE 96).
227. Throughout May 191 1 the accusations and justifications multi-
plied. There were anti-French demonstrations in Lampedusa. The
French Government claimed it was only acting as in the past and as the
Bey'sGovernment had acted from 1832. Further, Italy had not protested,
during the Leiizia case in i899, oron 8 November 1910,when twoltalian
and two Greek boats were seized 18nautical milesoff Ras Ajdir, on a line
N 20" E from Ras Ajdir. Furthermore, the 1896treaty had nowexpired
and France might not renew it if the protests continued, particularly over
an area where even the Beys of Tunis had had recognized rights over
sponges foundoff the Kerkennah Islands and the Gulf of Gabes within the
50 metre isobath. Italy had suggested some time before that the limit
should beset at the 30metre isobath-a proposai that France had rejected
outright (MAE 97 and 98). The Tunisian Government pointed out that
in1875 even the French consul had accepted the rejection of the "high1541 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 131
seas" argument. There was an "...usage immémorial reconnu solennelle-
ment par les puissances européennes" which "...a attribuéà la Tunisie
l'exploitation desbancs situéssur son littoral." evenn theyextended up
to 22 kilometres from thecoast (MAE 100and 101).
228. The matter was finallysettled by a further atternpt at creating an
arbitration commission. The commission never met, although in 1913the
Tunisian Government wanted tolimit discussionto technical matters only,
so that the basic questionof whether or not Tunisia had rights to control
the sponge banks was never to be raised (MAE 102 and 103). The
Italo/Libyan war prevented the matter from being taken any further,
particularly after the Italian Government in Tripolitania began to take
unilateral action against Tunisian fishermen (MAE 104).
F. Conclusion
229. France was anxious to bring offshore fishing offthe Tunisian
coast, under her control, despite the limitations imposedonher freedom of
action by the 1896convention withItaly. As a result once fishingregula-
tions were issuedin 1897,they were enforced, despite Italian objections,
and proposals for arbitrationbetwecn the two countries over the conten-
tious rnatter of sponge beds were never acted upon.
230. Beforethe ltalian occupation, there werenoreal disputes between
Tripolitania and Tunisia, mainly because sea-borne commerce between
the two countries was very limited and because there was little compte-
mentary fishing in each others waters. There were, however, raids on
Biban and the sponge beds by fishermen from Zouara. It was only with
the start of Italian control in Libya that disputes began. To the extent
that the ltalians imitated French practice over controlof sponge fishing
beyond the accepted limit of territorial waters, the French werenable to
protest without calling their own practices into question.
231. The arriva1of the Italiansin Tripoli alîo brought up the question
of the location of the maritime boundary between Tripolitania and Tuni-
sia. The French northeast line wasopposed by the Italians who proposed
a north/no~theast line instead. In fact, the rnatter was neverresolved,
both sides maintaining their positions, but avoidingsituations that would
precipitate the issue.
232. In fact. the claims made by Tunisia in her Memoire over the
importance of fishing to the economy of the Gulf of Gabes region even in
classical tirnes, do not find support in the historical record. Although
fishing was always a complernentary resource, it was dominated by for-
eigners. In fact, until the French occupation in 1881, the fishing and
sponge banks were open toanybody, for the concept of territorial waters
was il!-defined and largely irrelevant. As a result, disputes ovei the
control of fishing were exclusivelya European concern and came to domi-
nate Tunisia's foreign relations only after the Protectorate was installed. CONTINENTAL SHELF
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rrionale(oudMaghreb)avec lesna.ions chrétiennes au Moyen Age. Firmin-
Didot et Cie, Pans, 1886.
Micacchi, R.: La Tripolitaniasot10il dominio dei Caramanli, A. Airoldi,
Editore. Rome.
Mizzi.Giuseppe (Rev.): Caralogueof therecordsofthe OrderofSr.John of
Jerusuleminthe RoyalMalta Library. VolumeXII, Archives 1759-1934a.
Valletta, Malta, 1968.
Monchicault,Charles: L'expéditionespagnolede 1560contrel'îlede Djerba.
E. Leroux. Paris, 1913.
Müller.Car1(ed.): GéographieGraeciMinores. Vol. 1.A. Firmin Didot,
Pans. 1855-56.
Naji, Ahmad Abbas: Die Lündliche Lebensformen und die Agrareniwick-
lung in Tripolitanien. lm Selbstverlag des Geographischen Instituts der
Universitat, Heft25, Heidelberger Geographische Arbeiten, Heidelberg,
1969.
Nasalli Rocca di Corneliano, Emilio: Un'impresodelle Galeredi Malta a
Tripoliin una relazionecontemporanea(1634).Archivio storico di Malta,
Valletta, Malta, 1937.
Neuville. D.: Etat sommaire des archives de la marine antérieures à la
Révolufion.L. Baudoin, Paris, 1893.
Naval Intelligence Division :Handbook on Tripolitania.Tripoli, 1947.
Pliny:NaruralHistory. Vol.V,Vol.XXXI.Vol.IX,LoebClassicalLibrary,
Heinemann, Harvard.
Pitcher,D.E.: An Historicul Geography of the Ottoman Empire. Brill,
Leyden, 1971.
Poncet,Jean: La colonisationerI'agriculrureeuropéennesen Tunisiedepuis
, 1881. Erude de géographiehistorique et économique. Mouton & CO.,
Paris, 1962.
Qatamanlis: Treaty with Austria-Hungary 1749. Clause III.
Raymond. André andPoncet, Jean: La Tunisie. Que sais-je? Presses uni-
versitairede France, Paris, 1961.
Reynolds. Joyce (ed.):Libynn Srudi~s.London, 1976.
Rossi.Ettore: "11dominio dei cavalieri di Malta a Tripoli (1530-1551)ei[ssl TECHNICALANNEXESTO COUNTER-MEMORIAL 135
rapporti dell'ordine con Tripoli nei secoli seguenti(1551 -1798)",Archi-
vumMefilense(Journalof the MolruHistoricalandScienr$c Society),Vol.
VI, No. 2, 1924.
Rouard de Card. Edgar: Lu Turquieet ieprorectoraifrancais en Tunisie.
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Runciman, Steven: A HisroryoljrheCrusades.Vol. II - The Kingdom oj
Jerusaleni undthe Frunkish Easr, 1100-1187. Penguin, London, 1952.
Servicedes A ffaireçindigènes:Historiquedel'annexedesAfJuiresindigènes
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ServicedesAffairesindigènes:Historiquedel'annexedesAfiires indigènes
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ServicedesAffairesindigènes:Historiquedel'annexedesANairesindigènes
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ServicedesAffairesindigènes: Historiquedel'Annexedesaflairesindigènes
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Strabo. Vol. XVIII,Loeb Classical Library, Heinemann, Harvard.
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MissTully: Narrariveofa !enyear 'residenceai TripoliinAfrica;from the
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L'Univers: "Histoire et description de tous les peuples: Algérie,Etats
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Valensi. Lucette: Fellahs tunisiens: L'économie rurae lt la vie des cam-
pagnes aux XVlll~ e! XIXe siècles.Mouton. Paris, 1977.
Vivian. W.:Tmisia and the Modern Barbuq Pirares.C. Arthur Pearson,
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Whittaker. C.R. :The WesternPhoenicians:colonisarionand assimilation.
Cambridge Philological Society.Cambridge. 1974.
Whittaker. C.R.: "Carthaginian Imperialism in the fifth and fourth cen-
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the Ancieni World.Cambridge, 1978.
Zaccone. P. F.: Noies sur fa Régencede Tunis. Tanera, Paris, 1875.136 CONTINENTAL SHELF
Archives-Brirain
Public Records Office,Kew PRO
FO 161/10 1
FO 335/93/4/24-2 2
FO 83/2384 3
FO 102/91 4
FO 335/108/4 No.6 5
FO 102/56 6
FO 102/91 7
FO 339/108 8
FO 335/93/4/24-1 9
FO 161/9 1O
FO 101/86 11
FO 951519 12
ADM 1/433 13
ADM 116/1153 14
Archives-Malra
Knights ofSr.Johnof Jerusulemal Malra, Valetta AOM
Marine -Volume 1768
K. 109-113~
K. 176-178~
ff241-242r
Volume 1769
8.3-4
Volume 176s
ff. 235-240
ff.263 267
Volume 1769
ff. 5-7v
Volume 1771
K. 129~-132
ff .32-133
ff .33-134
Corrispondenza
Volume 1496
15.10.1737to Bej di Tunisi
25.11.1737 to Bej di Tunisi
17.11.1737 to Bejdi Tunisi
19.6.1737toBej di Tunisi
Volume 1490
4.4.1729 to MehmetBasciadi Tripoli di Barba
4.4.1729to Mehmet Bey Zerches
28.5.1729ta Ali Bey di Tripolo
7.6.1729 to Bejdi Tripoli
23.6.1729 to Bej di Tripoli
Volume 1487 TECHNIC ANEXES TOCOUNTER-MEMORIAL 137
5.8.1726to Andrea di VignoloCappuccino 20
5.8.1726to Sig. Bascia Tripoli 21
3.10.1726 to Luca de Parrano Cappuccino 22
3.10.172toMahamedBascia-Tripoli 23
23.10.1726 to Sig. Mahamet Ba-cTripoli 24
Volume1488
17.1727 to Bafsa Carameli Tripoli 25
17.27.17toSig. Bafsa Carameli Tripoli 26
24.3.1727 to Sig. Carameli Bafsa Tripoli 27
29.10.1727 to Sig. Hamet Bafsa Carameli 28
Volume 1469
21.10.1737to Bejdi Tunisi 29
Archives-Fronce
Service Historique de l'ArméTerreV,incennes SHAT
Cartonscansulted:
2H 1-Tunisie, Documents de 18301881
2H3 -Tunisie, Renseignementset Rappo1878 avril 1888
2H6 -Tunisie, Reconnaissanceset Rappo1885-888
2H23 -Tunisie, Organisation génédu Protector1881-
1900
2H32 -Tunisie, EMA Section d'Afrique: Organisation du
Sud
2H34 -TunisieEMA Section d'Afrique: Italieen Tri-
politaine
2H36 -Tunisie. Itinéraires
2H52- Tunisie, EMA Section d'Afrique;Tripolitaine
2H53 -Tunisie, EMA Section d'Afrique:Tripolitaine
2H54- Tunisie, EMA Section d'Afrique:Tripolitaine 1908-
16
2H55 -Tunisie, EMA Section d'Afrique:Tripolitaine
References:
2H 1 Dossier 1 1
2H 1 Dossier1 2
23-136Dossie1 3
2H28 Dossier1 4
2H40 Dossier4 5
2H32 Dossier 1 6
2H23 Dossier2 7
2HI Dossier 1 8
2HI Dossier l 9
2H53 Dossier7 1O
2H3 Dossier1 11
2H3 Dossier2 12
2H32 Dossier 1 13
2H52 Dossier2 14
2H52 Dossier 1 15
2H52 Dossier2 16 138 CONTINENTAL SHELF 1611
2H52 Dossier3 17
2H40 Dossier 2 18
2H52 Dossier3 19
2H52 Dossier 2
20
2H32 Dossier I 21
2H52 Dossier3 22
2H52 Dossier3 23
2H54 Dossier3 24
2H55 Dossier I 25
2H32 Dossier I 26
2H6 Dossier32 27
2H32 Dossier I 28
2H32 Dossier1
29
2H32 Dossier1 3O
2H52 Dossier1 31
2H32 Dossier1 32
2H32 Dossier1 33
2H32 Dossier1 34
2H32 Dossier1 35
2H52 Dossier3 36
2H52 Dossier3 37
2H52 Dossier4
38
2H52 Dossier1 39
2H52 Dossier1 40
2H53 Dossier1 41
2H53 Dossier 1 42
2H53 Dossier1 43
2H53 Dossier1 44
2H53 Dossier1 45
2H53 Dossier1
46
2H53 Dossier1 47
2H53 Dossier1 48
2H53 Dossier1 49
2H53 Dossier 5 5O
.- 2H53 Dossier 5 51
2H34 Dossier4 52
MinistèredesAffairesErrangères.Paris MAE
Collections consulted:
Papiers Paul Cambon-Lettres à Jusserand (Cambon)
Afrique7 M.D. Fonds divers (7 M.D.)
Afrique 8 M.D. Fonds divers M.D.)
Afrique 14M.D. Fonds diver( 14M.D.)
Correspondence commercialetpolitique
1897-1916 (NS)
References:
14M.D.
14M.D.[b2j TECHNICAL ANNEXETOCOUNTER-MEMORIAL
14 M.D.
NS 71 (1910)
7 M.D.
8 M.D.
14 M.D.
NS 71 (1910)
NS 71 (1910)
NS 71 (1910)
NS 71 (!910)
NS 71 (1910)
NS 71 (1910)
Cambon-volume 18(12.4.1886)
Cambon-volume 18 (26.4.1886)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 42 (1891-1893)
NS 70 (1910)
NS 70 (1910)
NS 70 (1910)
NS 71 (1910)
NS 71 (1910)
NS 71 (1910)
NS 71 (1910)
NS 71 (1910)
NS 71 (1910)
NS 276 (1890-1893)
NS 278 (1898-1902)
NS 280 (191 1-1916)
NS 280 (191 1-1916)
NS 280 (191 1-1916)
NS 280 (1961-1916)
NS 280 (191 1-1916)
NS 280 (1911-1916)
NS 280 (191 1-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 280 (1911-1916)
NS 274 (1883-1890)140 CONTINENTALSHELF[641 TECHNICAL ANNEXES ToCouNTER-MEMoRIAL 141
NS 280 (191 1-1916) 104
Service Historiqude la Marine - Vincennes SHM
SérieB7 Commerce de Levantel Barbarie (1564-1755)
Volume 49
p.6 14.6.1591
Volume61
f.449~ 18.6.1692
f.452~25.6.1692
f.4549.7.1692
f.498 19.11.1692
r.564~13.5.1692
F.569 20.5.1693
f.572~3.6.1693
f.587 15.7.1693
f.5871 ~5.7.169
Volume64
f,216v 8.8.1696
f.377 17.4.1697
Archives- Tunisiu
NuiionalArchives,Durel-Bey, Tunis TA
Carton233, Dossier 547 1
Carton232, Dossier.448,documents57, 77 2
Carton232. Dossier448, document 104 3
Register166 4
ArchiviodelMinisterodellu Dyesu dellu Marina,Rome AMDM
Fiie 271/4 NavigliStato Maggioreto Commandodella
Divisioned'instruzione6.7.1912 1
Archiviodel MinisterdegliAfluri Esteri,Rome AME
Archiviodel SoppressoMinisterodell'AfricaItalianaFasc.
101/1-5
ConsulTunis toMinisteroRome 7.8.1894 I
Blanc to Lanza(Berlin)28.6.1894 2
Catalani(Constantinople)toBlanc 11.2.1895 3 CONTINENTAL SHELF
Annex 7
DISCRIPT~O OF PROJECTIO NSD BASEMAPS USED INTHE COUNTER-
MEMORIAL
by
Scorr B. EDMONDS*
Directorof CartographicServices
Universityof Maryland Baltime ounty
Washington.D.C., 1980
B.A.Universityof MarylandBalCounty; M.AUniversof Maryland,
CollegePark. TECHNICAL ANNEXES TO COUNTER-MEMORIAL
SELECTlONOF PROJECTIONS USED IN
THECOUNTER-MEMORIAL
Whenever cartographers set out to project the surface of theearth ont0
a flatsurface, there is always somedegree of stretching or tearing of the
spherical surface. With this stretching, distortions in direction,distance,
area, and shape will occur. Any projection will usually maintain one or
two of these properties with some degree of accuracy, butitwillsacrifice
olher properties. The selection of projections is generally based on the
properties of the earth that are most important to maintain. No projec-
tion can accurately maintain al1of these properties.
Often the availability of projections showing the desired area at the
correct scale presents a problem. Today, the rnost accurate projections
available are obtained from the Cartographie Automatic Mappjng Pro-
gram ("CAM")', utilizing World Data Bank II ("WDB II")'inforrna-
tion. This program provides cartographers with a variety of useful
projections at scales ranging from approximately 1:3,000,0t0 o0
1:l0,000,00 Th.e coastlines and political boundaries of the world were
digitized onto magnetic tapes at a scale of approxirnately 1:3.000.00d0
can be retrieved at a desired scaleand ona number ofdifferent projections.
The computer autornatically alters the coastlines and political boundaries
to fit the projection. With this source of data available we need only
definethe coordinates of the study area and select the property of theearth
which is most important to maintain.
In terms of plotting bearings or direction at sea, the projection best
suited to perform this function isthe mercator projectioOn this projec-
tion rhumb lines or lines of constant compass direction are plotted as
straight lines. The rnercator projection is a mathematical derivative of
the cylindrical slereographic projectio-All lines of longitude are shown
as evenly spaced parallel lines and at right angles to the lines of latitude,
which are also parallet but increase in spacing towards the poles. The
only area on a mercator projection which accurately illustrates distances
(correct scale) is along the cquator or where the cylinder was tangent to
the globe. Since the study area lies between 30°N and 38"N there is a
slight amount of north-south stretching, thus creating some distortion in
distances or scale (see next page). The distortion in scalc, when put in
quan~itative terms, is called scale factor. The scale factor can be calcu-
lated at any line of latitude by using the following formula:
denominalor of the principal scte
SF= enominator of the actual scale
'SeeAppendix1.
SeeAppendix 2.144 CONTINENTAL SHELF Pl
A scale factor o3wouldmean that the actuaI scaleis3 times larger than
the principal scale or the stated scale of the mThe scale factor of a
rnercator projectiont the equator is 1.0representing unity between the
actual and the principal scales,at 30°N it1.15 and at 3S0N it is1.27.
Ifthe principal scale of a mawas 1:lL,000,000 at the equator then the
scale of themap at 30°N wouid be
1L,000,000=1:9,565,217andat 38ON
i.15
it would be11,000,000=1:8,661,417.
1.27
A scale of 1:9,565,217 aslarger scale than 1:11,000,000which means
that areas distant fromthe linof tangency are shown larger than their
actual relative size on the earthHence, this projection isl1suitedto
show areas and distances accurately.
Another projection, similiar to the mercator, is the equirectangular.
On a equirectangular projection the increasinglyrectangular shofthe
grid cellofthe mercator projectionisshownas squares (see Appendix 1).
With the equirectangular projection there are negligibleamounts of dis-
tortion in area and direction.
The mercator and the equirectangular projections are both conforma1
projections meaninglinesoflatitude crosslinof longitudeat right angles
as on a globe. The property of conformalityeans that even though the
relative sizes of the landmasses may be distorted the shape of the land-
masses is maintained.
The followingprojections were receivedfrom the CAM prograrn:
1. Mercator Projection
Scaleaccurate at 34"N 1:7,028,600
Coverage: North 45"N East 40°E
South 23"N West 30°W
Image size: 13.5"X 36'
2. Mercator Projection
Scaleaccurateat 34"N 13,006,000
Coverage: North 40°N East 17"E
South 2S0N West 7"W
Image size: 17.5'X 29"
3. Equirectangular Projection ,
Scale accurate at 34ON 1:4,149,000
Coverage: North 40"N East 27"E
South Ig0N West iOoW 145
141 TEcHNrcAL ANNEXES To CouNTER-MEMoRIAL
From these projections the following maps have been drafted and
appearin the Counter-Mernorial':
A. Norrh Africa,equirectangular projection.
B. Libya/Tunisia, equirectangular projection.
C. Basir niup ofstirdy orea. mercalor projection.
Thesouthernpoliticalboundaryof LibyMops 1.2.3 and16of theCountcr-Mernorial
hasbeentakenfromtheNational Alias oJthe Socialist People> LibyanArab Jamahiriya.
firsicdition, Tripoli,1978. Inaccowiiart.50, para.2oftheRulcsof Court.acopy
of thatatlawasperviouslydepositcdwith the Registrar. CONTINENTALSHELF
CAM
PREFACE
tbt CutopiphiAiiinnitIli- (CAM)hqpm b tbaitpit d AVfOMAP.m
rutmmtk rmppingVem drrrbpd by theCentratiteilfsmAyncy. CAM h ui IBM
System/SûF&nn Ha C ud ArrmblyLuipycCode(fus nrhratil-am whlchpcifoimr
i~deutopiphiEhmaianfbtpmpim~~tbnchmttlonr0iuiymodd;~~~
pro- ud b eî-up topnrnpbicorn& fmCdwmp 1136Caild-tic. Ve-
.kehoaiU~CtrbcrdnrmdCabtrbibtdpb'l&~dthrpogrmbÿioduhrmrht
rdditidmippro~ribarilirabmdtieeaymbol&hhrufaufonn*kmbrailfnafa
der futureanddiffutnplottdtwut an k ddtd Tbt yrtemoperitcondctrbcDM
Systmi/$€o.a370OpriUn;Syncm iduilli+ippco~tcfSOOkbytmd,mt rionsAn keOO
potntIVorldrirrübladudcmd tkCAM tap. World Dhka 1(inpurrk 1:12,O(Xi)d0Q
World DatiBrnLil(ivtraghpuirile1:3.[i00.ut0initrbwpritdy Imm theNd
Tcchnld Infmmrth Suvlec. U.S Dcprtmcdt-ΠCarcctbm ud mgsikm m
wtlmme and ibouldbtrnt 0 (btCl& OIfla d uid&togrrphicRnairh
WashingtoD.C PLWI5.
7àe~fadbbi~durdmipprojeuiat~B~r~y1ag
diads~tbc~t~aridlltirighLbemoppcllt~,iachilcbroaa-
ao bc &c4 wh u spd dkbce theanta (AzimuthlEpuI-
distant). +dm= (hum --ka). ddity (Stmogrtphic),
ippaniwa d -g bom rpia (-phlc and Pmptctke), d gat
d& awhuc m Lbcmp wtcd by sfnighlirm (Cnmonic). Chumn~
~himduimuthnlprolect(olrtueoPmetuLmuthrtoiadbtbsomta.
(rhlch mi bu butal ugwbat) ad qmmwrid àeforrm~ba 147
[SI TECHNICALANNEXESTO COUNTER-MEMORIAL
Ihiiprojrdloshivmtsdbykmkrtbbestnrftsdto~emip
d umtibmuI utu m bmJsphaer,'Lbcsgddeot propatyb W y
hhuble fa drpiaingdishibutiorsw*nirkigddid srtrrFlpre 7 fi
mitued ooYlni)i.1~~85, 1S916'Eb~m-te tbedue d Lhiipmjdoa
b mrpplig mas t&t atmd omsiderabledirtrncaim9 dlatloa *be
*dmuthrfrwitbecmtapoiatrbow~chrna~alranmant0d~
~ufmutbsueoarat~tbtcmtuind~t~~
tbcoeiipointuc @ut etreta.
HLPl.IUAA
rrnQAmu m.
ETPOT 4$5,Sas.
MAPBOUNO ULmdrndm.
YAPSAL tdl
nULW -7.
SAVE
-Capa
SAVE
1 LLL~~ONEPU'IE.~~
1OFmsnrréw. EQUAL AREA
-us -us
t CUID
C ID nisssaa*-ma.
I aeLE
harrrri icd31.10~~4.
SAVE
WCiE -ISJbP..Ul,l.
2 COAST
rrxrrr 1wuw~4.
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mzPT 0s
bOUNIn
SAVEmn 114,0LtOJ&~
UNEPT 11s.
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I MRNHR148 CONTINENTAL SHELF [IO-111
C CYLINDRICAL PROJECnONS
h th-, th &SS ofprowonr ir obtrfneby nripping r ylindrround
sphere.Deformationhausa iwiy fmm the lines of tangcncy otnter-
Rction. inCAM tbur ue twodomid projections,the Mautor anTnns-
varc Mercator,andhvo compromistprojectiontbc Equirsduiguiuuid the
MiiitrThe VTM ir mtmprojecikmbut rgridryrtemrnd irhiciudcbut be
ciused itsvideusage.
EQUIRECTANGULAR
TheEqukeftragulu Projsetion.ohedared toas tbe pluie chut,b
produccd by vacimgtbc merib andprrallelsatvariou ratios. 1t is mort
used for luge-de mnps,ruchascityplam. dtbough mc~itapplicatiohave
includcdmisll--leweriaysbn ~patidyorderecdornputu -tout. Ln Figure
18.the mcridiuir mdparalteut tqdly rpp4 one in& equnllintm dt
grm. Hmd plottinova th typeof mop t vay ary.
PLOTTER 14f.~l.lO.14,4.
REffAN
IZTPM *,a.
MAPBOUXD tO,70,-105,~.
mrrM W.
LAVE
mu cesps
SAVE
D 11a14ONE PUTE OOMPOiSITE
EOF
i EQVIRECïANCVIAA
-3. -L75
LCWD 10..10..3S.S~,70,-iPJ-45.
PLOlXR 14.B.Jl.10 .,l..&..l.
SAVE
BOX 15,-95-Iis
FiDïER 14J7.01,10.1d~4.
SAVE
UKEm ô.S
t ROUND5
PLDïiER 14~.,.0L10,1~4.
SAVE
UNEPï II*
CENTER ANDWRNER ncrs
EOïïER 14~1.10,1~.J.
LAYE(12-131 TECHNICAL ANNEXTO COUNTER-MEMORIAL 149
MERCATOR
Thespiicngd p.nllcon thMyrtatcr Roiectincrcirei pmpmsivcly
pkmd fmmtk sgmtoria wrythanuk hc projectiondmd, ir,by
berruIngtbeN&butb de tomdy mtcb tbt Eui-Watrrlcatavay
Mtude. Thi rdty nrurrtht inyWgbt b 0 the Muuta Ao
Wbes 8 mpirt aiuneaï JhUllb. 6fDa fti w m k
m. thiuçdulpojecciŒbu bmi mployedtzl mrodel foiuvlgitkm
rbutrurdspu.toniiutu.Tbatrrcrrbaddkiwuetbu~duai
ut -)y cri~uitd itktitudgrata th W. Figure10oenter msd
WishiagtonD.C.bu 4putW trrigrfnganduimutovu~Iiy plm rhumb
he bawsm tbtmitu and Rylciiv3k IcekNoteth differcabchvsni
tbeNmdidmu~whicbtitbctbortest~Œbaweentwopoints (pt
dick).rridtbe~trbumbk,whiEbtiawprsr~hteroria
mvc mddiw rtaQlÿistint
MERCAT QlCIPU0&4-
YAPBOUND -u4im2.
- ses,*na
-AL 100004000.
XrUM a5,7*
MVE
UVE u.4u
1 11r14ONERATECO~
rnF
1 MERCATOR
L18 GRID.BûX mDOûA5i
LCRID ~S,~~.PSS,-WAO,-~~~.
P m Jl..ô.,.ûLlO,tk4.
SAVE
BOX aa,-nu~aw
PLQTfER I4,,3..ûl.IOJI,C
mElT kt
SF'LAtG
I WUNDS
m n 1~1.10.1~4.
LAVE
mmN.&PT11s
1 AZIMüTHS. CE RWCSAND RHUMB LINE
ma iu.ai,io,im.
&tvE
BODE Ss,Sa...-77S~.~.,~I 2 - v
UmmX'CE74.,-n~~-1~3#K,~-
-
-
*
8RARmilb
m 14.&31.mL8."4-
lAYE
a.rmmTK
LIUW
P CONTINENTAL SHELF 114-151
TRANSVERS MEERCATOR
7Ms ~jcctlon,anadipiioaofthe Mricitorusa r meridiuintha than
tbe Eguitofortbt lineome lcal~ AU of the confornialtclntionrhtheof
Mercator,aEcpttberhumb LUiepropcrtyarcmtnlncdinthe Tmsverse Mer-
ator. It i8mpaia projeaion fori 15 to80 degrcebandceateredon b
0p1biImeridiriibutaccpt foritidaptionlnthe Unimd Tmaw Ma-
citargridryrtcm,fthsrudybteawed
'Zb&ter d the Œnta pointofthecait~il muidinrithi rmim
ofCAM ue04N.andO0EB . yincluditbeequitibiufoundonpages6and7 of
Confd PtofeaionstnCcodcry od CarlogrophbyPaul D.Tbomlrt,tk
T~U~SVQ K mtor Projectionanbe amvatcd into an ObliquMercator
Rojocîioraatd on iay grutdrde othu thiatbe Eqpatorori meridian.
ln the pasmcb mapswere employcùforair navigatioIhe figureoppbsite
tmploys theTmrvcïst MercatorProjectionto fflust~atemlationshipof
NortbAm& toAU. via theÇwth hic,
P ~ R ~LL,III.IO.I,~,I.
mERm O.
CImPoT 0.AQ.
MAPSAL U-.
MAPBOUND -.û-.B,*l6D.,$.
mLIM m.7.
SAVE
O PUrrONll~Yl4
1 8 PLATES
mLIM WldS
SAVE -
PLmmR 14~1,lO.ld,4.
SAVE
Box 0.,"-eD..",es,1.85
PLoïïER 14.~I,lO,l.7~.
SAVE
LCRlD lS.,IS~.,~d~.O,-l60~0.
UNEPT be
SPLATE
cmmT 03.
HAPBOLRc'V h9~.8,"0-~89.
SAVE
PLOTTER1~1.10,1,7,4.
BoxE o,oo,w.1.W?
PiDiïEI llMl,lû.l,7..4.
SAVE
WRtD IJ,IS~Ab06d0.u'I11m.
UhEPi k$
WUTE1i6-18] TECHNICALANNEXES TO COUNTER-MEMORIAL 151
APPKNDIX2
WDBIICEKERALUSERSGUIDE
H'otldData 8unk ifirdividtinto5 individuaireu
fup 1- Nnrth Arn~rira
Filr1.CIL (mstlinr. ~rlonds.ind Inter)
2.RI\' (rlv~r5)
3. BDI' (international bounda1irs
4.PM (intern~l kiundarier)
Tapc 2 - &uth Amcrica
File 1. CIL
4. RI\'
3.801'
T4p 3 - Europr
File1. CIL
2. RlV
S. BDY
Tape 4 - Africe
File 1. (:Il.
2. RlV
S. BDY
Tqw 5 - Asiï
File 1. CIL
2. RIV
3. BDY152 CONTINENTALSHELF
C~SSIFICATIOS/RAN Guide.The dita hrnkhis a mnk r~aiited 4th esch
bnt.CAM. lotnimplt. hrsnpttansfor pbting iny il1nnks andthe mnk canbr
~mbo!ized.
1. Irtrmationalboundarlrr or limits of mvmignty
01 Drmatated or detirnitrd
01 lndcfinite or in disputr
Cû Mhcr Une of ceparationoripmcignty an knd
II. Thart. blonds.and bkrr
01 hst. irlandr.irid Iikrr.ih~ippnt on aIImapr
M Additionalmajor idvnds ind 1ike
03 Intrmrdiotc jslandsand lnkcs
131 Minrit hlandr and bkts
Intrmittrntmajor lakrr
Uï Irii.t-rrnittvntm1.iki.s
OH Rwh
OH Sïh ~w~~+~tuj~tt
10 Siih pns-mincir
13 lm shrlvn-maior
li Ir? sh~lvccrniniir
15 CIar5rrb
Ill.Rivrn
01 Petminent major rivm
û2 Additional majnr rivtrr
&3 Additionil riven
CU Minm rlvm
05 Douhle-lintddvcn
LX Inlemittent rivers-mrjm
07 Intermittent dvm-idditirna!
08 Intemittent rlvcrs-mlnor
10 MiPr riruls
11 Canal, of kurr jmpartinm
12 Gnals-irrigation typc
IV. lntcmal boundPrie
01 Fini d.er admin[20-211 TECHNICALANNEXESTO COUNTER-MEMORIAL 153
NTlS niirnh kirCAM. CAM D<mimcnta~liin,nnIf'DRIIarru 1throiig5
WDBII
tipr 1. NorthAmrrico ...........................CiA!DF-ff/001
Tapr P.buth Amtrica. ...........................GIA/DF-TI/OM
fOpe S. Eump .................................CJ,â/DF-Z/iX)3
Tip 4. Africi..................................CIA/DF-77/004
Tip S. A~li ....................................CIA.IDF-n/aEi
CAM hogram. 5th Edition.......................:. .CIA/DF-n/lX%
CAM Documrntition. 5th Edition.....................CIA/DF-7;/006A
Hfmld &ta Rank ft(\rnnRIlws dwtizrd and
riritcd tn antattilrthat firlfiihf mopl>ing
wquircmrnir of flic Cintrai Inft//i~nee &W.
Thctr nvrhods moy no1 nrcrmdly mtitJiI thr
ntedsof orhcr ucm.
CIA dortmoi haoc wmmi CO Pdc cprdnl
pmgmmniing: in cliatt~rto mtirlq~hr q~rfal
nrcdroj orlierMn. CONTINENTAL SHELF
Annes 8
1stGeometricaiMethod
Que/ querait tepofappartenanB /a
biis~tricok/'ar>AFB. sesdistancerdcfde
aux deux côte1c'esti dire les longueursdes
wint kales.airesmen& de d FAet FB l
Cetre.propri4eut s'exprimer autrement :
& lorptiibnpoinvtotnèeeFe.nusivtlaeistactrice,
m€me distancparrapporB chacune desdeux cdtes
Po;nl quiso rrouvent vis-P-vis.
~ioniiaFi /'da
COMMENTARY (Figure 9.03)
Thisis unexceptionableasa proposition. Itmakes thepointoutlinedin
PartIII,ChapterIIof the LibyanCounter-Mernorial that, wita h right-
angledCoast,the coaststo eithersideof theangle mustsharetheareaof
thosecoasts. They cannoteach havetheir full "natural prolongation". Quebquemient /espoints :
a apmrtenaniBla façade A
b eppwrenanrB.bfaçadeB,
onpeut dPmonrrerque la bissectrice
de IPnglAF6 d4mupe le xgment ab
endeuxlongueursproportionnelles
aux longueursdes&es fa et Fb :
-= -= Fa Cdte ErarA depuis/a fmntiPrc iusqu'aupoint a
fb Fb Cdte Etai B depuisla frontièrejusqu'au point b
PoiptF
Frontinin
B
COMiMENTARY (Figure 9.04)
This application immediately raises the questions:
1. On what basis are points a and b chosen? These are the coastal
frontages and their choice cannot bc arbitrary.
2. For purposes of equitable cornparisonit isthe oreosofthe twotriangles
Far and Fbf that are relevant, Far delimitation is concerned with shelf
areas. Theseareas are determiried by the coastal frontages Fa and Fb.
This isbecause thearea of any triangle equals1/2 base x height. There-
fore,since Faf and Fbf havethe some height,their areas arein the ratioof
thesebases(fa, fb) and these. inturn,are exactly in the ratio ofthe coastal
frontages Fa,Fb. Thus, theselectionof the coastal frontages controls the
whole exercise. On sedr'placdpartidescôtes,parallèlement
Bta biffcccriceF'
La surface revent I'Erar A estd$termin&
par leparal/4logrammFAA'F '.
La surfacerevenantelI'Erat Bestdéterminée
par leparallPlogrammeFBB'F'.
Onpeut dhontrer que cesdeuxsuriacessont
exactementproportionneIlesaux longueursdecdtes
desdeux ErarsA etB :
Surfacerevenani)EtatA - FA
--
Surfacerevemntd Erat B FB
I
COMMENTARY (Figure 9.05)
This has the merit of being concerned with areas but its defects are:
1. The basis for selection of Points A and B is unclear.
2.The outer-limits of the areas are set as lines parallel to the coasts. which
may not in practice be the correct method of delimiting the relevant area.
3. Its invalidity as a general method becornes clear when one assumes a
third State,C, adjacent to B,for itattaches to the coast of State Ban area
which might more justifiably be regarded as belonging to a coast beyond
point B. See below:141 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 157
4. Inshort, the error stemsfrom trying togivethe twotoasts on either side
of the sharp angle (i.e., the Tunisiancoasts north and east of Gabes) two
separate prolongations,instead ofaccepting that they must share the same
shelfarea (as in Figure9.03 above). The onlywaythis can be doneis by
swinging the prolongation of the coast FB across the front of the next
stretch of coast, BC, i.e., by "encroachment".
Festiepoint-fmnriilce entre lesdeuxErre
A etB,et FF1Creprésentde que seraitia le
d'équidisiwnmdcm ccws k figure.Entffct :
1.Jusqu'd F1qvi es~urk bi~e~hiide I'.ngle, rous
/CSpoints dlel4neded4limitation sontplus proches
despoints sur la cdFque dm points sla&te SA.
LacbteSFB Crantrectiligne, ialigne dëqui-
distanceesleperpcndinr8irm F b SB.
2.Aprts f1lulane d'&~idisrrnse confondam
5 b biucctrice de 1'8ngleASB,
Onpeut alors constarerque b surfacerevenant
9 i'Ebr Apourlalongueude &te SF (égaiedans
1%yprhèsc a F1Iesrrrprdsentéepdr
k triahg~sF1F :onmit uu'slk estnotablement
inferiuÏre Bcelle rrwnant; pour Ir m€melongueur
de cdte(FB)4.I'EtatBkffer d'amputation/.
COMMENTARY (Figure 9.06)
This purports to show that, treating the coastal lengths SA and SF
separately, strict equidistance from S (the bisector of the angle ASF)
wouldallocate a quite inequitablearea-SF,F-to the coastSF. But this
ignoresthe inescapable fact that, as in Figure 9.03, the coastal frontages
SF and SA have the same area of prolongation: it must necessarily be
shared. Moreover, ifthe parallelogram methodof Figure 9.05 isapplied,
it shows the overall result is inevitably to favor State A. (See below.)
Thus, the basis for the next proposition9.07, is invalid. bCONTlNENTAL SHELF
/
Adaptationof
Fig. 9.06 by
additionof
Parallelograms TECHNICAL ANNEXES TO COUNTER-MEMORIAL
=/ Y
0 ' /
0 /
0' ' /
d /
/
Da F.point-frontiantmIc seux
/ EtatA et8, ontmw Ijligne de
/ rWlirnitatFDen menantt pmll&h
&lpbissectriceI'angleASBfwmb
' Pr lei~ates.
€&nt rappel6 que1sdistance d'un
piit9 une dzoite dgsqlloqqucur
quel qg ditlepointsetrouvansur
L&ne dedOlimicarioFD sedistancc
A b Cdh SA resteconstamment @le
bsadistanced lacôteFB.majorCe
d'unc.quantit6 invariants ddIrle
distance du point-ffvFd b
&te SA qui hi frit fa@-
On rctpee&m~ainsi. le longde la ligne de dtlimdiffémtce de disrsnrrt
metPrirant faposition dr'pymétriqusdupoint-fmntiéve paux abudtéS deI'onglASB.
C
Cetteproprj* deconservationde distpeuts'exprimer autrem:lhqu~ I'onw
m 1slarpensuinni b ljTded4/imitatiadpertidu point.frontiF,on $'Cloignedmdms
distancparrapport B desdeuxcd* quirctrouwnt en vis-à-vis.
COMMENTARY(Figure 9.07)
This proposition has returned to distances from the coasts. We are
concerned in equity, with areas. If one continues with the method of
parallelograms,soas to producecomparisonsof areas (this has been done
by adding the linesAXY, YD, DZ, ZB and BC to the originalfigure), the
followingconclusionsemerge:
1. By reference ta the areasof the parallelograms, this rnethod favors
State A.
2. This method inefiect shifts the coast of StatA to the line FX, for by
reference to Figure 9.05 the parallelograrn becomes FXYD. Thus, the
area SAXF goes to State A without beingcounted.
3. State B's parallelogram FDZB includesa large area which really
pertains to the coast BC. Thus, since the prolongation of coast SF has
been pushedacross. soas to encroachonthearea infront ofcoast FB,this
coast is"compensated" by havingits prolongationpushedacrossthe front
of coast BC. CONTINENTAL SHELF
F estIpoint-fmnfiérs
atrelesdeux Etari etB.
Quelsque soientlespoints :
aappartenanBla façadeSA
bappartenantB/a façadeFB,
onpeut dhontrer quela ligne
dedélitniration FDiparallèleti
labisseetricel'anglAS8 1
dècoupelesegmentabendeux
longueursproportionnellesaux
longueursdedtes desEtatsA et :
&= -+ Cdte Etat Adepuis/a frontièreiusqu'aupoint a
fb Fb CdteEtat Bdepuis/a Fronti#ejusqu'aupoinr b.
COMMENTARY(Figure 9.08)
As with Figure 9.04, this diagram is concerned with the ratio of the
lengths fa and fb.
In termsofareas, this demonstratesthat State A isfavored,whetherthe
relevant areas are closed by the line afb or, more consistently with the
premise of Figure 9.05, with a parallelogram.
The error liesin the fact that, although FD cuts the fineab in the ratio
of the coastlinesit doesnot followthat the line FD cuts the area Sab into
the ratio of thecoasts, i.e.,
area faSF
areafb~ does not equal coastline of State B
And, inanyevent,the method assumesthat theline aîb correctlylimitsthe
area to be divided. A' Fest le point-fronentr/esdeq Etse A et8
A? eï FF'(.Wf~l/bla bissutriSS'de I'engle ASB
fwmd sr les cdrcs] eligncde délimitation.
I.biucctrie.lacbpsnir desdtes, parsl/e&mBnt
Lessudacesremnant aux tronçdes&tesSA,
SF etFB sont d6terminparlesparallilogrammes :
..
. exacrament propodionnelles
- auxuxntarsrsted:ies des
-
---/
,y 0'
Surfam reionadfEreA = SA+ SF
SurfaceruvertanEtat 8 FE
La mndition nPccssirt et sufpourqu'il ensir sinsi estqueki ligne dedClimimiion FF'
soit prCcisCmenrperBlla bissectSSde rangleASB formCpa/escûrer.
C
FIGURE 9.10 ~ier~162 CONTINENTAL snELF [91
COMMENTARY(Figures 9.09 and 9.10)
These two Figures represent the culmination of the geometrical exer-
cise,and Figure 9.IOshowsits application to the actual area. Itsdefects,
consistent with the whole evolution of the exercise, are the following:
1. The arbitrariness of the selectionof the coast frontages to Ras Mus-
tapha in the north and to Ras Zarrouk in the east.
2. The arbitrariness of defining the shelf area by parallelograms frorn the
coasts.
3.The notional transfer of the Tunisian coast running north from Gabes to
Ras Ajdir, as ifitran north frorn Ras Ajdir.
4. The angling ofthe prolongation ofthe coast SF (Gabes - Ras Ajdir) to
swingacross the coastal frontage FB (Libya) ,compensating FB byswing-
ing its prolongation across the front of the coast further east.
5. When Figure 9.10 is completed (see below) with the parallelograrns,
consistently with Figure 9.09, the resultscan beseenon theattached Map.
They include:
-- shelf area SAA'S'which no1only depends on Tunisian coast already
counted for delimitation with Italy, but includes as ~helfareas parts of
the Tunisian mainland, Italian shelf, and even Sicilian mainland.
-- shetf area for Libya (FF'B'B) is almost entirely an area for delimita-
tion between Libya and Malta. TECHNICAL ANNEXES TO COUNTER-MEMORIAL
2nd Geometrical Method
ETA fT
ETLA T ai;
F esrIpoint-fmntiéenrreXesdeuEtersA etB.
AFB constituel'angled'ouvedeIoecdtB hauteudela frontiére.
Ladte &F de Etat A aunehngi~surdoubledelacbreFB deI'EtaE :
AS + SF r F3~2
Laligndeo'tIimitat!~nobtcnueenuppliqwnrcettemPmepropai~n 2)
d I'angd'ouverrureAFB.
COMMENTARY(Figure 9.1 1)
1.What isthe basis for selectionof pointsA and B? This iscrucial sinceit
determines the lengths of the coastal frontaga.
2. To take the actual lengths ASF is to ignore the Court's insistencethat
one measures a coast ty referenceto a "coastal front", a line of general
direction. To make the pointanother way, to take the actual lengtASF
isto ignorethe fact that the coasts north and eofS (Gabes) must share
the same prolongation or shelf area.
3. This ignores cornparisons ofareas. The line of delimitation depends
entirely onIwo factors:
(i) actual coastal lengths, and
(ii) the angle of the coast of StatB and a line joining the frontier
with the arbitrary point A-Le., no1even the angle of the two
actual coasts.
4.No real justification is given for this second rnethod, and none is
apparent.164 CONTINENTALSHELF 1111
lere Section(Fig.9.12)
SECOND M FHODE GEOMETRIQU :E
2eme Sectio (Fnig. . 13)
COMMENTARY (Figure 9.12)
1.This is tantamount to treating the Tunisian coast as if it ran from EI
Mzeblato Ras Ajdi--or, in other words, ignoringthe entire area to the
west of that line in the cornparison of
2. Whatjustification isthere for usingEl Mzebla? The effectofsodoing
isto notionallyshift theiacoasrunning north to the line Ras Ajdir
-El Mzebla.[12] TECHNICAL ANNEXES TO COUKCER-MEMORTAL 165
COMMENTARY(Figure 9.13)
This second section is defective in that:
1. It embrace; areas off the Tunisian coast already covered by the
ltalian/Tunisian delimitation agreement of 1971,and areas offthe Libyan
coast which are properly the subject of a future delimitation between
Libya and Malta.
2. Theterminalpoini of the lineof delimitation Aouts the method; i.e.,
the "triangle" for the second sectionshould be closed by a straight line
from Ras Mustapha to Ras Zarrouk, and no justification is given for
extending itbeyond thatline. CONTINENTAL SHELF
CHRONOLOGICA RELVIEW OF OFFSHOR EICENCE IS TUNISIA
(PBTROCONSULTAN S.T,INTERNATIONAL ENERGY SERVICES)
Pre-1965PetroletrmExploration
Petroleum exploration in Tunisia started in 1894when the first exploration
permitwai awarded. Exploration activiwas limited 10geologicalmapping in
the northern part of the country and some shallow wellsilled in the Mio-
Pliocene area of Medjerba (1919). The first deep test was dnlled by the old
Standard Oil Co. on the Abd el Rahmane anticline in 1926. This well was
abandoned asdryabove theformation whichproved asgasbeanng 23yearslater
(Cap Bon field).
From 1931to 1948,activitywasmainlyconducted bytheFrench and Tunisian
Governments. Interrupted during the Second World War, activity resumed
in 1945 and the general mapping and geophysical surveys conducted over
thecentral part of the country were extended further to the south into the
Sahara.
From 1949to 1964,geologicaland geophysicalinvestigations were also con-
ducted in the southern Chottsareaand extendedto themost southern part of the
Sahara.
In 1949, Serept (Sociétéde Recherches et d'Exploitation des Pétrolesen
Tunisie)formed by ElfCFP, Repfrance,Cofirep and the Tunisian Government
started drillingtheCap BonPeninsulaand discoveredtheCap Bongasfieldin
the Lower Cretaceous.Gasproduced isstill usedin the cityofTunis. From 1951
to 1964,about 65 wells were drilled mainly by Serept alone or with foreign
partners. Ofthes65 wells,severalfound oil and/or gas shows(Bahloul,Ktitir,
Mansour, Chorbane, Ktifa, Kebir, BiBen Tartar, etc.. . .) but the first com-
mercial discovery wasonly reported in 1964 when Sitep (SociétéItalo-Tuni-
sienne d'Exploration Pétrolière)held by Eni and the Tunisian Government
found oil at El Borma in the Lawer Triassic sandstones.
In the same year Serept in associationwith the FrS~\IP started seismic
exploration over the offshore Gulf of Gabès area. Following the El Borma
success,increasedactivitywasrecorded duringthe subsequentyearsasindicated
below for offshore:
1965
Rights- Offshore. four permits were held respectively by :
Petropar(Sociétéde Participations Pétrolières)a Companycontrolled by the
French Government which received the 8,812sq km Golfe d'Hammamet
permit in 1964.
SNPA/RAP - A joint venture between the two French SocNationale des
Pétrolesd'Aquitaine and Rkgie Autonome des Pétroles which receivedthe
Golfe de Gabès permit (8,852sq km)also in 1964.
HuskyGroupformed byTunisian Husky and severalother cornpanies (Signal,
Helis, United Overseas and Colorado Oil) whichwasthe rightholder over a
14,252sqkm block in the Gulf of Gabès.
Rimrock - which was the rightholder for the Cap Bon ExtrOme(awarded in
1958)and Iles Kerkennah permits (324 sq km). TECHNICAL ANNEXESTO COUNTER-MEMORIAL 167
Exploration - Offshore seismic activity was conducted by SNPA and Signal
(Husky group) in the Gulf of Gabès area.
Explorato~yDrilling - Firsroffshore drillingwas started in May when Signal
spudded the Barani well (abandoned as dry) ;the well was followedby Ras
Zira 1and Kerkennah 1which werealso both abandoned as dry.
1966
Rights - In July, Husky and its four American partners released their Golfe de
Gabès permit. Rimrock also released its offshore rights. SNPA received
additional acreage io thei~large offshore permit (Golfe de Gabès).
Several American, French and German companies showed interest in
acquiring exploration rights over thearea released by Husky et al.aRim-
rock.
Explorarion - Seismic activitywas conducted by Serept (in joint venture with
Petropar and/or SNPA and Erap) in the Golfe d'Hammamet and Golfe de
Gabésareas. No offshore drillingwas conducted during the year.
1967
Rights - No new awards were reported but Shell announced an application
for two blocks in the Golfe de Gabésarea.
Explorarion - No offshore seismic activity was reported.
Drilling- The SereptlSNPAIErap venture drilled the Gabés 1welland aban-
doned it after encountering important gas showsin the Mesozoic.Further to
thenorth off theCap Bon,Petropar drilled the Hammamet West 1wellto the
Upper Creiaceous without positive results.
1968
Rights - In November 1968,the French CFP receivedthe 14,864sq km Sfax-
Kerkennah permit whileAquitaine Tunisiewasawarded the on- and offshore
Kairouan permit.
Exploration - Sofratep ran 170km of seismic lines in the Golfe de Gabès.
Drilling- After an interruption of several rnonths, the French companies (So-
fratep) drilled two wellsusing the Neptune Gascogne in the Gulf ofGabès.
Both wells.Tanit I and Echnoun1 were abandoned asdry.
1969
Righrs - Sofratep was granted an extension to the Golfe de Gabèspermit.
Explorarion - Sofratep, Sorek and CFTP conducted offshore seismic surveys
(using CGC vessels) in respectivelyGolfe de Gabés, Kairouan and Sfax-
Kerkennah offshore permits.
Exploraroty Drilling- No offshore drilling was conducted during the year.
1970
Rights - CFP received an additional area io ils Sfax-Kerkennah permit. The
Austrian State Oil Company (OMV) acquired 49% in the Petropar's Golfe
d'Hammamet permit.
Explorarion - PetroparlOMV conducted a 5-dayoffshore seismicsurveyin the
Golfe d'Hammamet permit.
CFTP recorded shallow water seismiclines in the Sfax-Kerkennah per-
mit.
Exploratuty Drilling- No offshore drilling was conducted.168 CONTINENTAL SHELF
Rights - Four offshore permits were awarded during the year as follows :
Murphy/Cigo : Gulf of Tunis (2,924 sq km)
Gulf of Gabès (6,564sq km)
Transworld : Tunis/Bizerte (5.160 sq km)
Buttes et al: Tabarka-Bizerte (4,128sqkm)
Cap BonGoifed'Hammamet (5,148 sq km)
On 20 August, Itaty and Tunisia agreed on their common boundary in the
Mediterranean sea. However, the accord was ratified byboth Governments in
1978.
Exploralion- Petropar/OMV shotseismic linesin the Golfe de Gabés permit.
Aquitaine/Elf recorded 2,300 km of seismic lines in the Golfe de Gabès
permit.
ButteslSlR ran a seismic survey in the Tabarka-Bizerte permit. CFTP
conducted shallow water seismic operations in the Sfax-Kerkennah permit.
Murphy/Cigo completed about hall a crew-month of marine seismicsurvey
in the Gulf of Tunis.
Exploratoy Drilling - Aquitaine Tunisie/Erap spudded the Ashtart 1 well at
some 80 km SE of Sfax and completed it as an oil discovery after reaching
3,018 metres. The reservoir is the Nummulite limestone of Ypresian age
(Eocene).
1972
Rights.- Three offshore permits were granted during the year :
Sepeg was awarded the Golfe de GabèsOriental permit
CFP/Agip/Amoco received the Permit Marin Centre Orientai
Sunningdale/Bow Valley/Pan Ocean received the small Kuriate permit.
Exploration- Buttes, CFTP,Murphy, Sofratep and Sunningdale recorded seis-
mic lines in the Mediterranean for a total of about 3 party months.
Exp~oratoryDrilling- Three offshore wellswere spudded during the year and
two of them were completed, both of them abandoned as dry (Aquitaine/
Erap's Melquart 1 and Erap/OMV's Teboulba 1).The Sofratep's Salambo 1
was drilling at the end of the year.
Anoutposr well iothe Ashtart 1discoverywasdrilled 6 km N of theAshtart
1well and abandoned as dry.
Rights- The offshore exploitation concession covering the Ashtart field was
awarded to the AquitaineIErap group for a 50-year period.
Sunningdale,Total, and Sheliweregranted the Golfe d'Hammamet, Marin
Centre Oriental and Hammamet Grands Fonds permits respectively.
Exploration- Buttes, CFTP,Murphy, Sunningdale, Erap. Aquitaine and Total
recorded seisrniclines for about 3.5 crew-months.
ExplorarotyDrilling- Fiveoffshorewellswerecompleted during the year but no
discovery was reported. In the Gulf of Gabés, Salambo 1, Hamon 1, and
Reshef 1 were drilled by respectively Sofratep, Aquitaine and Erap. In the
Gulf of Tunis, Murphy abandoned the MGT 1. Buttes was still active in the
Gulf of Hammamet 1 weil at the end of the year.
FieldDrilling- Aquitaine/Erap started development of the Ashtart field spud-
ding four new wells and cornpleting three. TECHNICALANNEXES TO COUNTER-MEMORIAL 169
1974
Righrs - The Cigol group receivedanextension to the Golfe de Gabes Djerba
Ben Gardane permit.
Explora~ion - A total of 5.9 crew-months of marine seismic surveying was
conducted by Aquitaine/Erap, Buttes, CFTP, Cigol, Erap/OMV, Murphy,
Sepeg, Shell, Socept, Sunningdale and Total.
Exp/oraroryDrilling - Offshore drilling activity again increased with six wells
completed and one drilling at the end of the year.
IntheMarin Centre Orientalpermit,Total cornpletedthe Isis 1wellasanoil
discoveryafter testing about 2,700BOPDfrom the LowerCretaceousZebbag
dolomite.
Aquitaine/Erap found oil in the Athirat 1well(Ashtart concession) from
the same bene nummulites limestones producing in ihe nearby Ashtart
field.
The Sofratep'sElyssa I tested wet-gasfrom Lower Eocene(Golfede Gabès
Complémentaire).
Wells abandoned as dry were Aquitaine/Eïap's Miskar 1, Buttes' Golfe
d'Hammamet 1and Erap/OMC's Mahdia 1.
Field Drilling- ln the Ashtart field, development drilling continued and five
wells were completed during the year. In the Isis discovery, Total drilled 2
developrnentwells.
Production - Firstcommercialproduction wasreported from theAshtart fieldin
March. Production for that year averaged 24,094 BOPD.
1975
Righrs - No offshore awards were reported during the year.
Exploration - Six different operators (AquitaineCFTP, Murphy, Sepeg.Sun-
ningdde and Total)recorded seismic lines (8.1crew-months). An Aeromag
survey was flown in the Golfe de Gabés.
ExploraroyDrilling - Fivewellsweredrilledduring theyear. The Total'sJarrafa
1(Marin Centre Oriental permit) was abandoned as dry. Aqui[aine/Erap
plugged Hasdrubal 1(Golfe de GabèsComplémentaire)after testing wetgas
intheLowerEocene(Tertiary).Thesamegroup testedgasin the Miskar2well
(Golfede GaMs) and tested up to 3,ûûBOPD in the Didon 1well(Golfe de
GabèsComplémentaire)frorn Cretaceous formation.
Field Drilling- Drilling of producing and injector wells in the Ashtart field
continued.
Production - Production from the Ashtart field increased to45,028 BOPD as
compared to24,094 BOPD during the previaus year.
1976
Rights- Etap, the State-ownedCompanywas awarded the PermisSud Oriental
du Golfe de Gabéssoutheast of the Ashtart oil field.
E.xploratio- A total of 1.1crew-monthof marine seisrniclineswas recordedby
ElfAquitaine, Buttes, CFTP and Marathon.
Exploratoy Drilling- No lessthan ien offshore wellswerespudded during the
year resultingin one .new discovery (Butte'set al.'s Golfe d'Hammamet 2
which tested 1.790BOPD of 39' API cnide) and one confirmation test (Elf-
Aquitaine's Miskar 3).
Reld Drilling- Three new wellswere dnlled in the Ashtart field.
Producrion - Production from the Ashtart field decreased to 35,607 BOPD
(45.028in 1975).170 CONTINENTAL SHELF
1977
Rights - No offshore permits were awarded dunng the year.
Exploration - Marine seismic recording totalled 4,700 kilornetres in thSfax-
Kerkennah, Golfe d'Hammamet and Marin Centre Oriental permits where
CFTP, SNEA and Total were active.
ExploraroryDrilling - Nine different operators were active during the year
drilling 10 wells. Of this total, three were new discoveries and one was a
successfulappraisal. In thCap BonGolfedlHammarnet permit, Buttes tested
23' API oil drilling the Yasrnin 2 deeper pool test. Flow wasfrom the Sabri
sandstone of Miocene agebut alsofrom sandy limestonein the LowerTertiary
Ain Grab formation.
Marathon's Bregat 1 well in the Golfe de Gabès-Djerba Ben Gardane
permit floweddry gas at a rate exceeding30,000MCFD most probably from
the Cretaceous.
TheSNEA'sHalk elMenzel 1 well(Golfed'Hammamet permit)found oil in
the Miocene. In the Miskar 4 appraisal, SNEA struck wet gas in the Abiod
formation (carbonate rocks) of Campanian-Maestrichtian age.
Field Drilling- SNEA continued field drilling in the Ashtart field drilling two
new wells during the year.
Total Exploration and the Tunisian Government announced their intention
to develop the Isis oil discovery.
Production - Production from the Ashtart field averaged43,089BOPD, a 21%
increase versus the 1976output.
1978
Rights - The Buttes/Etap group was granted the Enfida permit which covers
both on and offshore areas in the Gulf of Hammamet. Houston Oil and
Mineralsalongwith Etap wereawardedtheKerkennah West permit(alsoboth
on and offshore). Sorek was granted extension to its Kairouan permit.
Exploration - Buttes, CFTP,Elf Aquitaine, ShelIand Total recorded a total of
almost 10,000 km of marine seismic lines.
Explorato~Drilling - Five different groups drilIeda total of9 offshore wells
during the year.Of this total, Buttes'Mimosa 1and Shell'sOudna 1confirmed
theinterest of the Miocene prospects in the Gulf of Hammamet.
Sofratep'sSalambo2alsoin the Gulf ofGabèsfound gasshowsprobably in
the Lower Eocene Metlaoui formation (carbonate).
Field Drillin- No offshore fielddevelopmentdrilling wasconducted during the
year.
Production - Production of oil frorn the Ashtart field averaged 45,183
BOPD.
1979
Rights - Marathon/Etap was granted the offshore Gabès Septentrional: Ouest
permit while the Cities/Etap group received the Gabès Septentrional Est
permit.
Exploration - CFTP, Houston Oil, Marathon, Shell and Elf recorded a total of
6,580km of offshore seismic lines during the year.
Explorato~ Drilling - Buttes, Shell, SNEA and Total were drilling offshore
during the year. Eight wells weredrilled. Of this total, three wells struck oil.
Shell's Birsa 3 tested oil in the Ain Grab Miocene formation and Shell's
Tazerka 3 and Oudna N 1 yielded oil probably from Upper Cretaceous
limestones. TECHNICAL ANNEXES TO COUNTER-MEMORIAL 171
FieMDrilling - Extension and development drillingstarted in the Shell's Birsa
discoveryand in the SNEA's Miskar and Halk el Menzel discoveries.
Production - Ashtart production increased to 47,768 BOPD.
1980
Rights - Total et al. wasawarded exploitation concession overthe Isisfieldand
Elf Aquitaine received similar rights over the Halk el Menzel field.
Explorarion - Cities,BP, Shell and Elf Aquitaine reported offshore seismic
recording during the first rnonths of the year.
ExplorotoryDrilling - During thefirst eightmonths of theyear,offshorednlling
waswnducted by Buttes.BP, Shell,SNEAand CFPT. Sixwellswere diillecl
during that periodwhile awell was under testing operations earlyin Septem-
ber.
FieldDrilling- Na fielddrillingwas reported [rom January toSeptember 1980.
Etap isplanning to re-enter the Didon 1diswvery well.Shelland SNEA will
develop respatively Birsa and Halk el Menzel.
Production - During the first half of 1980,Ashtart field production averaged
about 4 1,000BOPD.
The following summary is only the general controlling legislalion. Each
exploration/exploitation permit granted and presently in force has been the
subject of a specialwntract. This means that someterms (mainly duration) are
very often different from the basic legislation.
1. Mainourlinesojihe PetroleumLaw.The basiccontrolling lawiscontained in
the Decreeon Minesof 1January 1953.An earlitr decree of 13December 1948
provides special disposition to encourage exploration and. exploitation of
hydrocarbons.
Expt'orarionPermit. Initial terrns of an Exploration Permit are:
- Duration fiveyears, with four three-year. extensionperiodsIfa discovery
ismade within 14years, four additional extensionsof three yearseachmay
be granted.
- Renewal of Permit is subject to reduction in successive stages:
First renewal to 80% of original area.
Second rmewal to64% of original area.
Third renewal to 50% of original area.
Fourth renewal to 25%of original area.
- No rental fees on exploration permil luiown.
- Feeson everyrenewalapplication of approximately 1,300dinars (US$ 1.4)
per hectare.
- Minimumwork obligationsare fixed ineach wntract separaiely.
- No limitation on ihe number of Permis to be held by Company.
ExploitarionConcession.Terms are as follows :
- To qualify for an exploitation concessionthe discoverymus1be capable of
producing at least the following quantities based on barrels and feet of
depth. i172 CONTINENTALSHELF
about 63 b/d at 1,625feet to
504b/d at 9,750 feet ; further added
50 b/d for each 325feet additional depth.
Offshore requirements for a discovery Varyand are subject to negotiations
considering water depth, etc.
- Duration, 99 years with one or more extensions of 15years each.
- Size of exploitation concession limited to 1,000 sq km.
Royalty 15%minimum (lawof 15March 1958)oi! crude oit, pay in casor
kind.
- Annual rental about US$15/ha.
- Tax rate is 50%of net income.
- Interna1petroleurn consumption, the producermay be required to supply
up io 20%of histotal production to domestic consumption overand above
the royalty payments in kind. CONTINENTAL SHELF
Annew10
ASSOCIAT PROFESSO OF GEOLOGY
AL-FX~I~ HNIVERSITY.TRIPOLI
* B.S(GeologandChemistry).Universityof Libya: M.A. (EconomicGeology).
Columbia University:(konomicGeology).Stanford University.[11 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 175
1 - INTRODUCTION
At present, commercial hydrocarbon production in the entire region
of northweçt Africa comes only from the onshore oil fields of Libya,
Algeria and Tunisia. Libyan hydrocarbon production cornes entirely
from the Sirt Basin. Minor discoveries have beenmade in the Ghadamis
Basin and recently offshore discoveries have been made in the Pelagian
Basin. Neither of these, however, has yet produced oil or gas commer-
cially. By world standards, the Sirt Basin is in a mature stage of
exploration.
The purpose ofthis Report is ta give abriefaccount of the different
parameters controlling hydrocarbon occurrences in and adjacent to the
Pelagian Basin in an atlempt to reveal the relationships between the
various hydrocarbon occurrences and to define hydrocarbon trends in the
area.
The geologyof the study area as well as the parameters controlling
the various hydrocarbon occurrences, especially onshore, are documented
fairly well. This paper is entirely derived from this literature.
II -MAJORHYDROCARBON SYSTEMS
'The major hydrocarbon systems in and adjacent to the Pelagian
Basinare shownon Plate 1,according to their geographic locationand age
of major reservoirs. These hydrocarbon systemscan be classifiedinto two
provinces:
1. Erg Oriental, Ghadamis Basins Province, with major reservoirs
ranging in age from Early Paleozoic to Early Mesozoicand consisting of
the following systems:
A. Cambro-Ordoviciari System
B. Devonian-Silurian and Carboniferous Syslem
C. Triassic System.
2. Sirt -Pelagian BasinsProvince,with major reservoirsranging in
age from Late Mesozoicto Early Tertiary and consistingof the following
systems:
A. Lower ~retaceoui Systern
B. Upper Cretaceous System
C. Paleucene-Eocene System.
Detailed descriptions of these systems comprising the two provinces have
been given by Green, et al.(1977), Bishop ( 1975), Fischer (1976) and
Parsons, el al. (1978). Only a brief description of each system will be
given here.
III -EARLY PALEOZOIC
Cambro-Ordovician System
Itis an important system only in Algeria. The giant Hassi Messâoud
oilfieldhasproduced from this inierval at a rate ofabout 375,000 b/d or
about 40 per cent. of Algeria's production in the late 1960s(Green, etal.
(1977)).
'"Systern" is usedin this Rspeciallto denote a hydrocarbon systern.176 CONTINENTAL SHELF Pl
The oil is produced from Cambrian sand. Hercynian folding forrned
the structure, and unconformity ai the base of the Triassic forms a combi-
nation irap. Other Algerian fieldsproducing from this interval are Cassi
Agreb and Rhourde El-Boquel, but they cannot be compared with Hassi
Messaoud in terms of production.
In Libya and Tunisia the Carnbro-Ordovician system is of no signifi-
cance. No oil shows in Tunisia at ali, and only minor oil shows in a
number of oilwells within the Carnbro-Ordovician system are reported in
Libya.
IV - MIDDLEPALEOZOIC
Dcvonian-Silurian and Carboniferous Systern
Again. ihis syster has no great signifcance in Libya or Tunisia;it is
more important in Algeria.
The Iate Paleozoic (Hercynian) orogeny that affected northwest Africa
rcsulted in moderate deformaiion of the Paleozoic basins and differeniial
crosion of Middle Paleozoic sediments. As rresult. the Middle Paleozoic
has an erratic distribution, especially in Libya. Only a few wells in
northwest Libya have penetrated ihis section and encountered oil shows,
but no production has been established.
V -EARLI'hlESOZOlC
Triassic Systein
The cxtrciiicly varied facies composed of sandstones, evaporites and
shallow-water carbonates relating to the coniinental breakup are wide-
spread throughout the area of Erg Oriental Ghadamis basins.
In Algcrin, Lower Triassic sandsiones sourced by Silurian shnle and
scülcd by Middlc and Upper Triassic evaporites constitute a major pro-
ducing interval in Hassi R'mil gas tield, Rhourde Nouss gas field and
Güssi Touil oiland gas field. The Hlissi R'miigas tield isanother gianils
it produccs from Triassic sand on top of a structure that has an aerial
extcnt of 1.O00square miles.
In Tunisin, Lower Triassic sandstonrs sourced by Middle and Upper
Triassic evnporiteshave produccd at the El-Borma oil field. The Triassic
sand rescrvoirs at the El Borma tield form a faulted anticline with thc
following average statisiics: depth to top of pay 2.400m; net priy 15m;
porosity 18%;pcrmeabilily 2OOmd;gravit? 40"; cumulative production to
1973 wris 175,094.000 bbl. from the Tunisian side and 27.674.000 bbl.
frorn the Algerian side: recent daily averages werr 75.600 and 25,000 bbl.
rcspectively (Bishop ( 1975) ).
In Libya the same section has been penetrated but production is
negligible.
As shown in Plate 2.generotion ofgas rather than oil is prevalent in this
system.
VI -LATEMESOZOIC
Lower Cretaceous Systern
In Tunisia, Apiian-Albian sandstones produced in the Djebel Abder-
rhaman CapeBongas fietd. Shelf carbonates of the same age produced ini31 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 177
a number ofsmall oil fields,rnainly Douleb and Sernmnma (average daily
production of 4,344 b/d) as well as in Djebel Onk oil ticld in Algeria.
These shelf carbonates arc mostly bioclastic. Detailcd information is not
available but these hydrocarbon accumulations and showsare in shureline
facies which arc structurally controlled. They are associatcd with the
series of northeast trending anticlines of a foothills belt which is less
disturbed than the main Allas ranges.
In Libya the Sarir oïl field of thc Sirt Basin produccs from the subun-
eonformity (Nubian) sands in a horst block. The reservoir sands are
sourced and sealed by younger ovcrlying socna shale and fine-grained
clastjcs intheadjacentgrabens. No lowerCrctaceousoil shows have been
reportcd in the Pelagian Basin.
Upper Cretaceous Syslem
Upper Cretaceous wedgc-basc Bahi and Waha sandstoncs produce in a
number of Sirt Basin fields. namcly the Ruguba, Jcbcl, 1-ahib,Zelien
Waha. Defa. Hateiba (gas) Amal, Nafora Augila. t-l:irarn and Dahra.
Thcse sands occur near the top of horst blocks and probably represent
reworking of older sand units.
In the offshore area the Pelagian Basin. Upper Crctiiccous carbonate
seciion produces at Isis (avcraging 2.700 bbl. daily). Misknr. Elyssia and
KI wells (Plate 1).
VI1 - EARLYTERTIARY
Paleoccne-Eocenc Systcm
Paleocene-Eoccne shelf and rccf nummalitic carbonritcs sourccd and
scaled by Maastrichian to Paleocene shales and marls, makc up the major
poriion aî the produciion itheSirtBasin. namcly in Zcltcn, Inlisar. Defa,
Zaggut. Dhara, Mabruk. Hufra, Ora, Bahi and Gialo oil fields (Plate 1).
The same Maastrichian io Paleocene shales and marls are potcntial
source and seal beds in the Pclagian Basin. Also the same nurnmalitic
facies producing in the Sirt Basin are the reservoir for niost oil discovered
in the offshorearea of the Pelagian Basin. namely inAshtart oil field (with
production poiential of 40,000 b/d and estimatcd rcscrvc of 292 million
bbl.),and Al 137, Bla 137, Didon 1, JI, H1.GI. FI. F2, Gabesand
Hastrubal oil and gas wells (Sce Plate 1 ).
Sidi El ltayem onshore Tunisia ilowingat a rate of 9,000 b/d isanother
significant discovery in this system.
VI11 - HYDROCARBONPRODUCTIVETRENDS
As previously diseussed. we may conclude that the major hydrocarbon
systems comprising the two hydrocarbon provinces contain sand and car-
bonate reservoirs varying in age from Early Paleozoic to Early Teriiary.
The sand reservoirs consist of tight Cambro-Ordovician sandstones, high
quality Lower Cretaceous sand and thin Middle Cretaceous transgressive
sands ranging in age from Early Paleozoic to Early Mesozoic or Triassic
time. The carbonate reservoirs are of varied facies ranging in age from
Late Mesozoic to Early Tertiary or from Upper Cretaceous to Lower
Eocene. 178 CONTINENTAL SHELF Pl
Without including the hydrocarbon systems of the Sir1Basin, Bishop
(1975) rccognizcd thrce hydrocarbon trends in the onshore/offshore of
northwcst Libya and onshore/offshorc of Tunisia and onshore Algeria.
Thesc arc dcsignatcd by Bishop ( 1975) as:
1. Ypresian Carbonate in ofTshorearea of the Pelagian Baçin;
2. Carnbrian-Ordovician and Triassic sandstones. in the Erg Oriental
Ghadümis basins (Libya, Tunisia and Algeria); and
3. Crctaccous shore lincs in onshorc Tunisia. Although Bishop'sstudy
did not includc the Sirt Basin, the close similarity betwren the off-
shore discovcrics (Ypresian Carbonate trend) and the Sirt Basin
major oil fields is very striking.
In the Sirt Rasin as wcll as in the offshore area of the Pelagian Basin
hydrocnrbons have becn trapped in structural highs or in stratigraphie
wcdgcouis againsi structural highsand in carbonaie buildups. Two ofthe
threc conlnion oil systcms in the Sirt Bnsin are present in the Pclagian
Brisinand can bc identiticd by the samc parrimeiers. i.e.. the age of the
rcscrvoir rocks and the iypc of sourcc and scal bcds. Thcse are Upper
Crctaceous and Palcoccnc-Eoccne syslcms. In brief. hydrocarbon gener-
aiion inboth the Sirt and Pclagian Basins is characterizcd by the com-
bined cfTcctof abundant structural rclicf and rcscrvoir dcvelopment in the
semc hydrocarbon systcrns of the same agç. They provide an excellent
cxatnplc ofhgdrociirbon traps in sedinizntary basins that have undergone
catcnsivc icnsionril fracturing in a shallow marine cnvironnicnt. with ade-
quatc gcncration and pooling of oil from al1sourcc systcms. wdthPaleo-
i~erro-Eoct~ttt~obtlh~! IAP richpst it~ the Prlagiati Bnsiri atid Upper
CTetrr(.roirsiti rhr Siri Basiti.
Potcniial play niiips of thrcc major hydrociirbon systcms of the Sirt
Basin cxtendinp to the offshore area of the Pcliigian Basin were prepared
by Grccn. al.(1977). Thcse maps, wiih only rninor modification. Lire
@ reproduccd and included in this Report (Plates 3 to 5).
-
Thcsc plnics clciirly dcmonstriiic the sirnilariiy bctwccn the two basins.
Bj.showlitigthe e~t~tisiotroJthr niajor h!8drocnrhorq i mster?iosf;he Sirt
Basirr itiro tlir Prlagian Busin. rhg. s~cgg~sr n riefitiPt relnriotrship
bi#tii.~i~P tit*~hn.~ittojida rlosr)rrffiriiof.rhe ojihore disrnileriesto
the trilrjor hj+rirocarbor.iTj.stpsfthe Sirt Brrsitr.
Plnie 3 (Lowcr Cret:iccous pliiy itirip) indicrites thüt the same high
quality rcscrvoir sand (green) of the Sarir oil ficld in theSirt Basin (Plate
I) cxicnds into the Pclügian Büsin. These siind and shale beds are good
potcntial iargets inthe oîTshorcareil. The Bahi type sand (blue). which is
ircscrvoir for ninny oil Ficldsin the Sirt Rasin (P1:itI), iilsoconstitutes
ünothcr possible large1 otYshore.
Thc Uppcr Crciaceous play niap (Pl~itc4) showsthat the Upper Creta-
ceous shallow-marine carbonates and sandsiones (blue). reservoir for
many oil fields in ihc Sirt Basin. is continuing into the Pelagiün Basin.
These carbonates and sands are adjacent to thicker shale zones (orange)
and constitute a major offshore target. i51 TECHNICAL ANNEXES TU COUNTER-MEMORIAL 179
The Eocene nummilitic carbonates trend shown in Plate 5 is the reser-
voirfor manyoil fieldsin the Sirt Basinas wellasfor mostoildiscoveredin
the offshore area of the Pelagian Basin (Plate1).
Followingmoderate Late Cretaceous tectonic activity. widespreadPale-
ocene and Eocene carbonates and shales were deposited in a stable but
subsidingcomplex ofsub-baçinsandbanks. Thesesedimentsare prospec-
tive only where the shallow water nummilitic facies has developed adja-
cent todeeper marine shalesand rnarlç,similar to their development in the
@ Sirt Basin where they forma major hydrocarbon system (Plates 1 and 5).
The developmentof suchseciion is controlledby the approximity ofthe
earty Eocene shore lines.
@ Asshown in Plate 5.this trend isofgood potential only in theSirt Basin
and in the offshorearea. To the northwest inonshore TuriisiabeyondSidi
El Itayem oil field. this trend has been deformed and çtrongly afiected by
the Atlas Mountain folding. Also'lack of shale development. burial and
maturation, as wellas the floodof clastic material derived from the Atlas
uplifting to the north whichinterrupted the pure carbonate decomposition.
prevents this trend from being a major target in this area, i.e., in its
northwest section inonshore Tunisia.
Finally, considering heat flow in the Pelagian Basin, Ericksoetal.
f 1977) observed 3regional difference between the heat flowthrough the
floor of the Eastern Mediterrancan and the Western Mcditerranean.
They attributed thisifferencetothe prcsenceof hotter mantle matcrial at
shallower depths bencath the Western Mediterranean than beneath the
Eastern Mediterranean. As indicated bythe prevelcnceof gasdiscaveries
in thc the areas of Cape Bon and the Gulf of Hammamet as well as the
northwcst end of the Gabes-Sabratha Basin. it seems ihat the Pelagian
Basin is being affecteby the high heat flowcharacterizing the Weslern
Mediterranean.
This fact again presenta major problem in the northern and northwest-
ern parts of the Pclagianasinand makes the southern and southeastern
parts more attractive.
IX - REFERENCES
Bishop, W.F. 1975. Geology of Tlrnisiaand adjacent parts of Algeria
and Libya. The American Association of Petroleum GeologistsBulletin.
Vol.59.No. 3, pp. 413-450.
Byramjee. et al. Perroleunrpotenrial ofdeep warerarea of rheMedirer-
ranean and Curibbean Seu. DD5 (dA) Compagnie Française des
PEtralesand Institut Français du Pétrole.
Erickson et al. 1977. Review ofheat flowdata from the Mediterranean
and Aegian Seas. In: InrernationalSymposium ofthe S/rucrural His-
rory of~heMedilerraneanBasinSplir (Yugoslavia) .25-29 Ocr.( 1976).
B. Biju-Duvaland L. Montaderi, Editions Technip, Paris. 1977.pp. 263-
279.
Fischer, J. 1976. Geology of the Gobes Basin. Mobil Oil Open File
Report. 24 pages.180 CONTINENTALSHELF FI
Green A.R. er al. 1977. Regional Geologyof the PelagianBasin(Of-
shore Libya). TechnicalServiceReport. ExxonProductionResearch
Co., 15pages.
Parsonset al. 1977. Hydrocarbon Occurrencesin the Sirt Basin. Libya.
Esso Libya Report.14 pages. TECHNICAL ANNT0 COUNTER-MEMORIAL 181
Annex11
PROFESSOORGEOLOGY
DIRECTO F THEMANNE GEOLOGICAALD
SEDIMENTOLOGD IIAISION
AT THE
INSTITUOFGEOLOGY ANDMINERALOGY
TECHNICAULNIVERSIMUNICH182 CONTINENTAL SHELF [II
1. INTRODUCTION
1. Aims of the Investigrnition
The scopeof thisScientific Reportisto examinethe connection between
the submarine area coveredby the Pelagian Sea and its surrounding land
rnass, the North African continent.
To scrutinize this connection it is necessary to know
-the geology ofthe Pelagian Block'and ofthe adjacent African
mainland;'
-The morpholagy of the area under consideration and its sur-
roundings on land as well as under the sea.
The geologicaipart of this Report is rnainly devotedto the conclusions
sel forth in modernscientificpublications relatingto the geologicalevolu-
tion ofthe central Mediterranean area.
This Report isto beregarded asthe persona1opinionofthe author based
on the literature as wells on hisowninvestigationsin the Mediterranean
area on land and under the sea2.
2. Outlines of the Area under Consideration
The Mediterranean Sea issubdividedinto twoparts, the Eastern Medi-
terranean and the Western Mediterranean. The natural limits between
these two sets of oceanographic basins are the Strait of Sicily and the
Strait ofMessina. Within the Eastern Mediterranean Sea the Mediterru-
nean Pilorand other handbooksforsailorsdistinguish thefollowingsubdi-
visions(frorn Westto east): The Ionian Sea with the Sirt Embayment to
the south, the Adriatic Sea situated to the northwest of the Strait of
Otranto, the Levantine Sea and the Aegean Sea to the north of Crete.
The lirnit between the Ionian Sea and the Levantine Sea is not very
obvious;il is based mainly on underwater topography.
The Ionian Sea as an oceanographic unit is very complex in its sea
bottom topography and geological history. It consists of several sub-
basins, of ridges, rises, escarpments, platforms, trenches, troughs. and
seamounts. Eachof these features has beengivena name (or evenseveral
ones bydifferent authors). These names, used by oceanographers, geog-
raphers, geologists and geomorphologists,are sometimes conflicting.
To avoid unnecessarycomplications,the term "Central Mediterranean
Sea" is generally used in this reportvn lieu of the "lonian Sea". Some
authors have used"Central Mediterranean Sea" ina more restricted sense
for the area coveringthe sea abovethe platform lying tothe Westofa line
connecting the southeast corner of Sicily and Misratah, generally known
as the Pelagian Sea. It is the PelagianSea whichis the main focusof this
Report.
'Thc tcrms 'PclagianBlock"and'Pclagian Basin"are used hcrcintcrchangcably.
'Although incertain areas of this Reportmayreexist diffcrcnccsof opinionarnong
scientists,no cfïorbecnsmadehcrcto discussthescdifierencesin detail.
'Onicialchartand handbooksdo notdistinguisha "Central Mcditcrrancan Sca".121 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 183
- There are many underwater features which bear more than one name.
Being mainlyof scientificinterest these names are not recognized interna-
tionally. Some of them by implying a certain geographical connection
rnay influence one'smind: cg., the slight domingeast ofTthe Kerkennah
Islands isnamed bysomeauthorsthe "Kerkennah uplift".while,aswillbe
shownlater, the structuresof the Kerkennah Islands run more in a north-
east direction. Hence, through the useof names certain connections may
be suggested which may, in facl, not exist.
3. Previous Work
In connection with oil explorations there have been many modern geo-
logical investigations dealing with this part of the Mediterranean area.
Besidesmany unpublished and classifiedreports, some recent published
papersgiveexcellentandcomprehensivedescriptions ofthe PelagianSea
with its surrounding land:
The rnost modern and cornprehensive one is edited by BUROLLET,
CLAIREFOND and WINNOCK,1979: LaMerPilagienne. Other sources
worth mentioning are: The "Second Symposiumon the Geology of
Libya" (1978); and the Guidebook to the Gealogy and Hisrory of Tuni-
sio.edited by L. MARTIN(1967).
In addition, perhaps the best introduction to the geologyand geophysics
of the Mediterranean Sea in general, with valuable information on the
Central Mediterranean region, is the work of MORELL~(1975)'.
4. Acknowledgement
The author is indebted to his colleagues Dr. W. Hieke, Dipl. Geol. W.
Kretzler, Dr. J. Müller, Dipl.lng. Reiss, Dipl.Geol.J.Schmolinand Dipl.
Geol. U. Zeh for discussing scientificquestions relating to this Report, as
well as helping with the construction of bathymetric maps, seismic
profiles, block diagrams, digitization; and processing of datae. The
author's discussions with Prof. Dr. Missallati from Al Fateh University,
Tripoli, andProf. Dr. R.Nicolich fromO.G.S.,Trieste, onquestions ofthe
geology of Libya and the geophysics of the Pelagian Block and Sicily,
respectively,were most stimulating and informative. Their ideas are
acknowledgedmostgratefully. The responsibilityof this Report is,never-
theless, exclusively thai of the author.
'ForotherbibliographiesourcsecChap.V below.containinga shortbibliography.
'This materialhasbeenspeciallypreparedfor Libyainconnectionwithxhecasthefore
Internationl ourtof Justiceconcerningdelimitationofthecontinental shelfbetweenLibya
and Tuniçia.184 CONTINENTAL SHELF 131
II. OUTLINESOFGEOLOCYOF
THE PELACIANjNORTH AFRICAN AREA
1. Introduction to the Ceologyof the Central Mediterranean Area
For an understanding of the geological historyof the Central Mediter-
ranean Sea and adjacent areas, including al1the movementsof the earth's
crust in this region during geological times (known as "geodynamics"), a
brief lookmust be taken at the broad outlines of the geologyof the entire
Mediterranean area. Furthermore, such a broad perspectiveis necessary
for an understanding of the complex status of the geomorphology of the
sea-bed oftheCentral Mediterranean Sea in general and itssouthwesterly
part in particular
Terhys Oceanand the Mediterranean Area
The area between the Eurasian Continent on the one side and the
African Continent onthe other has beencalled Mediterraneum. During a
geologically long time, this area was covered by an ocean named Tethys,
whichwas rnuchlarger than the present Mediterranean Sea and had a size
perhaps comparable to the present Atlantic Ocean.
The main feature of the Tethys Ocean was ils long east/west extension.
There are traces today of this oceanic belt in Central America. The
mountain ranges of the Mediterranean area between Gibraltar and Tur-
key and from Sicily to the Alps were formed by rocks which weredepos-
ited within this former ocean. To the east, this Ocean extended to the
Himalaya area and southeastward to Timor. Bystudying the rocks, we
know fairly wellthe outlines of the Tethys Ocean, its paleooceanography.
from its beginning more than 200 million years ago (Triassic time) until
its end between 60 and 20 million years ago (Tertiary time).
During Tertiary time, the Tethys Ocean underwent a series of severe
transformations into a geographic feature whichisnowthe Mediterranean
Sea. Thistransformation isfar from overtoday, as can be shown frornthe
many earthquakes within this area and its surrounding land.
one major reason for the restlessness of this part of the world is the
conflictingsituation of two large continental masses, namely, Eurasia and
Africa. Each ofthem is floating separately on a mobile layer belowthe
earth crust, like two gigantic icebergs whichare colliding in some areas.
drifting apart in others. Although this isa simplifiedpicture of a complex
situation, it is obvious that such a situation is highly unstable.
Results,of this instabilhave been, on the one hand, the piling up of
mountain ranges by compressional forces (Atlas mountain ranges, Bethic
cordillieras, the Apennines, the Alps, the Balkan ranges, mountain belts in
Anatolia)'. On the other hand, deep depressions have been formed by
tensiona1forces.
The Mediterranean Revoluiion
During the bulk of the Mesozoic Era (about 230 to about 100million
years before present)the northern limit of the African landmass was
See Fig.2. [dl TECHNICAL ANNEXES TO COUNTER-MEMORIAL 185
situated generally more to the south of the present Libyancoastline. The
general trend of this formerCoastwas east/west. The area of the Atlas
Mountains was open sea. This general situation lasted until the Lower
Tertiary (Paleocerie). During Eocenetirne (53 to 38millionyears before
present), thesea offNorth Alrica began toshallow. Later on, unrilabout
15to IOmillionyears before present (Fig. 3), we findwithin the Mediter-
ranean area a complicated situation of land and sea, probably much
difierent from the situation befare and from the present. The coastal line
hadshifted into the presenl oRshore area of Libya, and in the Maghreb
area the Atlas Mountains had been forrned.
The Tethys Ocean had degenerated into a sea of minor importance, at
times restricting its connections to some of the world oceansThis situa-
tion culminated during the Upper Miocene (1I to 5 million years before
present) when the Mediterranean area turned into a set of salt lakes
(sabkhas) and newly emerged islands. The coastal line was. perhaps
some hundreds of rneters below the present sea-level.
AIthough the connections to the oceans outside of the Mediterranean
area were nevercompletelycut off,the influxof sea water wasrestricted to
such a degree that it could not keep up with the evaporation of water
within thisarea. The result was the formation of thick layers of salt and
gypsurnand other related rninerals. On Libya and Tunisiathe Pelagian
Block was an area barely covered with water and only in the north-
west/southeast running graben linearnents could gypsum accumulate in
elongated strips. The Malta-Misurata Escarpment had not been devel-
oped morphologicallyat that rime and the area to the north of thepresent
Gulf of Sirt was asRatand shallow as the present Pelagian Blockaround
Matta. This, most probably. was true for the entire area of the present
Ionian Sea. This situation within the Mediterranean area. only outlined
here in general, was very différentfrom that of the Tethys Ocean before
and, of course, fromthai of the presenr Mediterranean Sea. whichirnme-
diately began to develop after this"Salinity Crisis".
The Formarionof the Medirerranean Sen
At about 5 millionyears ago (the beginningof the PlioceneEpoch),the
Strait ofGibraltar opened allawing water frarnthe Atlantic to flowinto
the nowestablished Mediterranean Sea. Nevertheless, the dynarnic pro-
cess of formation of such features as the Ionian Basin, the Sirt Basinand
the Malta Escarpment continued, increased or started, respectively.
The Pelagian Blorkl-Relirr of Pre-MediferraneanTime
The only lasting feature which rernained almost unchanged was the
Pelagian Block. The coastal areas of Libya and the area to the east of the
@ "north/south dorsale" (Fig. 4) inTunisia, Le.,the extensions of the Pela-
gian Block onthe land, were exposed to the changing sea-levelduring the
last 5 millionyean. Therefore. onshore wefinddepositsof the sea as well
as of the land environment intercalated with each other (c.f.Figure 12).
'The termPelagianBasinisusedin the Libyan MernorIOcovtr ihc saarea.186 CONTINENTAL SHELF Pl
The shore line between the African continent and the Mediterranean
Sea was shified by oscillalions of the levelof the world oceans (eustatic
changes), or more local tectonic events. e.g.. regional uplifts of coastal
areas.
Eustatic changes are well known during the Quaternary time, when
about 14,000 years before present the last drop of thesea-level (at least
120, perhaps 150, metres below present sea-level) occurred.
At that time, the area to the norrh of northwest Libya ;as dry land and
most likely occupiedby settlements of Late Paleolithic men.
2. RecentSedimentation withinthe PelagianArea
Cornpared to many areas of the present Mediterranean Sea, sedi-
mentology of the present Pelagian area is unusual by virtue of its high
content in carbonate'. Similar sediments can be found only along the
Libyan and Egyptian coasts. In most other shallow water areas of the
Mediterranean, detritic constituents, derived from the land via rivers, are
more typical than carbonates. Starting at the shore line and proceeding
into deeper water we find the followinggeneral succession of sediments:
( 1)Shore line : mixture of terrigenous quartz sand (derived from
the deserts in the hinterland) and marine calcareoussand grains
(derived from smallorganismsor fragmentsof shells,al1of them
living in the marine near-shore environment).
(2) Shallow waier deposiis:as above, but in gerieral witha higher
percentage of fragments of marine organisms. In areas with
quiet water (embayments, shelter of islands, etc.) the seafiooris
rather muddyand frequently stabilized by meadowsof sea grass.
(3) Mudjia~s: At a waier depih ofabout 10 to 25 metres dom to
about 100metresthe seafloorismainly muddy. The percentage
of calcareous constituents is still high.
(4) Troughs and on the slopes:The usual sedinient is a rnarly mud
(clay with varying arnounts oflime). Shallow water materiai,
too, may be transported into deeper water by density fl0w.s.
Ooidsands
Most remarkable is the occurrence of so-called "ooids" in the Gulf of
Gabes and near the Libyan and Egyptian shore. Ooids are calcareous
sand grains of an origin typical forrrn water comparable to the Persian
Gulf or the Bahama Banks.
Mud Flals and Snbkhns
Areas of coastal subsidence do not expose the pure shore-sand men-
tionedabovebut typically showsandyand muddy salt marshes. e.g.. in the
Kneiss region. orin protected areas near the Kerkennah Islands or the
Islandof Djerba. Innear-shore areas offthe Gulf ofGabesand tothe east
as far as Zuara. the accumulation of Sand is important. This sand, to a
largepart derived from theAfrican deserts, forms dune-covered spits and
See Fig.5. i61 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 187
underwater sand bars. Thesc fcatures slowlyare cutting off ernbayments
from the sea, thus initiating the formation or inland sabkhas.In these
areas the land is prograding into the sea.
From the foregoing, the followingmay be concludcd:
1. In contrasito other areas of the Mediterrancan. thc recent sedi-
menis from the GulfofGabesalang the Libyan coast as faas Alexandria
are of a typical North African (warm ctimate) appearance.
2. The sediments which can be found northeast off Djerba Island (e.g.,
ooids) can be related better to other ooid-bearing sediroffthe Libyan
and Egyptian coast than to any recent sedirnents of the northeast Tunisian
Coast.
3. TectonicFeatures
Western LirnirsoJ the Pelagian Block
@ On Figures 4, 6 and 7 the structural settings or the Pelagian Blockand
the Ailas Mountains are illustrated. each bya dinerent authorFigure 6
particularly emphasizes the diflcrences in the tectonic style between the
areas.
The so-called "N/S Dorsale" fFigure 4) seernsIO be the important
@
barrier between the alpine tectonics to the Westand the blocktectonics to
the east. Nevertheless, there are sevcral features typical to one side,
which also appear on the other, but are of minor importance and, in
general. are near to this tectonicnearnent; for iristance. fold structures
(sec Figure 7, syrnbols 5 and 6, i.e., anticlincs and synclineon the
western Pelagian BIockand faultsrunning in a northeast/southwest diiec-
lion. In rhe Atlas Mountain range, grabens and other fault structures
appear which are orientedinthe northwest/southeast direction, typical for
@ the Pelagian Block (Figures 4 and 6).
Frorn these observations, we conclude:
a) To the Westand the east of the N/S Dorsale wefindtwo different
tectonic styles as dominant structural features, thus underlining
the geological individuality of both the Atlas area and the Pela-
gian Block.
b) Nevertheless, in the vicinity of the N/S Dorsale ihere is some
tectonic influence crossing this line in both directions.
The tectoniçs of the Pelagian Block have a more "cratonic" styleLe.,
structures typical for a siable and massive continental block ("craton")
like the African plate; while inost of the Tunisian mainland (with the
exception of the East Tunisian coastal plain whichis part of the Pelagian
Black) reveals typical alpine tectonics.
TecronicFeaiurm of the JeNara Plain
The investigation by GHELLAL (1977) established the existencof a
seriesof block movements with fault planes running mainly east/west, i.e.,
more or less parallel to the Libyan coast (see cross-sectiFigure 12).188 CONTINENTAL SHELF [Tl
Generallyspeaking,the topof the mosaicofdissectedblocksishigher in
thesouth and deeper (near or even belowsea-level) in the north of the
Jeffara Plain.
Although there is a gap in information between the drilling-controlled
land sectionsand the start of the seismicpMS-20e offshore,it issafe
to assume that the tectonic style of the Jeffara Plain continues offshore.
TectonicFeatures 00 the Libyan Coast
There are several hints and/or evidence of the existence of eastlwest
trending faults within the Libyan offshore area:
-interpretationof LANDSA Thotographs;
-steps in bathymetry;
-tectonic features shown by seismic profiles;
-the existence of theo-callcd "Salt Wall".
LANDSA Thotographs
On the LANDSA pThotographs(ERIM Report, chapter 4.3, Fig. 4-1) a
linear feature extending some20 kilometres in length at a maximum
distanceofabout 3kilometres offshoreeast of Zuwarah was discoveredby
ROGER St al. (1979).Their interpretation-"possiblycaused by the
growth of vegetation along a linear geological featuren-leaveopen
whether itis a tectonic or sedimentary feature.
From the illustration givenin the above-mentionedreport, the nature of
this feature cannot bedetermined. The three followingexplanationsseem
to be the most iikely ones:
( 1) a fault scarp
(2) a linear ridge of outcropping rocks
(3) a submerged sand spit.
(1) and (2) may be identical, although not necessarily. A fault scarp
may becoveredbya thin veneerofsand,thus producingonlya moreor less
accentuated morphological step.
On rocks outcropping in shailowwater (due to a harder sequence of
sedimentary banks with or withoutany tectonical imprint), underwater
vegetalionrnay forma moredensecoverof the sea bottom than on mobile
sand.
Nevertheless, thery straight coastal line near Zuara is not the typical
place foruch features; sand spits generally developat the pointawhere
straight coast is interrupted or enan ernbayment.
Inother words,the spitsare an extensionofthe coast producedby sand-
transporting currents.
ContinuousSeismic Profiles
The following seismic profiles, recorded by theO~SERVATORI~
GEOFISIC SAEPERIMENTAL (OGS) at Trieste, wereexarnined fortheir
structural and geologicalbut also geomorphologicalbearing (see Figure
8):Pl TECHNICALANNEXES TO COUNTER-MEMORIAL
insestigrtedberween general
theshopoint(S.P.No. directionof
Plate No. ProfiNo. = totadistanin km) profile
III MS-15 3780-1 (=379km.)
IV MS-17 7070-1 (=708 km.)
V MS-19 2060-1 (=IO7 km.)
VI MS-20 6150-2530 (=363 km.)
VI1 MS-21 4800-16660 (=315 km.)
VI11 MS-22 3360-1 (=336 km.)
For location of profiles see Figure 8.
(a) Profîles Parallel to the Libyon Coast (MS-17 and MS-15)
Profile MS-17 extends from about latitude 13" E (of Zuara) to the
southern part ofthe Gulf of Sirt (latitude 19"E). From the western end
of this profile to the change in directionwest/northwest-east/southeast
changing to northwest/southeast) the profile crossesthe southern part of
the Pelagian Block. Thereare only a few faults in this area (from Westto'
east: at aboutS.P.6540,6460 and 4100) al1dipping eastward. The most
eastern fault, probably, can be related to the Malta-Misurata fault line.
The subsurface(Tertiary and pre-Tertiary sediments)is rather irregu-
lar. Horizon "A", probably the base below the Pliocene sequence, shows
some relief.
Entering the Gulf of Sirt (at about S.P. 4300) the profile is rather
uniform; only at its southeast end the subsurface appearsta be similar to
the Westend of the profile. ProfileMS-15 runs alrnost parallel to MS-17,
extending from Lampedusa Island in a southeast direction. lt shows
faults, horst and graben structures, and it crosses (nearS.P. 1000) the
Malta-Misurata fault line, which hereis more pronouncedthan in MS-17.
Sorneof the faults of the subsurface end near the base of the Pliocene,
others reach to the surface of the sea bottom. These latter features
frequentty cause a step-like relief, thus indicating that they are still active.
The general character of the subsurface record is the same as shownin
the western part of profileMS-17.
(b) Projles RunningAbout Souihwest/IVortheast(MS-19, MS-20,
MS-21, M-22)
Starting wirh the mosr easiern profile MS-22 which ends at about
latitude 17" E,some 60 nautical miles off the Libyan Coast,and extends
into the Ionian Basin, it shows only onefault plane(S.P. 980). The sea
bottom gently slopes down into the deep Sirtis/Ionian Basin.
This profileillustrates verywellthe gentle down-warping of the African
plate, almost without any tectonic disturbance.
MS-21, situated parallel to the Westof profile MS-22, shows more
tectonization. At its southwest end, the base of the Pliocene/top of the
Upper Miocene/evaporites seems to be sculptured. At its northeast end
the profile reaches the foot of submarine ridge.
MS-20 crasses the Pelagian platform, an almost horizontal area which,
nevertheless, is intersected by many faults forming, in part, horst and190 CONTINENTAL sHELF [91
graben features. At its northeast end (S.P. 2800-2530) the series drop
down some 4,000 mettes to thedepth of the lonian Basin, thus formjng Ihc
Malta Escarpment, the more pronounced northern part of the Malta-
Misurata fault line. Here the features clearly show veryyoung to recent
rnovements.
ProjileMS-19 starts southeast offLampedusa Island or.the Lampedusa
High, crosses the vigorously tectonized zoneof the Malta Graben-Horst
systemand reaches at its northeast end almost to Sicily. (The interpreta-
tions indicated on PlateV are by FINETTaInd MORELLI. )his profile
clearly proves the general distensional rnovernents which pull apart the
Pelagian platform from the Malta-Sicily unit, a motion which is rather
young and still active today.
4. Geophysics
~!th&h it is not the aim of this Report to discuss geophysical data in
detail, someinformation can begained fromthe gravimetric and magnetic
anomalies of the Central Mediterranean Area.
Gravity Anomalies of the PelagianBlock
Figure9 clearly shows the limit between the Pelagian Block and the
areas to the West(Atlas Mountains) and to the south (Sahara plate):The
Pelagian Block shows positive values (white) which indicate a slight
tendency to sink. The areas to the Westand south show negativeanorna-
lies (hatched pattern) indicatinga tendency of uplifting.
MagnericAnomalies in the Central Mediterranean Area
Figure 10 shows the total magnetic field. The anomalies in it are
characterized by an irregular pattern produced by the specific rnagnetic
character of sorne rocks and sediments in the underground.
The entire Central Mediterranean Area contrasts with the area of the
lonian Sea (and the continuation into the Eastern Mediterranean basin)
by its irregularities, namely high positive values(probably due to volcanic
rocks) and only a few negative ones (probably salt diapirs).
Two important features are uriderlined by the magnetic anomalies:
-The Malta-Missurata fault line (roughly between the14"and 15" E
meridians); and
-the volcanic rocks of the Pantelleria area between Sicily and the
Tunisian main land.
Both features are related to faultingf the cratonic north extension of
the North African block.
These geophysicalobservations, the gravirnetric as wellas the magnetic
ones, clearly indicate, too, that the Pelagian Block is
(a) a part of the cratonic block of North Africa, and
(b) in a stage of subsidence, faster in the east,lower in the West.[101 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 191
III. GEOMORPHOLOCY
1. Accuracy of the Bathymetric Charts
Any geornorphological anrilysis of subrnarine areas has to be based
either on original bathymetric data or ona bathyrnetric chart.
The sources of bathymetric data are:
(a) Isolated soundingsprinted on nautical charts oinother nautical
publications. While reliability is good in near-shore areas, the
accuracy of this dataisstill rather poorinareas without position-
ing by means of visibility or radar.
(b) Original echographs (sounding records, fathographs, etc.).
Original echographs give a perfect (but linear) and continuous
picture of the sea botiom topography. Nevertheless, ihe relia-
bility of the positioning playsan important role in the accuracy
of its incorporation into a bathymetric chart.
(c) Modern restarch vessels equipped with electronic devices for
high accuracy positioning by radio waves or satellites. They
yield the most reliable base data. At present. the spacing
betweensounding tracks is stiIl insuficient incertain areas or the
data are unpublished or not yet transformed into detailed bathy-
rnetric charts.
For the Pelagian Sea. our sources of information are':
(1) Carte Bathymetrique de la mer Mediterranée, by the late M.
PFANNI:NSTIEL, G. GIERMANN, and CO-worker which
appeared in the early 1960sin Monaco. Thesecharts, printed
as nisnuscript maps. are based only on those data described
above under (a).
(7) Bathymetric Chart t:75,000by C. MORELLI, G. CANTARand
M. PISANI( 1975). Basedon the means described above under
(b) and (c), the riccuracy must be considered as optimum.
However. for the Pelagian Sea the density of information and
the intervals of the isobath contours( 100 metres) are insuffi-
cient for a detailed morphological siudy, especially for the shal-
low water areas off the Tunisian and Libyan coasls.
Nevertheless. in rernotedeep waier rireasrhisis still oneof the
best sources of data. Therefore, itwas used in cornpleting the
norlheast corner of the SOGREAH chart.
(3) Bathyrneiric Chart 1:500,000 by SOCREAHConsulting Engi-
neers, 1975 (under contract with the Libyan Government).
These data were provided tothe author inthe form of blueprints
and a photocopy ai reduced scale. As mentioned abve this
chart does not covcr the entire area:at its northeast corner it
shows no data. The methods used are those described above
under (a) and (b).
See Fig.13iora grrtphiexampleof howdifferentbalhymetricchartmay vary.192 CONTINENTAL SHELF [Ill
The accuracy isdescribed by the authors of this chart as reliable
in near-shore waters (within a zone of land control by radar).
but rather poor in remoteareas. Nevertheless. this chart, being
based on continuous echo sounding, gives a dense spacing of
isobaths and appears to be homogeneous in itself. In fact,t is
the most homogeneous and detailed of the more recent charts
and is likely to show the most detailed rnorphology. The topo-
graphie features are reported to be rather realistic. Itsaccuracy
issuflicientto about 15nautical mileoffthe land or islands; it is
less precise in more remote areas.
For the construction of a btock diagram this map seerns to be
more appropriate than the PFANNENSTIEL-GIERMA isue.
The lack of information in the northeastcorner wasealt with by
using the Italian map (see (2) above).
From some concession areas off the Libyan Coastother bathy-
metric maps were alsostudied. As these maps do not cover the
entire area under consideration, it would have been necessary to
combine this source of information with other data coming from
other sources. The result would have been homogeneity which
might have producedartificial features, and was hence inappro-
priate for morphological interpretations.
Itcannot be denied that for the areas covered by these other
maps the bathymetric information islikelytobe the most precise
and most valuable for geomorphological interpretations.
(5) International Bathymetric Chart of the Mediterranean Sea
("IBCM")': The most modern data on bathymetry and high
precision positioning methods (cf. (c)) are used in the IBCM.
The present author (member of the Editorial Board of IBCM
and responsible for some of the sheers of the lonian Sea) is
rather familiar with this issue. As the aims ofIBCM are of a
more general nature, and hence the spacing of isobaths isnap-
propriate for the present investigation, these data, still unpub-
lished, were only consulted for comparison.
2. Comparisonof SelectedBathymetricCharts
The existing problem on the accuracy of bathymetric charts can be
demonstrated by a compilation of the five following charts (cf. F~gure
13):
(1) PFANNENST~E and G~ERMAN{ NMonaco 1961)
(2) MORELLIG , ANTARand PISANI(Trieçte 1975)
(3) WINNOCK and BEA(Paris 1979)
(4) SOGREAHCONSULTING ENGINEERSu , npublished report,
(S.P.L.A.J. 1975)
'Notyetpubtished. .1121 TECHNICAL ANNEXESTO COUNTER-UEMORIAL 193
(5) INTERNATIONA BALTHYMETRIC CH ART OF THE MEDITER-
RANEAN 1:100,000 (in print)
Aftcr reduction roauniform scale of 1:100,000(Mercator projection) the
100metreand 200rnetre isobaths were selected forcomparing the reliefof
an area between Tripolis and Linosa.
The divergencies of both sets of isobaths (100 rnetre=red; 200
metre=blue) are obvious. They correiate fairly wellnear the land, Le.,off
Tripolis and near Lampedusa but show rather a large area of scattering
between the latitudes34" to 35" N.
Asa result it may be stated that only the general trend benregarded
as being correct. Especially in the middle area, minor details cannot be
approved by the narrowness of each set of lines. Nevertheless, such
details probably do existbutwe cannot be sure of their exact location.
Also itis not possibletodiscard anyof these charts either on the base of
the methodç used in constructing thern, or by the yeofpublication. In
some regions the oldest chart (PFANNENSTIEL et al.1961) fits rather
perfect withyounger ones,or the most modern IBCM chart lesswellto the
rest.
For the purpose of a geomorphological interpretation, the confirmed
existence ofa given feature and ils outlines are more important than its
exact location. Therefore, each of these maps may serve as a base map,
providedthe isobaths are narrow enough (10metres to 20 metres distance
of water depth) to show any relief being within thisder of magnitude.
A combination of two or more maps does not yield better results.
3. The PelagianBlock and itsSurroundingAreas
Forces Fornting the RelieJof the Land und Under the Sea
The forces forming the rnorphology of the sea-bed differ to a certain
degree from those which form the landscape. In both realms, the type of
rock thai cropsoutat the surface,as a resuofthe tectonic deformation of
the strata. dictates the topographic forms. This relief has beensculptured
largely by erosion. a force which works principally under subaerial condi-
tions, but alsoat the shore line, and. to ar degree, under water. The
latter caseis especially irue in areas of strong lidal and other currents.
Ass~atedabove. the present shelf area under consideration has beendry
land several limes at the various low sea-level stages durthe last one
million years. Hence, much of the morphology lyingin this offshorezone
is land-derived.
Incontrast to this. accumulation or sedimentation has mainly an equal-
izing effect to the landscape or sea bottom. Especially in an offshore
environment without steep relief any preexisting sculpture is levelled by
recent sedimentation. Therefore, in an area geologically comparable
above and below sea-level, small scale features are generally more pro-
nounced on land than under the sea. Tectonic features of major extent
can be detected under the sea mainly by constructina bathymetric rnap,194 CONTINENTAL SHELF il31
similar to an air photograph of the land. Yetone has to keepin mindthat,
even today, the accuracy of bathyrnetric charts is still much lower than
that of a topographic map on land, at comparable scales.
Large Scale Morphology oJ the Sirt Ernbayrnent
Off Libya we can distinguish two large areas of different rnorphology.
The dividing lineis forrned by the Malta-Misurata Escarpment. To the
east of this line,.e., the Gulf of Sirt. the sea bottorn slopes downrather
continuously intothe Sirt Basin. The shelfarea downto about 200metres
doesnot extend very far to thenorth. A distinct shelf break doesnot exist.
Therefore. merely from this situation, one is tempted to postulate a very
recent subsidence of an extended former shelf. In fact, the Malta-Mis-
urala Escarpment is interpreted by most investigators as a very young
feature, probably less than 5 million years old.
The Pelagian Block
To the Westof the Malta-Misurata Escarpment the area is conspicu-
ously lessdeep, forming the so-called Pelagian Block. Itextends to Sicily
in the north. The only feature of importance is the Pantelleria-Malta
Trench system dissecting the Pelagian Block into two shelf areas. the
smaller Sicily-Malta platform to the northeast and the larger Libyan-
Tunisian shelf sea.
The southern and western limit of the Pelagian Blockextendssomewhat
into the land areas of Libya and Tunisia, respectively. The Jeffara Plain
to the south as wellas itscontinuation to the north (i.e., the east Tunisian
plain to theeast of theAtlas Mountains) isan integral part of the Pelagian
Block.hence a part of the Saharan platforrn, which is dueto the African
plate.
The Atlas ranges extending to the Westand northwest of the mentioned
Plain, belongto a different unit by their geologyand morphology,namely,
to the Alpine Mountain range of Tethyan origin.
Bymorphologicalreasoningonecan interpret the depression (belowthe
sea-level) west of Gabes as the natural continuation of the Tripolitanian
Coastline to the west.
This understanding coincides with the general geological trends of
North Africa during Mesozoic time. Furthermore, the Atlas Mountain
ranges are,as a matter of fact, an accretion pushed from the north (Tethys
area) on to the African continent.
The morphologyof the Pelagian Sea shows the foilowingmajor features
(from south towards north):
(a) An east/west running depression (forming the Gulf of Gabes)
whichslopesverygently towardseast to east/southeast (Gabes-
Sabratha Basin; Tripoli Basin; etc.).
0fT the coastal sector between Zuara and Tripoli the sea bottom
slopes alrnostinvisiblyin a north to northeast direction (merely 1141 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 195
0.08-0.3" T).e slopeof the talwegat the center of the depres-
sionis0.03" at the Westend of the Gulf; it increasesmore tothe
east (north ofTripoli) to values of about a tenth of a degree
(0.1O). (See Figure 11 .)
@
This morphologyis so gentle that it is very difficult to demon-
strate without any vertical exaggeration.Hence, al1graphics
have to exaggerateitmore orless,a fact whichmust be kept in
mind.
(b) The Pelagian Platform situated east of ihe Kerkennah Islands
slopes gently to the east, reaching a water depth of only 100
rnetres at an east/west distance from the coast of about 160
kilometres (i.e., at an angle of only 0.036"). the north the
Pelagian Platform drops rather steeply (3") off Lampedusa
Island into the Pantelleria-Linosa graben system.
The rnorphologyofboth features, the Tripoli Basinaswellasthe
Pelagian Platform, is so extremely gentle thal, rnorphologically
speaking,both areas can be consideredas almost peifect plains.
Therefore, to demonstrate these features graphicallyone has to
exaggerate the vertical scale.considerably.
(c) Graben-like Depressions Within the PIaqorm
There are several large notches orindentationon the platform
running in a northwest/southeast direction. They have ken
called by French Geologists "Fossede Zohre" and "Fosse de
Jarrafa." In general they start at a water depth between 100
and 150metres. Theyare rather straight, dipping withan angle
of about 0.1 to 0.3" toward the southeast. They are filleday
thick sequence of unconsolidated and consolidated sediments.
These feeblestructures have been termed "submarinecanyons".
This term seems inappropriate becauseof their unanimously
accepted tectonicnature,thus contrastinto submarine canyons
which are considered to be mainly of erosional origin. As a
matter of fact, these grabens cannot be compared with such
submarine canyonsas thoseoffthe Ligurian coast ofFrance and
Italy.
(d ) The Sysiem of the LargeSourheasf/NorrRwes~Grabens
Belween the Pelagian Platform in the southwest and the shelf of,the
Malta-Sicily-Adventurebanp klatform the sea bottom iscut bya systemof
grabens produced by faults running parallel in a southeast/northwest
direction. They belong to the large graben-horst system which extends
Farinto Africa via theSirtbasin.
The entire system is a tectonic feature of major importance.Itstec-
tonicstyle istypicalof a fracturing continental block,thus underliningthe
extension of the African plate to the nortat least as faras Sicily.
The geologicalreason forthis tectonicfeature isthought be a drifting
apart ofboth sides: the Sicilian-Malta fragment of this formerly united 196 CONTINENTAL SHELF il51
blockmovesin a northeast direction, whilethe Libyan/Tunisian southwest
part stays with Africa. This (lateral) distension causes the breaking
down of the grabens, a movement which in detail is very complicated.
4. GeomorphologicaS l tudies
The geomorphological studies are based on:
-Bathymetric charts of various sources, in part especially con-
structed for the present study after nautical charts.
-So-called block diagrams (based on the information on the
SOGREAH bathymetric chart).
(a) The Kerkennah Region
KerkennahIslands
The most striking feature of the Kerkennah Islands is their straight
southeastcoast running inan approximate southwest/northeast direction.
This directionisalmost paralleled by the isobaths lying tothe southeast off
Kerkennah.
The smaller island of Kerkennah has a southwest coast which trends
rather straight running from southeast to northwest. But here, the
isobaths do not follow this direction. Nevertheless, this south-
eastjnorthwest direction is repeated by several embayments and
promontories.
In conlrast to these straight coastal lines,al1other coasts of Kerkennah
are deeply indented,showingpromontories and other irregularities, proba-
bly due to a less uniform resistance against erosional attacks.
The KerkennahChanrtel,lying betweenSfax and Kerkennah, isa linear
depression (formed by several small depressions) slightly curved to the
eastat its north end. These "holes", frequently 10to 20 metres belowthe
general surfaceof this shoal area, are very conspicuous. Their Formation
must be due to a tectonic line of some importance. The "holes" them-
selvesare, perhaps,a sort ofdoline formation, thus implyinga soluble rock
(lirnestone or even evaporites) in the subsurface. This hypothesis also
implies a young age with some activity of dissolution still going on.
The so-calledKerkennah High orKerkennahUplift is a veryambiguous
name. Some authors useit for the large updoming feature to the east of
@ the Kerkennah Islands (cf. BUROLLET1,967:see Fig. 4). Others, Mrs-
SALLATJ et al.(1979)as wellas WINNOCK and BEA (1979), considering
mainly the isobath contours, extenditina northeast direction more or less
parallello the direction of the Kerkennah southeast coast.
From this point of view it is possible to combine both the Kerkennah
channel depression and this northeast extending Kerkennah uplift, as
related tectonic features. The indented valley-likefeatures running more
or less normal to the isobaths at the southeast to northeastside of the
Kerkennah uplift probably are submerged valleys formed subaerially,
whenthis part of the shelf wasdry land during the stages of lowwater level
during Quaternary time.[l61 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 197
The age of the separation of the Kerkennah Islands from the main land
isnot clear. It is possiblethat the feature of the Kerkennah channel is an
oldone. On the blockdiagrams, evenat a vertical exaggeration of 50, the
morphology is not conspicuous. Here, the dominant feature is the gentle
doming to the east of Kerkennah, a feature which is called by WINNOCK
and BEA(1979) the "Plateau Tunisien".
(b) The Djerba Region
While the region of Kerkennah seems to pose fewproblems, the situa-
tion of Djerbaappearsmore complicated.
To the east/southeast off Djerba, i.e., north of Zuara, we find the so-
called "Salt Walls", diapiric structures running more or les~ in an
east/west direction. In its prolongation to the West(southeast offZarzis)
wefindsomecontours which protrude into this general direction (see also
tectonic lines on Figure 6, crossirigthe peninsula of Zarzis and the adja-
cent promontory to the northwest ).
As drilling on Djerba did not prove Triassic salt, a direct connection
with salt-diapirism carinot be substantiated. On the other hand, the exis-
tence ofthe "Salt Walls" ineast/west prolongation of Djerba proveimpor-
tant tectonic features (which are used by the salt to migrate upwards).
Therefare, the morpho-tectonical situation around Djerba and the adja-
cent mainland seems to be influenced by structural factors.
It issafeto state thai
-Djerba is an erosional relict of the African mainland; a sinking of
the sea levelof merely 10 metres would transforrn the entire area
into a peninsula;
-the generaldirection of the coast line between Tripoli and Gabesis
interrupted by the Djerba complex.
(c) Salt Features
Near the Tripolitanian coast, there are some local features with a relief
still very gentle but nevertheless somewhat more accentuated than
described above. These features are due to salt-tectonics which result
from existingSaltlayers in the underground and fault systems crossing this
salt.198 CONTINENTAL snELF 1171
IV. RESULTS AND CONCLUSIONS
1. ~Vaiure of the PelagianSheif
As regards geolagy and geomorphology, the area under consideration
covered by the Pelagian Sea is one single shelf area which teaches
-io the east to the Malta-Misurata fault line;
-10 the northeast 10 the depressions formed by the rift system
(Malta trough. Linosa trough, Pantelleria trough. etc.) running in
a southeast/northwest direction.
On this shelf area, there are no morphological features of major impor-
tance (i.e.. of large extension and of pronounced and steep relief) which
could form natural boundaries. Hence, there are no morphological rea-
sons to connect this shelf area exclusively to the western (i.e., Tunisian)
Coast.
This staterncrit is not only true for the present tirne, but has to be
considered correct for the geological past, at least about5 million years
ago (end of Miocene time), when the uniformity extended even farther to
the north and the east.
2. The shelf area to the north of the Libyan mainland is the nalural
prolongarionof the Libyan mainland (i.e., of North Africa). This
can be proved by the
(a) patterns of sedimentaiion (cf. Chapter II, 2):
(b) patterns and styleof faults identical to thoson thc Jeffara Plain
(cf. Chapter 11.3) and the North African plate in general;
(c) uniformity of morphology of the shelf area to the nor~hof the
Libyan Coast.
On the other hand. ilcannot be denied that geologicalrelations between
the Tunisian coastal plain (Sahel) and the Pelagian shelf area exist.
They are in respect to (b) and (c) of similar nature as the relations
between the Jcffara Plain and the Pelagian shelf.
Nevertheless, if the influence by (weak) tectonism coming from the
Atlas Mountains could be called a typical "Tunisian" fealure, one can
safely argue that most parts of the Pelagian area-being not tectonized in
this way-have a more "Libyan" or typical North African style.
3. The important influence of the southeast/northwest trending North
Africa~tr$ system, coming from the central Libyan mainland via theSirt
Basin and extending into the Pelagian Block,is another strong argument
Forthe connection of geology and structural patterns between Libya and
the Pelagian Block. Reasons for the Sirt rift system being a typicalorth
African tectonic feature are:
-This rift systeni, composedof grabensand horsts with its associated
faults,sthe result of a cratonic (i.e., continental) block beingsplit
up into two neighbouring units. It is not the style of either an
oceanic crus1rifting apart, or of a rnountainrange of Alpine tec-
tonic style, as is the Atlas.[lg] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 199
-This rift syçtem originates in the central areas of Africa and
extends to the end of this plate, samewhere in the vicinity ofthe
Strait ofSicily.
-Geologically seen. this effect is not a "Mediterranean" rifting syç-
tem originating in the north and influencing the African plate.
4. In respect to baihymetry and morphology, the sea bottom of this part
of the Pelagian Sea has to be considered more as a vast plain than a
sculptured submarine "landscape". As a matter of fact, in this area, even
for very large distances, the vertical differences areosrnall that they can
only be demonstrated by important vertical exaggerations.
On the Pelagian platform there are, nevertheless, areas which show
5.
some extended but jeeble updomings,depressions and linear norches.
They are known as banks or shoals, as basins or troughs, and as valleys,
respectively. The origin of these features is mainly dueto tectonic move-
ments of the subsurface, and only to a lesser degree also to sedirnentation
or erosion.
In areas where sedimentation is slower than subsidencea depression of
the sea bottom will develop; in areas of uplifting only erosional forces
could prevent the formation of a positive relief.
6. The relationberweenthe shelfarea andtheLibyanlaadmassimmedi-
ately io the south (JefTara Plain) is substantiated by rectonic and sedi-
mentological facts:
(a) in both tireas the tectonization is identical (block faulting with a
predoniinant east/west extension and a general sinking, faster in
the north and slower in the south);
(b) at certain periods. the sea covered the coastal land area as well as
the sea, and at other timcs withdrew from the present near shore
area into regions now covered by more than 100metres of water.
At each episode of sea levcl fluctuation the coast line of the Arrican
continent changed to some extent duc to its morphology. Nevertheless,
considering the geological history as a whole, the shelf of North Africa
was niainly exposed to the north of the African plate.
7. . During geological history the present Easr Ttrnisioncoasr did no1
always exist (cf. Figure 3). Tunisia as a whole is much influenced by the
rather Youngformation of the Atlas Mountains and with it the east coast is
regnrded as 3 rather young formation. too.
It is safc to say:
-The easi-southeast/west-northwest direction of the western Lib-
yan coast isolder than the norih/south trend of the Tuoisian coast;
and
-a continuation of an cast-southeast/west-northwest running coast
into the Tunisian land has not been merely an unusual local and/or
temporary feature.
8. The gentle sfoping rorheEa.v of rhePelagianBlock is also a young
feature. ASindicated by geophysical data, the present Gulf of Sirt must200 CONTINENTAL SHELF
have been.a shallow sea some 5 million years ago, a situation comparable
to that of the present Pelagian Sea. At that time the deep basin of the
lonian Sea subsided, dragging down the Sirt basin and the eastern rnargin
of the Pelagian Platform. The latter could not keep Pace with the subsi:
dence of the lonian Sea and reacted by fracturing, thus forming the
Malta-Misurata fault line.
9. The reartion of rhe adjacent main lands tu the strbsidence of large
basins was different in difierent places: In the Sirt area, the Gulf of
Sirt sloped down forming now a ramp between the lonian basin and
the African continent. To the Westand south of the Pelagian Block
(i.e.. Libya and Tunisia) there was (and still is) a tendency for an
uplifting of the continental area at the fringe of this block, thus
compensating the masses subsiding within the marine realrn.
10. Concerning the connecrionbetween the Tunisiamlandmass and the
Pelagian Block the following relations exist:
(a) The Sahel plain is, like the JeKara Plain, a part of the Pelagian
Block. To this extent, there are close connections between the
eastern Tunisian landmass and the Pelagian area.
(b) The landmass to the Westof the Pelagian Block, i.e., the Allas
Mountains of thecentral Tunisian territory and their foot hills (to
the Westof the north/south running fault line "N/S dorsale").
are geologically different. Both show diflerent tectonic styles
connected with the origin of the rnountain ranges which have been
pushed from the north to their present situation. Before the
formation of this alpine belt, the area to the Westof the Pelagian
Block was-al least most of the tirne-a shelf area to the north of
the African plate, too. There was no north/south trending Coast
of the main land in the Tunisian area.
In contrast to this, the area to the south of the Pelagian Block
(i.e.. the Saharan platform) has always played the role of the
south continent in respect to its adjacent north shelf, now the
Pelagian Sea area.
(c) The north/south fault axis ("N/S dorsale") dividing Tunisia into
two geologically different regions is a feature which had already
played an important rolc before the formation of the Atlas Moun-
tains. This feature crossed the east/west running African shelf in
about a north/south direction, forming an area of lowsubsidence
and small accumulation of sediments.
AI1these facts underline, on the one hand. a loose Iink between the
Pelagian Blockand the Tunisian central main land and, on the other hand,
a close connection between the Pelagian Block and the Saharan platform
to the south.
Il. The Pelagian Block was a shallow woter area at least for about 7 to
IOmillion years. Before this time it was also flooded by the sea most of
the time, but even then, it never was a deep sea in total.Po] TECHNICALANNEXES TO COUNTER-MEMORIAL 201
Ai the present lime we can distinguish on the PelagiaBlock areas of
slower and of faster subsidence, the heights or banks and the depressions,
basins and valleys, respectively. The Islands of Djerba and Kerkennah
are partof tectonic features withno or only veryslow subsidence. Low
sedimentation due to tidal currents (important in the area of the Gulf of
Gabes) and caastat abrasion, on the one hand, and silting up in protected
areas, on the other hand, are responsible for the actual form of those
islands and shoals.
12. Djerba and the Kerkennah Islands are both unique features in
regard to the entire North Africao coast, whichelsewhere is lacking any
near-shore islands. Their existence can be attributed to the coincidence
and superimposition of several geological features favourable to the for-
mation of promontories and near-shore islands: in the Djerba area for
instance. the combination of fault lines and salt deposits in the under-
ground form regional rising areas; the Kerkennah Islands are situated at
the cross point of the northeast/souihwest oriented "Kerkennah Upliftn
and the more westleast trending gentle uplift between the area to the
north of Sfax and the Medina Bank.
13. The Gabes-Sabrarhabasinis a gentle depression to the north of the
Tripolitanian coast. At the western end this basin forms the actual Gulf
of Gabes. West of Gabes the depression of the chorrs separates the
Saharan platform from the Atlas Mountains. Although near Gabes the
geological situation does not direcily form a conneciion between both
depressions. both features are similar or analogous in respect to their
situation to the Saharan platforrn and their tectonic style as shallow but
extended basins with altitudes below sea tevel.202 CONTINENTAL SHELF Pi]
V.'SELECTED BIBLIOCRAPHY .
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BUROLLEeT t al.(eds.)(seebelow). 1979, pp. 50-59.
BIELYA , ., BUROLLET P,. F. and LADIMIT , . (1973): Etude géo-
dynamique de la Tunisie et des secteurs voisinsde la Méditerranée.
Notes du Service géologique de Tunisie,1973.
BOLTENHAGE CN.,,CHENNAUX G,. and ESQUEVIK J., (1979): tes
constituants lithologiques. In: BUROLLEel al. (eds.) (see below);
pp. 111-115.
BORSETTA I, . M.,COLANTON PI.,and ZARUDZKF IK. (1974): Note
strutturali e stratigraficheCanale di Sicilia. Mem. So.Geol.lt.,
Vol. 13 (9), pp. 221-252.
-( 1975):Seaward extensionofsomeNorth African and Sicilian struc-
tures and sediments. Rapp.Comm.int.Mer.MédiV t,l.23 (4a), pp.
105-106, Monaco.
BUROLLEP T., F. (1967): General Geology of Tunisia. In: MARTIN
(ed.) (see below), pp. 51-58.
BUROLLEP T., F. (1979): Résumésur la géologiedes régionsvoisins.
In: BUROLLE Ttal. (eds.(see below), 1979, pp. 23-27.
BUROLLEP T., F.,CLAIREFONP D.,and WINNOCK E,. (eds.) (1979):
Géologie méditerranéenne. La mer pélagienne. Annal de
l'universitéde Provence, tomeV1, No. 1, Marseille.
CASTANY G,.( 1955):Lehaut-basin Siculo-Tunisien-étudede rnorpho-
logie et de géologiesous-marines. Bull.Stat. Oceanogr. Salarnrnbô
(Tunisie) Nr. 52, pp. 3-17.
FABRIC~UF S.,H., BERDAUD , . and M~NNICH ,.-O 1970): Early
Holocene ooidsin modern littoral sands Reworked fromcoastal ter-
race, Southern Tunisia. Science, Vol. 169, pp. 757-760.
FABRICIUS F,. and SCHMIDT-THOM PE.,(1972): Contribution to
Recent sedimentation on the shelvesof the southern Adriatic, lonian
and SyrtisSea. In: D. J. STANLE(Yed.):pp.333-343.
FINETTI 1.and MORELLG I,. (1973): Geophysical exploration of the
Mediterranean Seas. Boll.Geofis.Teor.AppI.,Vol. 15 (60), pp. 261-
341. Trieste, Udine.
GHELLALIS ,. M. (1977): On the Geologyof the Eastern Yeffara Plain,
North West Libya; Ph.D. thesis, Victoria University. Manchester
(unpublished).
LACOMBE H,.(1975): Apercus sur l'apport à I'océanographysiquedes
recherches récentesen Méditerranée.Newsletter of Coop.Invest. in
the Mediterranean. Spec.Issue Nr. 7, pp. 27-111,Monaco.
MARTIN,L. (ed.) (1967): Guidebook to the Geology and History of
Tunisia. Petrol. Explor.Soc.of Libya; 9th annual field conference.
MISSALLAT AI.,A. and HAMMUDAO , . etal.( 1979): A study of the
Libyan-Tunisian continentalhelf. Unpubl.technical Report Nr. 1.
MORELLC I,. (1975): Ceophysics of the Mediterranean. Newsletter
Coop.1nvest.MediterS rpec.ess.e Nr. 7, pp. 3-25, Monaco.v2] TECHNICALANNEXESTO COUNTER-MEMORIAL 203
MOKI~LI-1 ,..GANTAR. C.and PISANI.M. ( 1975):Bathymetr~Grav-
ity (and Magnctism) inthe Straiof Sicily and in the loniSea.
Boll.Geofis.TeoredaApplicataVol.XVII,Nr. 65,pp. 39-58,Trieste.
ROGERS, R. H., LYZENL~AD . ., WA~.S~I,M.. OTT, J. and MORRIS-
JONCS, D. (1979). LANDSAT off SILO~tudies alang thwestern
Coastof Libya. ReporNt. IF 30700,Environmental ResearchInsti-
tuteof Michigan (ERIM), unpublishcd.
RUL;C;I~~R EI,(1967):The distribution of land arotheTethy sea
andits bearingon modern plantdistribution.C.G. ADAMSand D.
V. AGER (eds):'Aspects of Tethyan Biography. The Systematics
Assoc.. public. Nr.7, London.
SCIIUSTEK. J.-M. ( 1977): Essai de reconstitution de l'histoire géo-
logiqueet structurale de Méditerrané ccniralc. Rev.1.F.Vol.
XXXII. Nt. 4,pp. 527-543.
STANLEY, D. J. (cd.) (1972): The Mediierrancan Sea. Dowden,
Hutchinson &. Ross.Stroudsburg, Pa.
SYMPOSIUM (1978): Second symposium on thc Gcology a[ Libya
(Sept. 16-21, 1978, Tripolis). Abstracts, University of Al-Fateh.
Fnculty of Science.Geology Departmeni.
WISNO C.-in.BL:.AF.((979): Struçturdc lanierPélagienneIn:
BUROI-LET etal. {rds.)1979, pp. 34-40. CONTINENTALSHELF
* B.Sc..Ph.D..QueensUniversity.Belfast.[II TECHNICAL ANNEXES TO COUNTIR-MEMORIAL 205
1. Introduction
The validity of Tunisian clninis that an east/wcst geological trend, as
defined by structural and sedinicntological phenomena within Tunisia,
rnay bc projcctcd far out into thc Pctagian Basin is examincd. The
geologicaldata as presented in the Tunisian Memorial arc assessed as such
and then compared with data of risimilar nature from other parts of the
geological column. The results of this study are thcn evajuated on a
rcgional basis with particular cniphasis being placcd on the
teciono/sedimeniolo cvoilutln of thc rclcvant area of North Africa
sinc:: Triassiciimes.
2. (;I<oI.~(;IcAI.THENI)S AS INI)IC~\'~'CB:IYFACIES ANI) ISOPAC~I ~IAF'S
ANI) S.I.RA'I'I(;RA I'IISE^-IONS
A. Facics Maps, Isopach Maps and Stratigraphie Sections -Tunisian
Mcmorial
(i) Tl~riisiarAitjrr
Thc purpose of the Tunisian Mcinoire is to cstnblish thai the offshore
geologyof the Pclagian Basin isü "nalurai prolongation" of thc gcological
situiition pertnining onshorc. P;iriicul:ir stress is pliiccd on the csistence
onshore of cast/wcst trcnding soncs which, itis maintaincd. arc char.1-ter-
izcd and ciisily rccognized by a conibination or both structural and scdi-
mcniological phcnonicna. Thc zuncs arc:
1. Northcrn Tunisia. cxtcnding (rom thc ivcstcrn Mcditcrriinean to
around Iiititude 36"N, chrirtictcrizcd by scdimcntary dcposits of
"extraordinary thickncss".
2. Ccritral and castcrn Tunisia, lying roughly bctwccn thc Irititudcsof
36" and 34" 15'N.çharactcrizcd by a series of "riiolcs" or uplifts. Thcse
uplifls arc considered to have rinc;ist/wcst aligntiicnt and are iypically
;ireas of rcduccd or non-scdimcntation.
3. Souihcrn Tunisia. lyirig roughly betwcen thc Irititudcs of 34" 15'
and 33"iV.charactcrizcd by iiscrics of dcprcssions or basins which arc
again considercd to trcnd to cast/wesr and to bc sitcs of thick scdimcntary
dcposiis.
3. Saharan Tunisia. which lies to hc south of thc 33rd parallel and
which is charactcrizcd bythinncr and "quasi-horizontal" scdimentary
deposits.
In addition to the easi/wcst trcnding 7.oncs. ihc presence of ri
north/souih trcnding axis of uplift is rilsorccordcd but, in cantrast to the
stress laid on the aforcmentioncd structures,this axis isapparently consid-
cred to have only a minimal effeci in controlling cither the tectonic styles
or sedimentaiion patterns in the arcn.
The whole approach of the Tunisian Memorial is. therefore. one which
strongly advocates the overwhelming irnportancc of thc east/west trend
and the "case" with which it can be traced offshore far into the .Pelagian
Basin. lri addition, ii is staicd that this trend is recognizable, not only at
the prcscnt tirne, but that it has playcd an important role in the geological
development of the region even since "rernote times". 206 CONTINENTAL SHELF (21
1
Itshould be made clear that the present author does not dispute that an
"cast/westn trend exists. What is in dispute is that the importance ofthe
trend in terms of the teçtonicand scdimentary history of the region, both
past and present. appears to the present author to have been overstressed.
It wilIbeshown that the "east/westWtrendoccurs only locallyon mainland
Tunisia and changes direction markedly when followed westward and
offshore. As such. the following paragraphs analyse the Tunisian thesis
on the significance of the "eastjwest" zonation, not only in terms of on-
shore interpretations but also in terms of presumed projections off-shore.
It will be shown that there are other trends of equal and often greater
importance, trends which are clear frorn the data as presented in the
Tunisian Memorial. Recognition of these can be substantiated from
examination of additional data from other parts of the stratigraphic col-
umn in Tunisia and northwest Libya.
(ii) Presrntation of Data
The data which the Tunisian authors maintain strongly indicate the
east/west "natural prolongation" of Tunisia into and onto the Pelagian
Basin area are presented in the form of:
Isopach or equal thickness maps: Cartes 4. 5, 6;
8 Ceological/structuraI/crossC -sartct7iondsFigure 5.21;
, Facies maps: Cartes 8 and 9.
With the exception of the cross-sections which. as presented in the Tuni-
sian Memorial. are almost incapable of interprctation (sec below for
comments), the present author has re-drawn Cartes 4. 5, and 6 (sce
Figures 2. 3, and4) as an aidIO illustration of alternative interpretations.
Before proceeding to a structural and sedimentological analysis of the
Tunisian maps in the sense of what thcy are meant to represent in terms of
the Tunisian interpretation, some general points on the presentation of
these diagrams are worthy of comment.
(a) %ontouring of diagrams
With regard to Cartes 4, 5, and 6 which make use of contouring to
illustrate variations in thickness of the sediments. several points are
apparent:
The contour interval is not noted in the legend
(i)
(ii) Although most of the contours are given a value. some are not,
e.g., Carte 5. Here. although it is likely that the unnurnbered contours
have values which are progressive, this is not necessarily the case.
(iii) In Cartes 4 and 6 the contour intervals are not constant, e.g..
Carte 4 -contours are spaced 0,50. 100. and 200, and in Carte 6 - 0.100
through to 600 from where the intervals increase in the order of 200.
The sum effect of these points isto make the maps difficult to read and,
in respect of point (iii), to rninirnize the significance of some features.
The density of contouring servesto bring out the importance of thick and
thin deposits as is illustrated by a simple if extreme example such as
Figure1,whichshowsthe same area contoured at varying intervals. In A. [3] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 207
the thick area X is not so apparent to the eye as it is in B,where constant
contour intervals are used. This effect is even more obvious whenCartes
4, 5, and 6 are re-contoured as shown in Figure2 s, 3, and 4.
(b) Locations of boreholes
In respect of Tunisian Carte 7 and Figure 5.21, which purport to
I represent the same sectionof the offshorearea, the followingpoints should
be considered: In the offshore section, the borehole KSAR 1 as shown in
the cross-section is not recorded on the locality map. The position of this
borehole isimportant sinceit isplaced on the peak of the "moles", a major
point in the Tunisian argument. The position of the borehole can of
course be "estimated" and examination of Cartes 4, 5,6, and 7showsthat
there is a borehole at .or near the estimated locality; however, here it is
labelled XSAR 1. Whilethis may be a cartographical error-a pmsibil-
ity. considering that in the seriesof boreholes shownin "detail" in Carte 7,
KSAR 1would appear to be synonymous with XSAR 1as shown on the
locality map-care should be taken in accepting it as such. For example,
in an area which has been aRected by block faulting of the horst-graben
type such as the Petagian Basin has been (Winnock el al. (1979)- Bel-.
laiche et al. (1979) ), a few tens of metres variation in the siting of a
borehole can make the difference between passingthrough vastly different
thicknessesof sedirnent, thus affecting the geologicalinterpretation of the
area.
It is also worthy of note that, although al1 other boreholes are
recorded on the locality map in Figure 5.21, the positions of neither
borehole SEMI, which lacates the positian of the "mole" axis in the
onshore section, or borehole ALY1,which locates the deepest pointof the
"zone des dépressions"in the offshoresection, isrecorded inCartes 4, 5,6.
or 8. (No borehole locations appear at al1on Carte 9.) It would seem
that the "confusion" in location and naming of boreholes might be signifi-
cant. particularly when it isconsidered that those in question are of prime
importance in defining the "axes" of the highs and lowsso critical to the
Tunisian argument of east/west trending structures. Indeed, the signifi-
cance of the locations is even more clearly brought out in the Nota to
Figure 5.21where the boreholes mentionedaboveare specificallyrecorded
as central to the establishment of the structural pattern.
(c) Depiction of stratigraphical and structural relationships
A second point involvingFigure 5.21 is the fact that the manner in
which it isdrawn makes itdifficultto read, even to the degree thatat first
appraisal it is in many senses misleading. This iç due to the following
reasons:
(1) The two cross-sections, one onshore and one offshore, are pre-
sented as a means to show that the overall situation of alternating struc-
tural "highs" and "lows" is closely comparable. (It has already been
noted above that the positions of the boreholes which delineate the posi-
tions of both "highs" and"lows" are not recorded on the location maps.) 208 CONTINENTALSHELF Pl
In the diagramsthe authors have selected the top of particular geological
formations as a basis on which to establish the structures.hese forma-
lions are:
a. Top of the Ain Grab Formation. Miocene. (1)
b. Top of the Abiod Formation. Upper Cretaceous. (2)
c. Top of the Zebbag Formation. Lower Cretaceous. (3)
d. Top of the Serdj Formation. Lower Cretaceous. (4)
They also record the base of the Serdj Formation as horizon 5.
The problems involved in interpreting the diagrams are as follows:
In the onshore section asshown in Figure 5.21, the shading pattern used
below horizon 5, i.e., the base of the Serdj Formation, is the same as that
used to indicate the interval to the top of the Serdj Formation in the
olfshore section. As such. the pattern as used in the offshore section
obviously includes the Serdj Formation. The point which cornes to mind
is, why leave out the Serdj Formation boundaries in the offshore section
when it can be seen from Carte 7 that both the top and the basc of the
formation have been recorded in offshore wells? Although the develop-
@ ment is thin and therefore not easy to depict on the scale of Figure 5.21,
there would appear to be no good reason to confusethe rcader in terms of
interpretation of thediagram by not indicaiing this fact, if only by use of
an explanatory note to Figure 5.21.
A comparable problern involved in interpretation of these diagrams is
the fact that, whereas the top of the Zebbag Formation is clearly deline-
ated in Figure 5.21, the formation is not denoted in the detailed borehole
sections, Riccio 1to ALY 1. in Carte 7.
While it is accepted that recognition of particular formations can be
difficult inboreholes, due to paucity of data and problems of identification
inherent in facies changes, sediinentary breaks, etc.,s strangc that the
linè shown withsuch authority in the "sketch" section of Figure 5.21,i.e..
top of the Zebbag Formation, is not easily determined in the detailed
sections of Carte 7, and that the top and base of the Serdj Formation,
clearly depicted in Carte 7, should not be shown in Figure 5.21.
(2) Itshould be made clear at this point that the confining horiz1-s
5, used in the construction of Figure 51.involvethe grouping of geologi-
cal formations. Horizons 1 and 2 enclose a nurnberof formations, or
equivalents of those formations, which have been recognized in various
areas of onshore Tunisia (Bishop 1975). As such it should be realized
that the attitudes of the defining horizons as selected for the construction
@ of Figure 5.21 display the structural relationships of those horizons one to
the other only. There is no information as to the complex interplay which
could occur in the relationships between each ofthese horizons and inter-
vening ones. related to other formations, in response to variations in the
intensity of structural movement and sedimentation rates.
(iii) Facies Maps
The facies maps, Cartes 8 and 9, do show a general east/west trend in
thefacies patterns. This is to be expected, since it is this trend which the TECHNICAL ANNEXES TO COUNTER-MEMORIAL 209
Tunisian Memorial seeks tocstablish. It is,however, possible to show that
the facips patterns are more sophisticated than proposed. First of all, it is
quite clear that the patterns in both maps are the rcsult of at least two
major conirols. The generur lasf/wesr frcnd is rentiy onr in which an
east/norrhaast to w~st/southwrst orientation "~swings" in10 un east/
southeast towrst/northwesr trend acr».ssa (ine whirh is rquivalent IOthe
trend of ihe "north/soufh axis". The presence or this axis of uplift has
also had ü profound ckct in causingthe northerly progression of shallow
water facic.~. This is an important fcature in ihat it causcs the fLcirs
boundaries to assume an arcuurr pattern. Whilc itisadmitted that Carte
9 shows that the axis has played only a minor role in controlling facies
patterns (in conlrast roCarte 8 where the effects armore obvious), itwill
be shown below that the Jucirs pattcrns as presented in the Tunisian
Mernorial arc not typical of the Mcsozoic successionin Tunisin as a whole.
Ir would seem to the prcscnt author that these two maps were carefully
selectcd as exampleswhich would bcst display "the eastlwest trend".
An additional point involving the presentation of the data in Cartes 8
and 9is that thcrc arc no details on Carte9as to the criterion which the
various sub-divisionsof the sediments have been bascd. Incontrüst, Carte
8 involves the use of the''jaciu.triangle" and shows clcürly the rela~ion-
ships between the end membcrs of that particular triangle. Hcre can bc
sccn a pattern in which ihere is an overall increase in clay content and a
concomitant decrease in carbonatc and evaporite in a northerly direction.
The overall pallcrn isin~erruplcd by rcpetition ofcarbonate rich sediinent
along a line raughly equivalent to the southern edge of the "zone des
Moles". In effect, although one tan read hcre the emccts of structural
control on sedimentation, the data are valid only in a compositional sense
and in Fact tell the relidelittlebeyond this. A meaningful analysis of
such a diagrarn would only be possible if one could assess the lype of
carbonate, clay, etc,, in termsof environments of deposition. Neverthe-
less, the repetition of carbonate rich sedirnents across the area does sug-
gest a return roshallow waier environments, a reversw ahlich may well be
structurally significant.
(iv) lsopach Maps
(a) Northern Tunisia
It is staied in the Tunisian Memorial that northern Tunisja isthe site of
sedimentary deposits "characterized by their extraordinary thickness,
which lends them an afinity with sedimentary basins of the deep-sea or
geosynclinal type" (paragraph 5.65).
Scveral points are at question in this statement, namely:
Deep sea deposits are not necessarily thick.
-Gcosynclinal deposits are not necessarily thick.
-Thick sedimentary deposits can occur in depositional regimes which
are not necessarily "geosynclinal" in origin.210 CONTINENTAL SHELF 161
The statement isvery much oversimplifiedand a detailed refutation of it
would demand a lengthy report. Nevertheless, a few examples should
amply indicate the simplicity of the statement.
The term "geosyncline" isa rnatter of some dispute in terms of modern
theories on plate tectonics; however, the concept of "rapidly" subsiding
Iineor basins which may act as sediment traps isa valid approach. What
must be taken into consideration, however, is that rapid subsidence must
beviewed in relation to the rate ofsupply of sediment into the sedimentary
basin. A rapidly subsiding basin which has little supply of sediment can
developverydeep water but onlya verythin sediment veneer. Incontrast,
a rapidly subsiding basin which has an ample supply of sedirnent may
accumulate a thick sedimentary prism under only a shallow water depth.
On the other hand, a deep hollow,such as rnay occur in inter-montane
basins or ocean basin lows,providesalready existing sediment traps which
depend little, if any, on active structural down-warp. These "hollows"
can fi1 u1with sediment to form lhick sedimentary prisrns and in the case
of inter-montane basins, pariicularly so if associaled with faulting.
The concept of faulting in association with thick sedimentary deposits
illustrates a point not elaborated on in the Tunisian Memorial. This isthe
fact that the term "geosyncline" is often used with prefixesto distinguish
between various types in which the facitity to allow thick sedimentary
accumulation isdue to different structural processes, proceeding at difer-
ent rates and invarying tectonic settings. There isextensive literature on
this subject, e.g., Kay (1951 ),Aubouin (1965). Krurnbein el al. (1963).
Inaddition,the recognition of any sediment as geosynclinal. fluvial,etc.,
demands a concerted approach involvingrnany geological disciplines,the
whole coming together to arrive at "Basin Analyses" in terms of sedi-
meniary models, e.g., Potter ei al. (1963), Selley ( 1970).
Thus, inorder tosubstantiate the authors' clairn todeep sea and geosyn-
clinal environs withregard tothe northern Tunisian sedirnents, the authors
should have presented precise detail of such geological phenomena as
thickness, the tectonic regime, the sedirnentary facies, dispersal patterns,
etc.-al1 points whichwouldallow a sedimentary rnodeland a valid inter-
pretation to be established.
The absence of such data inthe Tunisian Mernorial,even in the form of
isopach and facies maps, is "unusual". Therc is evidence fromCartes 4.
5, and 6 that ample borehole data arc available for analysis - data which
are ternptingly referred to in paragraph 5.64 as having beenanalysed and
kept in Tunisian Government archives.
If such data are "available" then why have they not been used to
substantiate the Tunisian interpretation? The answer to this possiblylies
inthe fact that publications such listhat ofBurollet ( 1978) displayclearly
that the structural trends in northern Tunisia are markedly different from
those proposed in the Tunisian Memorial.
In addition to this, itis stated that the "thick sedimentary series"
rneet along an axis "broadly" oriented west/east and this situation is
compared with "the sedimentary trenches of 'northern Tunisia' on CarteVI TECHNICAL ANNEXES TO COUNTER-MEMORIAL 211
6...". In respect of this staternent, not only can it be shown that the
eastjwest orientation of the "northern trenches" on Carte 6 is, in reality,
slightly suspect, but:
a. According ta the authors' own definition of norihern Tunisia, this
zone liesnorth ofthe 36th parallel. As such, the greater part of the
"northern" basin in Carte 6 falls outside the zone itisso defined.
b. Trenches are linear structures. The basins in the northern part of
central Tunisia are "equant" in shape and nat linear. The stress on
linearity is interestingince it can impose on the reader a concept
which is then expaoded into an acceptance ofa "linear" eastjwest
rrend.
(b) Central, Eastern and Southern Tunisia - Zones 2 and 3
Both these zones are considered together since this approach allows a
concerted analysis of the interpretation of the isopach maps as presented
by the authors of the Tunisian Mernorial. As already noted above, Cartes
4, 5, and 6 have been re-drawn following both the contouring of the
authors and their interprelation of the major structural andfacies trends,
i.e., Figures 2, 3. and 4. These figuresinclude the present author's inter-
pretation of the datai In Carte 6 the north/south axis of uplift and two
east/west trending axes, the Axe des Moles and the Axe des Dépressions,
are delinea~ed,although the latter isnot named nor indeed welldefined.
The pattern of "lows" versus "highs" is well brought out in the diagram
but not in the manner which is so strongly stressed by the Tunisian
authors. Even without the addition of the relevant contour lines in the
subsiding basins, there would most certainly appear to be a strongly devel-
aped orthogonal pattern in the regiori with a series of roughly equant
"lows" dispersed between "highs" in a raugh grid pattern. When lowand
high axes are drawn to correspond withthe orientations of the lowestand
highesr elemenis of eachgeological structure such asis shownin Figure2,
it is immediately apparent that to say the isopach patterns define a pre-
dominant east to Westtrend isinadmissable. The pattern isbest described
as having developed from the inter-digitation of a north/northeast to
souih/souihwest trend ofupliftsand depressionswith an eastJsoutheast to
west/northwest trending set. It issignificant that the east/northeasr to
west/sourhwesf trend is best developed West of the major line of the
'Inorth/south axis" andthat the trendseast of this axis are typified by a
marked wesr/norfhwesr loeasi/southeasr trend. This, in the more east-
erly areas covercd by the map, swingsgradually into a marked northwest
to southeast trend.
Cartes 4 and 5, analyzed in Figures 3 and 4, show a distinct change in
pattern. It is to the Tunisian authors' credit that they did not attempt to
draw east toWesttrending axes on these maps such as they did on Carte 6,
even though they do maintain in the text that an east to Westtrend is
recognizable.212 CONTINENTALSHELF Pl
Both maps show very well the role of the "moles" as areas ~f uplift
resulting in reduced and non-deposition; however, they do not display an
eastjwest trend. The pattern is made up from a combination of three
major trends:
(i) The east/west trend of the Sillon sédimentairede Gafsa, an impor-
tant feature of southern Tunisia.
(ii) A distinct northeast to southwest trend and a distinct northwest to
southeasttrend which meet and intermingle dong a zone which runs
northeast to southwest from the region of Monastir to and beyond
the region between Oreata and Gabes. This zone possibly corre-
sponds to the trend of the north/south axis.
There is no doubr in the author's mind, given this data,that despite the
difficulty in evaluating the data as given in the Tunisian Memorial in the
first instance, there is certainly an east to west trend in the south as is
shown by the Gafsa Trough but this trend is much less obvious in the
north. if indeed it exists at all. Here, the dominant pattern is one of
northeast to southwest and northwest to southeast trends which developto
the Westand east of the north/south axis respectively.
Al1in all, it would appeür that to maintain that Cartes 4 and 5 display
definitc evidcnce of a predominant east/west trend from the data on
thickness variation as given is no[ tenable. To say that there is an
east/west trend in Carte 6 is certainly feasible. but it should certainly be
teinpered by the recognition of the niarked north/south trend due to the
presence of the "north/south axis" and, in the rcgion eüst of Sfax.a swing
from the "east/westW trend to a mnrked west/northwest trend.
(v) Sumniary
As already stated, the airn of the Tunisian Mernorial is to establish in
the reader's mind the validity of an east/west trend to the geological
phenomena of on-shore Tunisia and to propet these into the Pelagian
Basin. Itis the opinion of the author that the data uszd to support such a
thesis are inadequate. In addition, the thesis is certainly given Little
support in "errors" of representation such as lack of data and omissions in
denoting the siting of boreholes. Furthermore it would seem that selec-
tion of data has played an important part in the Memorial. An attempt
seems to have been made to select only those data which "best" support
the "east/westV thcsis. Examination ofdata of similar types from other
parts of thegeological succession inTunisia wouldappear to showthat this
is so. These additional data also illustrate that interpretation of the
Tunisian data in terms of interplay between various structural trends has a
firm basis. TECHNICAL ANNEXES TO COUNTER-MEMORIAL 213
B. Facies Maps and Isopach Maps of JurassiC cretaceous and Terri-
ary Sedimenrs of Tunisia and Northwest Libya
(i) Facies Maps
The maps discussed in thisseclion are based on thefacies studies of
Bonnefous (1967); and Salaj (1978). The work of Bonnefous on the
Jurassic is shown in Figures 5A-E, and that of Salaj on Cretaceous and
Tertiary deposits isshown in Figures 6A-K.
A detailed analysis of maps demands time fribeyond that available for
preparation of this report; howcver, even a brief study of data indicates
that thestructural and facie rends have varied throughout themajor part
of the Mesozoic and that one or other trend has, by dint of periods of
reactivation or quiescence, played a part in the development of the chang-
ing pattern.
. Jt is clear frorn Figures SA-E that during Jurassic times, the
north/south axis played a major part in controlling the scdimcntation
pattern. Inaddition. it should be noted that thcrc are distinct norrhealo
southwest trends in northwestern Tunisia and a strong west/northwesl IO
enst/southeast trend in the area of southern Tunisia and Libya east of the
axis and an east/northeast to west/southwest trend wesi ofthe axis.
A change takes place in thc lower and middle Creiaceous (Figirr~s
6A-F). Here. although there isagain a well developcd east/west trend in
the southern part of Tunisia, the areas to the north show a marked north-
east to southwest trending pattern; nevertheless, the influence of the
north/south axis isstill recognizable. Thc only time that the influenceof
the north/south axis is minimal is in thc Albian Figure 6E. where afacies
pattern very similar ro thatshownin Carte 9 is developed. i.e., dominant
clist/west trend over the whole region. 1tisperhaps significant thatCarte
9 is based on the previous stage of thc Cretaceous period, i.c.,the Aptian.
However, thefacies rnap for the Aptian. Figure hi?b ,ased on the work of
Salaj (1978), disp1ay.ç yuitr diJorrnl patirrns. It shows that the
north/south axis appears to have played a major role in controlling the
furies distribuiion, a "fact" which is not obviouin the Tunisian presenta-
tion. The role of the north/south axis is even more pronounced in those
maps which illusiraie thefacies patterns for thc late Cretaceous and into
the Tcrtiary period (Figures 6G-K). In these itis clearthat theaxis has
been important indelinçating two distinct areas. Tothe Westof the axis it
is possible to clearly recognize the east/west trending Gafsa Basin but to
the north, from the region of Thala. thefacies trends are markedly north-
east to southwest. To the east of the north/south axis, the facies trends
swing rapidly into a northwest la sourheasl trend, albeit occasionally
interrupted by localnorrhrast to southwest trending structures.
The changes in fuci~s patterns are important, and may be summa-
rized as follows:
-During Jurassic times the pattern of sedimentation in southernTunisia
and northwest Libya was undoubtedly disposed in an arcuate pattern
with cast/northeast trends West of the north/çouth axis, and
west/northwest trends to theeast. True east/west trends are developed214 CONTINENTAL SHELF [IO1
only across the axis. At the same time well developed northeast to
southwest trends are common in the north of the country to the Westof
the norih/south axis.
-This situation islso evident in the earlier part of theCretaceous period.
-In the middle Cretaceous east/west trends tend to dominate throughout
the area although control by the north/south axis is obvious in the
Cenomanian-Turonian.
-In the late Cretaceous and the Tertiary period, the "east/westV and
northeast to southwest trends are developed tu a marked degree and
they are joined by a strong northwest to southcast trend to the east of
the north/south axis in areas to the north.
(ii) Isopach Maps
The isopach maps are based on the work of Bishop (1975) (see
Figures 7A-1). The maps for the Cretaceous and the Tertiary indicate
thàt the Tunisian approach is vastly over-simplified. and analysis shows
clearly that:
in the lower Cretaceous, northwest to southeast and northeast to south-
Westtrends are dominant;
-in the middle Cretaceous. "east/westV trends become apparent;
in the late middle Cretaceous and into the Tertiary period northeast to
southwest trends are very obvious. particularly in the north and north-
eastern parts of Tunisia.
(iii l Sutnrtiary
It can be seen frorn the study offacies and isopach maps that through-
out late Mesozoicand Tertiary times, a "true" east/west trend occurs only
in the region of the Gafsa rough, which liesto the Westof the north/south
structural axis. Elsewheie in Tunisia the "east/west" trend isonly locally
developed across the line of the north/south axis as part of a regional
swing infacies and structural trends from approximately west/northwest
alignments east of the north/south axis to east/southeast alignments west
of the north/south axis.
At the same time. it is clear that the role of the north/south axis in
controlling facies varsus isopach patterns is variable. While il would
certainly seem to be the line across~whichthe swing in facies trends takes
place, structural trends as suggested by isopach maps cross the axis,
particutarlyin the Tertiary(see Figure 8).
The origin of the various trends is obviously of importance. since both
the facies and the isopach patterns have developed in response to tectonic
and environmental controis. ln order to relate these patterns to such
controls, it is necessary to study the structure of the area and to identify
features which display sirnilar or reIated trends to those outlined above
and to examine the processes which led to their formation. [Ill TECHNICALANNEXES TO COUNTER-MEMORIAL 215
3. RegiorialGeological Trends and Possible Interpretations
A. RegionalSrrucruralPatterns
(i) Srrucrural Sryles
Figur~ 9 shows the structurai features of the Pelagian Basin region.
@ Three major types of structures can be rccognized:
1. Broad anriclinal and synclinal warps.
Two trends are obvious:
-A "north/south" trend. cg., the north/south anticlinal axis of Tunisia
and, the Garian "high" which is offset from the Jeffara-Malta high
across the ljne of the Jeffara fauli system.
-An "east/west" trend, e.g..'the Nafusa "uplift" whichoverall describes
an arcuate pattern with north/nort heast facingconcavity in the Jefîara
area. The Gargaf "uplift" which trends east/rprtheast to west/
southwest. These uplifts intersect to form basinal areas such as the
Homra Basin.
2. Tighr folds
Thcse occur mainly in Tunisia and Sicily north and northwestward of
a line which trends southeastward across sourhern Tunisia to the Coastat
Gabes. Frorn here the line swings northeastward to cross Sicily in the
southwest corner. The folds display a marked over-al1northeast to south-
Westtrend although in the vicinity of the north/south axis the fold trends
swing into moreeasifnoriheast ro wesi/southwest alignmenls. In addi-
tion,itcanbeseen that east/west trends occur both in the straits of Sicily
and onshore in western Sicilyfcillowingthe trend of the Miocene foredeep.
3. Faulis
Faults are of several types and trends.
1. Strike slip fau11s. These are mainly associated with the areas of
tight fofding and display similar northeast IO southwest trends. They
disptay both sinistral and dextrai sensesof movement. A major strike slip
fault displaying an arcuate pattern corresponds to the line delineating the
area of tight folds notedabove (Caire ( 1970, 1975)).
2. Bip slip faulrs. These exhibit four trends:
-Wes~/northwest to east/southeast trends. This is a major trend, weil
dcveloped in horst-graben systems in both the Sirt and the Pelagian
Basins. In these two areas the systerns display very similar patterns as
is shown by Figure 10. The area of greatest downthrow is seen to lie
iowards the north/northeast rnargins of the fault zones - the Augila
trough in the Sirt Basin and the Malta-Pantelleria trough in the Pela-
gian Basin. They would thus appear to be geometrically and probably
genetically very closely related.
-Northeast to southwest trend. Faults of this trend are rarely recorded
in the offshorearea of the Basin:however,they are commonlydeveloped
onshore in southwest Sicilyand particularly in Malta where theydefine
a horst-graben system withan.overalldown~hrowtowards the northwest
(Pedley et al.(1978)).216 CONTINENTAL SHELF [121
-An arcuate northjsouth trend. This pattern is typical of the eastern
edge of the Pelagian Basin and of faults in the Ionian Basin further to
the east. The major direction of downthrow is to the east.
-An arcuate east/southeast to west/northwest trending system, concave
to the north/northeast, parallel to the Nefusa uplift and developed
along its northern margin. This, the Jeffara fault system, runs
west/northwestward into the "Gafsa Accident" (Castany (1955)).
Major downthrow is to the north and northjnortheast.
(ii) Age relarionships
-Klitsch (1971 )showsthat the northjsouth trending uplifts are of Cale-
donian age and that the eastjwest trending uplifts are of Hercynian age.
-The northeast to southwest trending tight foldsand strike slip faults are
middle to late Tertiary in age and related to Alpine orogenic
movements.
-The east/southeast to west/southwest horst-graben system of the Sirt
Basin is known to have been initiated in the late Cretaceous times
(Klitsch (1971 ) ),whilethe syçternof the sametrend and pattern in the
Pelagian Basin was initiated in the late Tertiary (Burollet (1978)).
-The arcuate north/south system was active in the Plio Quaternary,
probably as recently as 4 millionyears ago (Burollet (1978) ). It may,
however, have a more ancient history.
-The east/west trending Jeffara fault system, certainly active in late
Tertiary tirnes, rnay also have a much more complex history. It is
probable that this system. related to an Hercynian uplift, was active in
the middle Mesozoic.
(iii) Summary
Thestructural features of the area display a set of trendscomparable to
those apparent frorn the study offacies and isopach maps. These are:
-north/south;
-east/west;
-northeast to southwest and eact/northeast to west/southwest;
-southeast to northwest and eastjsoutheast to west/northwest.
As such it would appear that the faciesand thickness patterns are closely
related to theregional structural patterns.
Interpreration of the Facies andStrucrirral Patterns in the Pelagian
B.
Basin on the Basis of Plate Tectonic Studios
(i) SrrucruralPatterns in rheMediterranean Area
A convenient starting point is the situation which prevailed in Triassic
times 200 million years ago. Figure 11 shows the distribution of the
continental masses at this tirne. Africa, the Americas and Europe were
linked together to form the western margin of a wedge shaped ocean,
Teihys. Thestructural history of the Mediterranean regionsinceTriassic
times isintimately related to the processesinvolvedin the eventual closure
of thisancient ocean. Movements of the African plate relative to the
European plate, and of both relative to the North and South American il31 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 217
plates, haveresulted in thestructural pattern of the Mediterrancan area as
itisseen today' (Biju-Duval er ai.( 1977)). Plate 1 shows how cornplex
these patterns arc. The structure of the Alpine orogenic zone, as indi-
cated by major suture zoncs. followsan east/west trending path frorn the
Maghrebins of North Africa, northwcstward into Sicily from where it
sweeps around into ~hcnorthwcst to southeast trend of thc Apcnnines.
From thc Apennincs, this suturc thcn swings to follow a northeast trcnd
into the curve of the Carputhians and Balkans. The Maghrebin-Apcn-
nines curve effectively dividcs the Mcditerrancan into an castern and a
wcstcrn basin across thc straits of Sicily. The western Meditcrritnean
basin is also characterizcd by an active subduction zonc which trcnds
roughly eastjwesi to conrinuc on land to the south oï Tiauridcs and the
Caucasus Mountain chains. This subduction zone connects with the
major Maghrebin-Apcnninc suturc zone to the southwcst of Calabria.
These Alpine folded zones are bounded to the north and souih by the
staple platforms of the European and African plales.
(ii) The Africatt PIafe
(a) Shape of margin
Of particular note in Plate I is the broad area of epicontincntal sea
which forms a distinctive featurc of the northern mnrgin af thc African
plate bciween Siciiy and thc African coast. This makcs iip thc Pclagian
Basin and the southern part of thc lonian Basin. The mrirgin of this sea
trends northeastward fromTunis to Sicily. From thc southcasl of Sicilyit
trends.south/southea instswraidht line following the Malta escarp-
ment to the area of the Medina Banks. From here it swings sharply
castward to Cyrenaica whcre it dcfincs a narrow strip parallel tothe coast.
M'estof Tunis the orogcnic zonc of the Tell drops rapidly into the wcskern
Mediterranean and no cpicontincntal sea exists. The wedge shape of the
rnargin along the Tunis-Sicily-Medina Bank line is a vcry charaetcristic
feature of the area and would appcar to have its origins in the Mesozoic
period. It issuggestcd by Biju Duval et ai. (1977) that the North African
cpicontinental sea in this arca has moreor less maintaincd the same shape
since Triassic timcs to the prescnt day (see Plates 2-8). The only major
changes are those related to the coastline due 10transgression and regres-
sion of the sca in responsc (O epeirogenic movements.
(b) "Rclict" structures
Although the present structure of the North African plate has itsorigins
in thc early Mesozoic, older structural trends related to previous tectonic
phases can be recognized. These structures have played a part in control-
ling subsequent sedimentation patterns and structural styles. The relict
structures are of Caledonianand Armorican age. In the Tunisian-Libyan
rcgion they are typically epeirogenic in nature taking the form of gentle
uplifts and depressions. It can be seen from Figure 1I that the Pan
African trend of early Palaeozoic age isaligned essentially north to south
with regard to thepresent North African coastline,but south it swingsinto
a more northeast to southwest trend into the Gulf ofGuinea. On theother
'AI1 plate numbersreftoBiju-DuvalJ.et 01.(1977). 218 CONTLNENTAL SHELF (141
hand, the Armorican trend isessentiallyeast/northeast to west/southwest
relative to the North African margin. Klitsch (1971, Figure 3) docu-
mented both sets of structures in Libya showing rhar intersection of the
two resulted in basins such as the Homra and Kufra. Thus, in the area
under discussion it can be seen thal the north/south axis and the
north/south trending Garian high would appear to have been initiated in
Caledonian times. The former may be the northward extension of the
Tihemboka uplift, the latter comprises the continuation of the Tripoli-
Tibesti uplift. This structure, although slightly offsetto theeast, findsits
further continuation in the Jeffara-Malta axis. Armorican structures in
the area are the Gargaf uplift and the Nefusô uplift. These define the
@ Homra basin (see Figure 9). The Nefusa uplift is of particular impor-
tance. Trending parallel to the coast of northwest Libya, itscontinuation
to the Westis found in the Algerian anticlinorium (Bishop (1975)). The
uplift formed an effective barrier to marine incursions in Permian and
early Mesozoictirnes sothat sedirnentstothe south tend to becontinental
in nature. It also had a major effect on the distribution of earlier formed
sedimentsdueto erosion followinguplift, a fact which isclearly illustrated
by isopachmaps for the Devonianand Carboniferous systems (see Figures
12and 13). There wouldseernlittle doubt that the Nefusa uplift, trend-
ing as it does parallel to the coast, isone of the most important features in
the area. The control it exerted on sedimentation in Mesozoictirnes was
further enhanced by the deveiopment of a major fracture systern parallei
to its northern margin. This, the JefTarafault system, downthrowsto the
north and should be considered as forrning the southern margin of the
Pelagian Basin. The age of the system isdifficultto deterrnine but it was
possibly initiated in the middle Mesozoic.
(iii) Srrucrural Bevelopmenr of the Area
(a) Plate 2showsthe Mediterranean regionduring Triassic times in
moredetail. The area ofcontinentalcrust to the westof Tethyswas made
up from a number of microplates defined by fractures which were latcr to
becomethe zonesalongwhich rnovements took place. Twofracture zones
are of particular importance. These can beseenon Plate 2 (Biju Duval,J.
et al. (1977)). The first, henceforth called A-A'. trends approximately
east/west separating the African plate from the European plate. This
zone terminates to the east against a major fracture zone which curves
southeastward, and ihen swings northeastward into Tethys. This zone
will henceforth be referred to as 0-3'. The two zones largely define the
northern margin of the African plate (see Figure II). The area of crust
10 the north of zone B-B'was Jater toplay a major part inthe structural
development of the Mediterranean region. Known as the African
prornontory, this portion of the crust migrated northward to eventually
form the floorof the Adriatic epicontinental sea (see Plate 1).
The period from lowerJurassic to early Cretaceous wasthe period when
break up of the western blocksoccurred with the opening of the south
Atlantic. the formation of Mesogeaand the gradua1closureof Tethys (see
Plates 3 and 4). During the lower Jurassic the African promontory1151 TECHNlCAL ANNEXES TO COUNTER-MEMORIAL 219
separated from the north African-lberian area, moving east and north
jsee Plate 3). At the same time a narrow seawaydeveloped betweenthe
African and lberian plates along the line of a fault with sinistral move-
ment. These movements continued during the late Jurassic and early
Cretaceous with the south Atlantic increasing in size (see Plate 4).
Tethys was gradually consumed and the gap between the lberian and
North African blocks widened. At the same time a subduction zone,
heralding the movement of the Arabian plate northward developed south
of the African promontory in the exireme east of the region. The late
Cretaceous waça period whichsaw major changes. At this time the north
Atlantic opened wjth théseparalion of North America from Europe while
the sauth Atlantic increased greatly in width (see Plate 5). In the Medi-
terranean region, as the' African promontory rnoved northwestward
toward the Alpine region, the subduction of the Tethyan Ocean floor
continued. Folding wasinitiated along the northern margin of the Afri-
can prornontory with a pattern very similar to that seen at the present
time. In the western region the gap betweenthe Iberian blockand North
Africa began toclose. At the sarnetimethe lberian plate moveddextrally
relative to Africa, a process largely responsible for the S-shape of the
subduction zone. Although the late Cretaceous, throughout the grealer
part of the region. was a time ofcornpressionaltectonism, rensionalforces
wereoperative in the African plate. The horst-graben fault systemof the '
Sirt Basin developed at this time followingclosely the trend of the Pan
African folds. II issuggested that the fault system had a more northerly
trend than that seen at the present day and that its continuation can be
found along the well-definednorthlnorthwest trending edge of the Pela-
gian Basin southwest of Sicily. Although the present-day observable
trend of the faults in the Sirt Basin tends to be west/northwest to
east/southeast it can be seen that the faults of the western part of the Sirt
Basin have more northerly trends than those in the east. An example is
the Hun Graben syslem, which, although ending "abruptly" near the
Jeffara fault system,has a trend closelycomparable to the northern part of
the scarp bounding the easterri edge of the Pelagian Basin. The subse-
quent history of the area is one of progressive closure of Mesogea and
Tethys (see Plates 6-8). During Paleocene, Eocene,Oligoceneand Mio-
cene times the western part of Mesogea continued closing along a north-
east to southwest irending subduction zone with the formation of the
Taurides and Hetlenides. The African promontory continued to move
northwestward into a positionoccupied by the Adriatic Sea today. CIO-
sure of the western part of Mesogea was more cornplexand is a matter of
rnuch discussion. It is, however,generally agreed that movement of the
African plate relative totheEuropean plate wasaccompaniedby fragmen-
tation of the eastern margins of the Iberian plate. Migration of these
fragments.eastward and southeastward in concert with sediments associ-
ated with the subduction zone, forrnedthe islandçofCorsica and Sardinia.
parts of Sicily,Italy,and the North African Tel! (Caire (1978), Boc-
caletti et al. (1978)). 220 CON'rINENT HLELF Il61
Ocean basins, such asthe Balearic and Tyrhennian Basins, were formed
at this time, and the characteristic fold patterns of the Apennines, and
those of the North African ranges, were also initiatedA final stage of
movement across suture A-A' took place in the middle Miocene with the
formation of theMigcene foredeeps of the Algero-Tunisian Tell and north-
ern Sicily. While compressional forces were active in the Mediterranean
region. important movements were taking place in the African plate,
particularly in Eocene tirnes. Thereis evidence to show that a phase of
sinistral strike slip faultingrecurred in the Sirt Basin al the end of middle
Eocenetimes (Anketell and Kumati ( 1977) ).This movement took place
along faults formedduring the late Cretaceous event noted above. Itcan
be seen from Plates 6 to 8thatthe closure of Tcthys andthe opening of the
south Atlantic Ocean demanded that the entire African plate rotate in a
dextralsense with respect to the European plate. Much of this rnovement
woutd have been taken up along the suture A-A' and by subduction along
B-B'. However, it would seem frorn the work of Duvaletal. (1975) (see
@ Figure 14) that the African plate should beconsidered to haveconsistcd of
at least three blocks:
-West Africa or aSaharan nucleus bounded by the Atlantic margin and
the western edge of the Pan African zone;
-The zone of the Pan African fold system;
-An east Africa block.
It is suggested that, although the whole plate was in rotatComoved
more rapidly than A by virtue of subduction in the western Mediterra-
nean, and that the rnovernent was taken up by, and concentrated in, zone
B. Thus, whereas the total movement of the plate was in a dextral sense
relative to Europe, the variation in speed of movement of zones B and C
around A, resulted in a sinistral sense of rnovement of the three zones
@ relative to each other (seFigure 14).
Itispossible that such a situation may well have allowed the re-orienta-
tion of theeastern part of the Sirt Basin fault systern,originally charactcr-
izedby a north/northwest fault alignment, into a more west/northwcst to
cast/southeast trend. Reactivation of these faults in Miocene times could
thus have imposed the characteristic pattern of the Sirt Basin fault system
onto the northern Pelagian Basin. It is furiher suggcsted that, not only
was thedextral rnovement relative to Europe taken upalong the suture A-
A', but that a similar sense of movement took place along the structural
zone represented by the Jeffara fault system which wouldmost certainly
have been a line of weakness. Such a movement, parallel to that of the
main suture zone, would help explain the "displacement" in trend of the
north/south trending Garian high frorn the JefTiira-Malta axis. In addi-
tion, the major fault system represented the HunGraben, which appar-
ently does not continue north of the Jeffara fault system, would find its
continuation in these faults which mark the edge of the Jeffara-Malta
scarp. Although the faults along this margin are known to have been
active in Plio-Quaternary tirnes, causing the easterly downthrow of the
epicontinental margin to form thelonian basin. it issuggested firstly, that 1171 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 221
the fault phase is due io reactivation along an oldetfaultsystem of late
Cretaceous age and secondly, that downthrow isgreater to the north. i.ea,
scissor rnovement. This would explain the present day bathymetry of the
Sirt Gulf where the water dcepens rapidly away from the coast.
Insummary, it is proposed that during the Alpine orogeny, the epicon-
tincntal area suffered two types of tectonism. In the western arca.
bounded to the north by suture A-A', compression tectonics producing
cast/northeast to west/southwest trending folds were active. These folds
cross thetiortlr/soiiraxis of Tuniçia to give the patterns seen in eastern
@ Tunisia and such features as the Kerkennah axis (see Figure 9). The
weslcrn area underwent, at least twice during its post-Paleozoie history.
two phases of block faulting, one in late Cretaceous and, followinga period
of cornplex rotation of the African plate in late Eocene times, reactivation
of the Sirt Basin fault system in the Miocene to form the horst-graben
sysiem of the Pelagian Basin. These Miocene faults are also found in the
folded areas nlesr of the norrlr/.~o~ru.~isof Tunisia. The north/south
rixis would thus appear to have played only a minor role in delineating
roldedfrom non-folded or fautted areas-an "Alpine fold-African plate
margin". Insiead. it will bc shown below that a line running from Gabes
northeastward to the lbleo P1:itform area of southwest Sicily probably
rcprcsents the "truc" niargin, one which has its origins in the proccsscs
involved in the Alpine orogenic movemenis.
(iv) FUL~~T PSPI~[ JtYKaIrrion IO the Plate Margin
Fucips trends and, to a lesser cxtent. recognizable coastlines show a
niiirked rclaiionship to the shapc of the epicontinental ninrgin and to
structurescxisting or devcloped on the crustal area. The major pattern is
again onc which allows sub-division into a western area and an zastcrn
ares. In thç western area trends run cast/northeast to west/southwest
parriilcl to suture zone A-A' with deeper water furies to the
north/northwcst. whilc in the easicrn arca trends are rr+est/northwcst to
clist/siiutheast with dreper watf~cies to the north/noriheast (see Piales
2-8). Thc zone where thc swing from one trend to the othcr occurs
coincides closely with thc position of the north/south axis. The efïect of
thc north/south axis is plirticularly niiirked in the Trias whcre it appcars
io have formed a barricr betwcen open marine limestonefurirts o the ~~1st
and rcstricted marine to continental facies in the West (see Plate 2).
Throughoui the rcrnainder of thr: MCSOZO~ aCd Tertiary, ho~~evcr,the
clTccisofthe :ixion fa rieiypc, whilc iniportant, aressentially loca(sec
Plritcs 3-8). Structural elenients othcr than the north/south axis have
also c:iused local variation in facics. In the eastern area, while there is an
ovcrall north/northeastwürd deepening, local highs. possibly related to
incipicnt horst-graben systeins. allow repeiition of shallow \vaterfacies at
sonic distance from shore. The prittern of Eocene sedimentation in the
Pcliigian Büsin is one such cxample (Hammuda & Missallltti (1980)
Platc 4). Other examples are secn in thef irt Basin in lateCretaceous and
Palcoccnc times. Whcreas shales were deposited in graben zones, reefs222 CONTINENTAL SHELF [l81
and shallowwater limestones developed onthe horsts. A similar relation-
ship in the western area during Jurassic and late Cretaceous times
occurred in association with east/northeast to west/southwest trending
inter-cratonic basins (see Plates 3-5). The change infacies trends from
the western to the eastern areas is fundamental and easily explains the
east/west trend so strongly put forward in the Tunisian Memorial.
As far as the region as a whole is concerned, it is onlyin southern and
central Tunisia chat an easr/westtrendcandevelopsince it is herc, across
the north/south axis, that the swing from regional east/northeast to
west/southwest trends occurs (see Figures 5 and 6). In addition, the
eastlwest trend willbe best developedin this area during periods whenthe
effect of the north/south axis, either passiveor active, was al a minimum.
Such an example would seem to have occurred in the Albian (see Figure
6E). In contrast, during periods of activity the east/west trend would
have beengreatly minirnized. This isclearly the case in late Tertiary (see
Figures 6J-KJ where a swing fromnortheast to southwest and northwest
to southeast trends across the axis from west to east is very marked.
In summary, it would appear obviousthat facies trends in the Pelagian
Basinarea were parallel to the line of the present Jeffara Coastduring the
Mesozoicand Twtiary and that the east/west trend while"true" ofsouth-
ern Tunisia is simpty part of a major regional westerly sweep from an
east/southeast to west/northwest area across the line of the north/south
axis.
C. Posrulated Off--oreAlignmenr of the SourhAtlasic Lineament
This line. which, on land, separates the folded sedirnents of the Atlas
Mountains from the quasi-horizontal strata of Saharan Tunisia is postu-
lated by Caire (1970; 1978) to trend northeastward from the Coastin the
vicinityof Gabes to southwest Sicily where it forms the junction between
the essentially flat-lying sedirnentsof the Ragusa Plateau-Ibleo Platform
area from the folded successionsof the Alpine belt to the northwest. It is
thus considered to represent the junction betweenthe "Africano-Raguso"
foreland of the African plate characterized by tectonism of epeirogenic
type, and the Atlas-Apennine chains characterized by folding of Alpine
orogenic type(Caire (1978)). Caire further interprets the lineas a fault
which has a dextral-slip component and relates this movement to the
processes involved inthe development of the Tyrhennian Basin and west-
ern Mediterranean during the Alpine orogeny. Support for the existence
of such a line across the Pelagian Basin is as follows:
1. As noted inSection 2A,the line does separate an area characterized
by strong folding and minor faulting from one characterized only by
faulting.
2. Although faults of northeast to southwest trend are rarely recorded
inthe PeIagian sea floor,faults of this trend occur on the Ragusa platform
and more importantly in Malta, where horst-graben structures with an
eastlnortheast to west/southwest alignmentconstitute a major structural
feature of the island (Pedley et al. (1978)). These faults have a net
downthrow to the northwest. [191 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 223
3. Strike slip faults of similar trend are recorded in Tunisia (see
@ Figure 9). The Zaghouan fault is a major exarnple.
4. While there isundoubtedly thickeningof the Mesozoicand Tertiary
successions northjnartheastward across the Jeffara fault zone in the Jef-
fara coastal area (Harnmuda and Missallati (1980)), it has been shown
that thcre is also a very rapid increase in thickness across an
cast/northeast to west/southwest trending line in the Gabes region (Bus-
son (1967)). This rapid increase in thickness, accompanied by a change
in fold styles across the line from gently warped in the south to tightly
foldcd in thenorth, iscxpressed as a sharpdrop in the Mesozoic basement
@ over a very short lateral distance from -500 to 2500 (see Figure 9 and
Busson (1967) Figure 13). There seems little doubt that, given the
rapidity of the drop in such a short distance, the feature is best explained
by a fault with an east/northeast to west/southwest trend.
5. Further evidenceof an east/nartheast ta west/sauthwest structural
alignment is found in the Djebel Tebaga region of Medenine in southern
Tunisia where the Sidi Stout unconformity is deseloped over an upliftof
this trend (Busson (1967); see Figure 12). Activity on this uptift has a
history ranging from middleTriassic to early Cretaceous.
6. Indirect evidence forthe trend is found in the work of Boccaletet
al. ( 1975)(see Figure 3) and Boccalettielal. (1978) (see Figure 26), on
studies of the origin of the western Mediterranean in terms of plate
tcctonics. The sequence of events proposed in Figure 3 and Figure 26 is
sumrnrtrized in Figure 15. In contrast to Biju Duval el al.( 1977), the
authors suggest thal the development of the western Mediterranean
involvcd reversalof polarity of the subduction zone,a much more complex
concept. This need not bediscussedhere. The pointof imrnediate impor-
tance is tha they suggest the initial subduction processjnvolvedtensional
fracturing of the African plate margin in late Cretaceous times. This
resulted in the deselopment of a siable platform area, i.e., an African
foreland and an unstable platform cornprisedof fragments of the hitherto
stable plate which were separated from each other by shallow
intracratonic basins characterized by pelagic sedimentation. It can be
secn from Figtire 15that the authors postulate the stable platform edge to
run southwestward fromthe Raguso plateau area. This "feature" corres-
ponds closely with the'trend of the fault line proposed by Cair( 1978).
II is proposed that the points outlined above provide evidence for the
existence of a major structural feature trending northeast to southwest
betwcen southwest Sicily and the Gabes region and, that in the Pelagian
Basin. it represents the junction betwecn twomajor tectonic zonesof the
North African continental crust.
D. C'onrlusions
Study of facies maps for Mesozoicand Tertiary sediments in Tunisia
aridadjacent parts of Libyashowthat the credoof an east/west geological
trend istrue but onlywith respecr rorhcse areasin theinln~ediare vicinity
ofthenorrhlsouth axis of uplw in Tunisia. The trend is. in fact, the local
expressionof a regional North African trend which east of the axis has an224 CONTINENTAL SHELF [201
eastjsoutheast alignment and Westof the axis has a west/southwest align-
ment. These alignments can be related to the trends of the niargin of the
North African ulate.
Structural coisiderations based on the çtudy of isopach and tectonic
maps show that a comparable sub-division exists. Here, however, struc-
tural patterns and styles, related to Alpine orogenesis, intermingle across
the north/south axis sothat, in the Pelagian Basin, a more realistic bound-
ary between a "typically faulted tectonic style of Libya" and "a typically
folded tectonic style of Tunisia" is a line trending northeastward from
Gabes to southeast Sicily. This line is proposed to represent the junctian
between the African foreland and the Alpine "mobile" belt, and to be a
"Mediterranean" continuation of the south Atlasic Lineament of the
Sahara. If the Pelagian Basin were to be subdivided purely on a basis of
structural phenornena then it is the Gabes-Raguso line which is the most
important feature.
Older structural patterns, both Caledanian and Armorican in age,
underline the identity of the Pelagian Basin with Libya and southeast
Tunisia. This is particularly true of the Nefusa upliftinitiated in
Armorician times.
Asfur os the Libyan-Tunisian coastlinrfrom the Gulf of Sirr to Gahes
is concerned, there is a consistenr conformity between the present
east/southeast to west/norrhwest coastal rrend and geological fearures
developed since early Triassic times. The projection of un eusl/west
trendfrom "Tunisia" fur ouf onto the PeIagianBasin has nojirm busis in
geological fact. To projecr a west/northwest to easz/soirtheasr rrerzd
paraIlel to the existing coastline of the Jefora Plain most c~rrnin'vh0.7.[211 TECHNICAL ANNEXESTO COUNTER-MEMORIAL 225
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Burollet, P. F. (1978) "The Geologyof the Pelagian Block: The Mar-
ginsand BasinsOff Southern Tunisia and Tripolitania." ln: The Ocean
Basins and Margins: The WesternMediterranean. Vol. 48, New York,
Plenum, pp. 331-359.
Burollet, P. F. (1979) In: Géologie Méditeranéenne,La Mer
Pélagienne. Tome VI. Numéro I. Editionsde l'universitéde Provence,
pp. 23-25.
Busson,G. ( 1967) "Mesozoic of southern Tunisia." In: Guidebook to
the Geology und Nisrory of Tunisia. Ninth Annual Field Conference.
Petroleum Exploration Society of Libya, pp. 131-151.
Caire, A. (1970) "Sicily in its Mediterranean Setting." In: Geology
and History of Sicily. Twelfth Annual Field Conference, Petroleum
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Caire, A. (1975) "Italy in its Mediterranean Settings." In: Geologyof
Italy. Vol.1. Fifteenth Annual FieldConference. Earth Sciences Soci-
ety of the Libyan Arab Republic, pp. 11-74.
Caire, A. (1978) "The Central Mediterranean mountain chains in the
Alpine Orogenic Environment." In: The Ocean Basins and Margins:
The WesternMediterranean. Vol. 48, New York, Plenum, pp. 201-256.
Castany, G. (1954) L'accidentsud-tunisien,sonâgeet sesrelationsavec
l'accidentsud-atlasique d'Algérie. Vol.238. Paris, C.R. Acad. Sci.,pp.
916ff.
Goudarzi, G.H. et al. (1979) Struclure of Libya "Abstract". In: The
Second Symposium of the Geology of Libya, September1978,University
of theAl Fateh, Tripoli, Libya.
Hammuda, O.S. and Missallati, A.A. (1980) A Srudy of the Libyan-
Tunisian Shelf. Annex II to the Libyan Mernorial.
Kay, M. (1951 )"North Arnerican Geocynclines." Geological Society of
America, Memoir 48.
Klitsch, E. (197 1) "The Structural Developinent of Parts of North
Africa Since Cambrian Time." In:Symposium on the Geologyof Libyn.
Faculty of Science -University ofLibya, pp. 253-262.
Krumbein et al. (1963) "Stratigraphy and Sedimentation." W. H.
Freeman and Company, p. 637.
Pedley, H.M. et al. (1978) "The Geology of the Pelagian Block. The
Maltese Islands." In: The Ocean Basins and Margins: The Western
Mediterranean. Vol.48, New York, Plenum, pp. 417-433.
Potter, E. et al. (1963) Puleocurrents and Basin Analysis. Berlin-
Gottingen-Heidelberg, Springer, p. 296.
Salaj, J.(1978) "The Geology of the Pelagian Block: The Eastern
Tunisian Platform." ln: The OceanBasins and Margins: The Western
Mediierranean. Vol. 48, New York, Plenum, pp. 361-412.
Selley, R. C. j 1970) Ancien1 Sedimentary Environrnents. London,
Chapman & Hall, Ltd., p. 237.
Winnock, E. et al. (1979) In: Géologie Mediterranéene :u Mer
Pélagienne. Tome V 1,Numéro 1. Editions de l'Universitéde Provence,
pp. 35-40. TECHNICALANNEXESTO COUNTER-MEMORIAL 227
Annex 12B
* B.Sc,aadPh.D., QueenUniversityBelfast.228 CONTINENTAL SHELF
INTRODUCTION:
The following report is divided into three sections:
1. Structural patterns
2. Shoreline trends
3. Salt walls
Analysis of strucruralpatterns lays a basis for interpretation of shore-
linetrends,particularly in the sense that it goessomeway towards show-
ing that sait walls, which throughout Mesozoic and Tertiary tirnes
afTectedshoreline trends, can be related closely to the tectonic events
which were involved in producing those structural patterns and styles at
present seen in the area. It is the author's opinion that these various
geological features display a much closer affinity to geologicevents initi-
ated within the African platform than with any initiated by Alpine-
Atlasaic style tectonism.
SEC~ION 1
StructuralPatterns
My report of 4 October 1980,"A Report on Structural and Sedimento-
logicalTrends in the Pelagian Basin and Related Onshore Areas'", dealt,
in part, with the regional structural pattern of the Pelagian Basinarea on
the basis of data then available. It was suggested that the region could-
usefully be divided into two major areas, one characterised mainly by '
faulting and one characterised mainly by foldirig,and that a line running
from the Gabes region northeastward to southeast Sicily, the Gabes-
Raguso line, could serveas a boundary between the two regions. It was
also suggested that, while the overall pattern of faulting in the area is a
continuation of the Sirt Basin fault system and while it displays both a
comparable trend and horst-graben style of faulting, some of the fault
patterns could well be explained in terrns of lateral shear, largely as a
resutt of older dip-slip faults. The JeffarFaultsystern inparticular was
interpreted in this way. It was proposedthat the systein displays a right-
lateral shear component and that this resulted in the displacement of the
Tripoli-Tibesti high from the Malta-Medina axis and possiblyalso of the
Hun Graben system from the faults bordering the eastern edge of the
Pelagian platform. Lateral shear rnovernents,first postulated to explain
fault patterns in the western Sirt Basin by Anketell et of.(1978), were
interpreted in terms of rotation ofthe African plate relative to the Euro-
pean piate. As an extension of this concept it was suggested that the
shape of the north African coastfrom theGulf ofGabesto Cyrenaica and
beyond, across the Sirt Gulf, is explicable in terms of varying rates of
rotation of segments of the African plate. In simple,itwas proposed that
development of this shape involvedthe more rapid movement of an "East
African section" around a "Saharan nucleus" along a zone of weakness
which the author proposed as corresponding to an arcuate fault zone
stretching from the Sirt Basin to the Gulf of Guinea. In addition, the
author employed the concept of variable rates of rotation within the Afri-
can plate to explain an apparent discrepancy in age of the faults in the
Pelagian Basin as cornpared with those of the Sirt Basin. While it is
'See Annex I2A. Vol.111.l21 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 229
generally accepted that the Sirt Basin faults were initiated in mid to late
Cretaceous times, Burollet ( 1978,p. 352) impliesa much later age forthe
Pelagian Basinfaults inthe statement. "In late Mioceneor post-Miocene
times impressivegraben subsidence occurred (in the Pelagian Platform)
with the developmentof a thick Plio-Quaternary sequencewhich in places
reaches as much as 1000 m."
This present sectionserves both to amplify and in part to modify the
conclusions reachedin that study, and isbased on additional data supplied
by Professor Missallati. The rnost important piece of work is that of
Ziegler (1978) which provides the most detailed tectonic maps of the
regionso far available to the author. This data isamplifiedin part by the
tectonic maps of Mazzone ( 1976) and Choignard (1979).
Ziegler subdivides the Central Mediterranean area into six principal
elements:
-The Eastern Mediterranean Basin
-The Cyrenaica platform
-The Sirt Basin to Hun Graben Rifted Complex
-The Djefarra - Sirtica Platforrn
-The Libyan Trough and Gulf of Gabes Basins
-The Malta-Medina (Central Mediterranean) Platform
The latter fourofthese elementsare showninFigure 1. The structural
pattern of the Sirt Basin is welldisplayedby Goudarzi and Smith (19771,
Mikbel (1979), Missallati and Hammuda (1980. Plate 5) and Anketell
( 1980,Figure 9). Ziegler interprets the regionas having been formed by
a phase ofextensionalrifting whichwasinitiated in Neocornian times with
further phases of faulting and subsidence in Mid-Cretaceous and Tertiary
times. An important feature of Ziegler'swork is recognitionof the right-
lateral shear system trending west/northwest to east/southeast parallel to
the Libyan Coast, also discussed by Anketell (1980). This, the
"Djefarra" fault system, "tails out" in the Sarir trough of the Sirt Basin
and Zieglerconsidersthe complextectonicsof the regionto result fromthe
interaclion of this system with the Sirt faultsystem.
The right-lateral shear zone forms the northern boundary of the
"Djefarra-Sirtica" or African platform, an area affected mainly by
"eustatic tectonic" events.
North of the dextral shear zone liesthe Libyan Trough - Gulf of Gabes
Basin characterised by "numerous subparallel. anastomosing fault seg-
ments" (Ziegler, 1978,p. 3and Plate 1 ). The shear zoneunderliesa deep
narrow basinal area with a west/ northwest to east/southeast trend. This
basi-1 area, bounded on the north by the Malta-Medina platform, is
clearly shownin Ziegler'scross sections (Plates 10and 11 ). The basin
dates frornlate Palaeozoic timeswith a major phase of subsidencein Mid-
Cenornanian timescorresponding to the main rift-fault phase of the Sirte
Basin. Minor phases of subsidence occurred in the late Cretaceous and
Tertiary. Ziegler maintains that the area is still subsiding and that this
shows up as a "marked sea-flmr depression" (Ziegler, 1978, p. 3).
Between the Gabes-Tripoli Basin and the Malta-Medina platforrn lies a230 CONTINENTAL SHELF i31
narrow area comprised of tilted fault blocks which, as will be seen, corre-
sponds to a zone within which "islands" were developedat various times
during the Mesozoic and Tertiary. (Figure 1.) This zone follows a
west/northwest toeast/southeast trend parallel to thesouthern edgeofthe
Malta-Medina platform, which is interpreted by Ziegler as an area which
remained relatively "high" throughout its geological history. Borehold
data appear to indicate that it was the site of shallow water carbonate
sedimentation since Triassic limes. The platform isstrongly faulted and
contains "young rifts". (Ziegler, 1978, Plate 1 .)
In summary, Ziegler contrasts the platform areas with the basinal areas
in terms of areas underlain by thick continental crust (platforms) as
opposed to those underlain by faulted, thinned, and modified crust
(basins).
The term "young rifts" usedtodescribe thefaultsof the platform area is
very reminiscent of Burollet's thesis of late Tertiary "impressive graben
subsidence" and there would thus seem to be some basis for considering
the faults of the Malta-Medina platform to be "young" relative to theSirt
Basin system. Neither Ziegler nor Burollet give any indication of this
"young phase" of faulting being due to reactivation of existingolder faults
in the platform basement. What isclear, however, isthat the faults of the
Gabes-Tripoli Basin, as far out as the edge of the platform, do appear to
have a history of Cretaceous to Tertiary riftingsimilar to the Sirt Basin.a
feature which is particularly clear in the case of the JeKara Fault system.
Thus, it would seern thal rift fault phases of the Pelagian Basin have
affected different regions at different times, and that the present author's
contention that the faults of the northern part of the Basin,i.e.. the Malta-
Medina platform. owe their origin to reactivation along the Siri Basin
trend followingplate rotation ispossible. Work inprogress onanalysis of
the Sirt Basin fault patterns and the relative ages of the fault should lead
to a better understanding of the relationships.
Of more immediate interest to the present study is, however,the Gabes-
Tripoli Basin. Fig. IA shows this basin sandwiched between the two
major platform areas white Fig. 1B shows details of the fault patterns
based on Choignard ( 1979). This synthesis of the fault trendsappears to
be the most detailed at present available and is more cornprehensive than
that shown either by Ziegler (1978, Plate 1) or by Mazzone (1976,
Enclosure 1), although the overall patterns are closely comparable.
A major point of inieresi involvesthe relationship of the minor faults
within the basin to the major faults which border the basinal area. i.e., the
Jeffara fault systern and fault zone at the edge of the Malta-Medina
platform. The minor faults subtend an acute angle to thè major Jeffara
trend and are cornmonly arranged en-echelon in east/southeast to
west/northwest trending zonesi, .e.,parallel to the major fault trend.Itis
the author's contention that this pattern can be interpreted in terms of
Riedel shear systems and that the pattern is such as to conform to dextral
strike-slip on the major faults (see Appendix for a brief discussion of
Riedelshear formation). The east/northeast to west/southwest trendingi41 TECHNICALANNEXES To CoumER-MEMoRrAL 231
faults, while not cornmon, rnay well be conjugale Riedels (see Figure 2).
The occurrence of Riedel shear systems associated with strike-slip reacti-
vation on deep seated and major deep seated dip-slip faults in the Sirt
Basin was discussed by Anketell etal. (1978).
A second pointof interest is the structural relationship between the two
fault systerns whichborder the basin area. The northeast trending system
at the edge of the Malta-Medina platform can, in the author's opinion,
also be interpreted in terms of dextral strike-slip movement. As such, it is
seenthat the twomajor fault systems, diverginggentl~ one frornthe other
in the offshore region north of Misuratah, delimit a zone on either side of
which the bordering platforrns move dextrally relative one to the other.
This structural relationship isverysimilar to those whichcomrnonlyoccur
in the San Andreas fault system and which result in the production of
"pull apart" basins (Crowell. 1974a. 1974b). It is proposed that the
Gabes-Tripoli Basin is a basin of this type and that it owes its origin to
rotation of the African plate relative to the European plate along dextral
strike-slip zones. Much of the Sirt Basinfault systern wouldappear to
havea closely comparable origin.
There would appear to be little doubt that the tectonic styles of the
Pelagian region immediately offshore from the African platform. and in
particular the Gabes-Tripoli Basin, owe their originto movemenls of the
African plate. The "rninor" faults within the basin are, in the main,
Riedel shears resulting from dextral strike-slip reactivation of deep seated
basernent faults. while the basin itself is the result of interaction between
those major faultç, i.e., a "pull apart" basin. The establishment of the
tectonic style of the offshore region as "African platform" in type and
origin has important implications on the origin of sali wolls which played
a marked, if only local, roleincontrolling coastline trends during parts of
the Mcsozoic and Tertiary.
SEC~ION 2
ShorelirteTrends
Analyses of the sediments inthe Pelagian Basin region have been based
largely on analyses of both lithostratigraphic and chrono-stratigraphie
units. These analyses generally take the form of evaluation of thickness
variation- illustrateciby isopach rnaps,and studies of lithological varia-
tions-illustratedby lithofacies maps. Such studies allow the recognition
and delineation of:
a. Zero lines. i.e., lines delineating areas where a particular unit is
Dresentfrom areas where itis absent.
b. Shorelines, i.e., lines delineating areas of marine deposits from
continental deposits. This isessentially a faciesline and it denotes
average sea level at the tirne of deposition.
The twotypes of line may insome instances followidentical paths. -For
instance. the shoreline rnayalsoconstitutea "feather edge" to a particular
unit,i.e.itseparates an area of marine depositional environments from an
area of non-depositional environments. e.g.,cliffCoast. More commonly, 232 CONT~NENTAL SHELF 151
however, the two types of lines are independeni one of the other and may
describe very different trends. In such instances the zero line delineates
areas where erosion hascaused rernovalof the sediment unit under study
from areas where it is still preserved. Erosion and preservation in this
senseis,on the large scale, a function oftectonism with, ingeneral, erosion
occurring on areas of uplift and sediment preservation occurring in areas
of downwarp. The interplay between sedimentation, erosion, preserva-
tion. and tectonism is complex, and useful sumrnaries on the various
interrelationships which can devetop are found in Krumbein and Sloss
( 1963), Reading et al. ( 1978),and Selley (1970).
Of particular importance in the evaluation of sedimentary prisms in
terms of tectonic processes is an appreciation of the timing of events
relative IO each other. It is accepted that the major controlling factor
governing the preservation of sediments during deposition is tectonic
downwarp, Le.,syn-sedinienrary tectonism. Here, continuous or periodic
subsidence due to downwarping allows a sediment "sink" or basin to
develop. (In contrast, though lesscommon, particularly on a large scale,
isthe pre-existence ofa topographic hollowwhich can also allowaccumu-
lation of sediment.) Where syn-sedimentary downwarp is active, it is
most common to findthat the tectonic "grain". often expressed in terms of
thicknesç variation, closelyparallels the sedimentary grain, expressed in
terms of facies trends. However, it should be noted that the rare of
sedimentation relative to the rateof downwarp must also be taken in10
consideration in evaluation of syn-sedirnentary tectonic patterns. The
variety of relationships in these terms is verycornplexbut a simple exam-
ple may illustrate the care which should be taken in any study of sedimen-
tary prisrns. For instance, in situaiianswhere rates af sedirnentation are
very high and rates of subsidence low, it is quite possible that thefacies
trends are widely at variance with the tectonic trends and may entirely
mask such trends. A concise summary of such effects is found in
Krurnbein & Sloss (1963).
So far, only syn-sedirnentary tectonism has been discussed. Where
post-sedimentary tectonism comes into play greater complexities may
arise. Two extremes serve to illustrate these. In instances where post-
sedimentary tectonics develop along the same trends as the syn-sedimen-
tary grain either by re-activation or independently, lines of erosion/non-
erosion maywelitrend closelyparallel to the originalfacies trends. How-
ever, in instances where the post-~edirnenta~ytectonic grain is developed
at, for exarnple, right angles to the original sedimentary trend, then the
zero lines will tend to cut across the facies trends. Obviously a wide
variety of relationships ispossibledepending on the re1ati;e orientations of
the originallacies trends and the superimposed tectonic trends. Criteria -
for recognition of original depositional feather edges, shorelines and ero-
sional zero lines are noted by Krumbein and SIoss (1963). Al1types
appear to occur in the Mesozoic and Tertiary sediments of the Pelagian
Basin area as described in the various publications on the offshoreregion,
aithough it isnot always clear from the authors' reports which are present.161 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 233
In the following discussionthe sources used are: Ziegler( 1978), Maz-
.<one( 1976), Mazzone (19771, Mazzone and Mazzola ( 1978), Mazzola
(19771, Poggiagliolmi (19791, Salaj (1978), Bismuth et al. (1967),
~Zhoignard ( 1979), Bonnefous (1967) and Harnmuda and Missallati
(1980).
It isconvenient to subdivide the region into three sections as a basis for
ihe discussion on coastline trends:
(a) Tripoli to the SirtBasin Area;
(b) Tripoli to the region of Zouara; and
(c) Westward from Zouara to the Gulf of Gabes and across mainland
Tunisia.
Ziegler (1978) shows, in his analysis, that shorelines and "zero" lines
werall confarm very closdy to the present day shoreline trend, particu-
larlyin the region between theGulfofGabes and Misuratah (Figure 1A).
(Shorelines as opposed to erosional zero lines are not distinguished one
Frornthe other in Figure 1A.) Inthe section eastofTripoli (a) he shows
that al1theshore/zero linestrend paratlel to the present coast but also that
111,when followed eastward. display an abrupt southward swing. It is
notable that the point where the shore/zero line swings abruptly south-
ward shifis with time so that, whereas in Neocornian-Aptian times the
point of shiftis near Tripoli, through the rest of the Cretaceous and into
theTertiary period,the point wherethe trendschange occurs progressively
Further to the east, reaching the vicinity of Misuratah and beyond.
Although the southward shift iri trend of the shore/zero lines is almost
undoubtedly related to the development of the Sirt Basin and followsthe
western rnargin of this fault controlled depression. itis clear that the
distinctly arcuate trend of the shore/zero lines, when followed further
southward, owesmuch to periodic movement on the Nefusa uplift (Figure
]A). (Indeed, Ziegler depicts most of the lines in this area as being
:rosional ratherthan depositional,withtectonismhavingcausedmodifica-
tion of the original sediment distribution.)
Westward (rom Tripoli to Zouara (Zone b), the various shore/zero
linesdisplay, through tirne, a remarkably close conformity to the present
day coastal trend although in almost al1instances slightly northward frorn
il. From Zouara westward (Zone c),shorelines diverge from the present
day coast and trend across the present day gulf to cut the Tunisian coast in
the Gabes region. With the exception of the Campanian-Maestrichtian
and Neocornian-Aptian coastlines, Ziegler's data stopsjust inland of the
present Tunisian coastline. The Campanian-Maestrichtian coastline is
shownto arc around a narrow north/northwest to east/southeast trending
promontory, whereas the Neocomian-Aptian coastline is seen to take a
more wesrerly trend from the region of Djerba and also to define an
"island" inthe area dominated by the Matmata "high" during the Juras-
sic (Bonnefous. 1967). Data from Bonnefousand Salaj (1978) already
discussed in Anketell (1980) indicates that during the Mesozoic, island234 CONTINENTALSHELF
areas were periodically developedon this "high" and along the line of the
north/south axis line due to reactivation of both the Nefusa and
north/south uplifts.
Two other major points are apparent from Ziegler's synthesis of the
Pelagian Basin. The first isone which shows local"islands" or land areas
developed within a west/northwest to east/southeast trending zone bor-
dering the Malta-Medina platforrn during Palaeocene-lower Eocenetimes
(Figure 1). This would appear to be the zone identified by Mazzone
( 1976)as the Isis"platforrn" and itisalsothe zoneof "tilted fault blocks"
referred 10inSection 1. The occurrence of "highs" such as this along the
edgesof "stable" blocks(in this instance the Malta-Medina platform) are
well documented in studies of modern strikeslip tectonic systems. The
processes which control the development of such structures are in some
sensesstill no1clearly understood, eveninland basedsituations. Observa-
tions show, nevertheless,that in "pull apart" basins they do exist. Even
so, analysis of the present situation in these terms must retain a sense of
suggestion rather than of conclusion. In addition to the "island" areas,
which rnust reflect periodic uplift of the marginal zone to the Malta-
Medina platform or a faIl in sea level,an "island" area wasalso developed
during Oligocene tirnesaround Pantelleria. This, developed on the plat-
forrn,isprobably a reflectionofvulcanicity in thearea with the build-up of
a volcanic island. The second major feature discernible from Ziegler's
studies, even though it is not so obvious from hismaps as it is in those of
Mazzone and others (see below), isa "sharp" divergencefrom the general
conformity of older coastal trends with the present coastal trend in the
regionof Zouara. In Ziegler'smaps, see Figure !A, during Albian and, to
a lesser extent, Neocomian-Aptian times, the shorelines exhibit a distinct
northeasterly trending bulge away fromthe overall west/northwesterly to
east/southeasterly coastal trend. However, before further discussion of
this particular feature, several other points arising from study of the
shoreline trends deserve comment, points which havesome bearing on the
interpretation of the coastline bulge in the Zouara region.
As far as the present day sea area isconcerned, i.e., east of the generally
north trending part of theTunisian coastline, the patterns shown in Figure
1A and particularly Figures 3A and 4A are closely comparable to the
present coastal trend. Addition, however,of the interpretations oncoastal
trends after Salaj (1978), Bonnefous (1967) a'ndBismuth et al. (1967),
in respect of mainland Tunisia (Figures 2 and 3), brings out clearly the
fact thal a marked change in shoreline trends took place at the end of
Cretaceous-early Tertiary time. Prior to this time, continuation of both
Jurassic and Cretaceous seas westward from the Pelagian Sea area fol-
lowed a coastline which swung gently from a predominantly
east/southeast to west/northwest trend in the area between Tripoli and
the Gulf of Gabes, into and through a gentle arc across southern Tunisia
where it eventually attained an overall east/northeast 10west/southwest
trend. This gentle swing, moreor lessfollowingthe trend of the continen-
tal margins. took place across the line of theorth/south axis along which?] TECHNICAL ANNEXES TO COUNTER-MEMORIAL 235
island arcas periodically appeared (see above). This pattern is also
:xpressed in the offshoremarinefacies and wasdiscussed in sornedetail in
1 previous report (Anketell, 1980). ln ail, it can be seen that during the
Jurassic and Cretaceous periods the area in question wascoveredbysea to
the north of a line more or less parallel to the present Jefîara coast and
zontinued across southern Tunisia. The greater part of the Tunisian
mainland was, therefore, at this tirne a "westward" continuation ofthe
marine Pelagian Basin bordering the northern margin of an African
landmass.
During Campanian-Maestrichtian times, however, the coastline trend
rrom the Gulf of Gabes region changed (Figure 4). Here, instead of
trending parallel to the edgeof the "stable" African platform. the coast-
lines followeda more northwesterly trend from the Gulf of Gabes across
jouthern Tunisia, hugging the northeasterly facing shores of a "land
area", the Kasserine "high", continuous from the Nefusa uplifi. Only in
the area of Gafsa on the southwestern flanksof the Kasserine "high" was
the older shoreline trend preserved. Here the east/west trending Gafsa
Trough apparently remained a site of.rnarine sedimentation through the
rertiary up to Upper Eocene times (Figure 4A). Throughout the Terti-
ary, the northwest trend of the shorelines across eastern Tunisia continued
up to the region of the north/south axis across which it is seen to swing
abruptly into a predominantly northeast ro southwest trend (Figure 4).
(See also Anketell, 1980, Figure 5 for comparable trends infacies).
In detail, the northwesterly trending sections of the shorelines across
mainland Tunisia are complex in shape. It can be seen from Figure 4A
that although the overall trend is to the northwesi, there are many
instances of local and very abrupt swingsinto narrow northeasterly trend-
ing bulges. This particular pattern is closely parallel to the fold trends
which occur in the area and which are the result of the Alpine orogcnic
tvent. The question, however, is whether the noriheasttrly swings in
coastaltrends are:
a. Due to syn-sedimentary uplift parallel to the Alpine structural grain.
uplift which would have caused formation of local ridgesand basins
and, by virtue of shallowing ordeepening the seas, have caused local
migration of the shoreline facies;or
b. Due to post-depositional uplift along the Alpine trend followed by
erosion, in which case the northeastward directed portions of the
shorelines really resulted fromerosional modificationofthe sedirnen-
tary prism and only those parts of the shoreline with a northwest
trend would roughly delimit the original coastal trend.
The solution as to which situation has prevailed isdifFicult,and reçalu-
tion of the problem from data to hand is rather inconclusive. It is of
interest, however, to consider Figure 8 (Anketell, 1980). Here it can be
jeen that thefacies lines (after Bishop.W.F., 1975) trend sensiblynorth-
westward,whereas the isopachcontourstrend tery much at right angles ta
those. Irwouldseernto the presenl author that such a relationship is best
zxplained in terms of post-depositional folding allowing erosion, rather235 CONTINENTAL SHELF
than in terms of northeast trending sedimentary basins and highs since.
Had such occurred, the facies patterns would have almost certainly
reflectedchanging depths/ environments in the sedimentary basins and as
such, partially if not wholly, rnimicked the isopach patterns.
It should be remembered, however. as noted above, that in areas of
higher rates of sedimentation. the downwarping zones might well have
been masked by rapid supplyof sediment keeping the sediment floorlevel
eventhough the sedimentary basement was subsiding. Evenso,consider-
ation of the types offacies involvedin this instance makes this unlikely.
The author therefore suggests, but cannot easily prove, that manyif not ail
of the abrupt facies/shoreline swings shown in lirhofacies and shoreline
maps of central and northern Tunisia may not be syn-sedimentary in
origin but are in al1 probability superimposed, post-depositional struc-
tural-erosional trends.
However, no matter which of these situations prevailed, it is obvious
that even with the change in shoreline trends in Tertiary times across
Tunisia, much of the central and northern part of the country was still
underneath the sea and it was not until the "final" phases of the Alpine
orogeny were completed that it attained its present configuration.
Returning to the northeast trending "bulge" in the coastline in the
Zouara area one is faced with a slightly more cornplex problem. Figures
3Aand 4A showthat this bulge isof importance at various tirnes, particu-
larly in Neocomian-Barremian. Aptian-Albian. Eocene and Palaeocene
times. Figures 4B and 4C further illustrate that more detailed surveysof
the area refine the bulges to narrow east/northeast to west/southwest
trending zones. Al1authors concerned in the study of the region relate
these swings tothe presence of sale walls (see Section 3 below) and there
islittle doubt. when the detailed maps of Choignard (1979) and Poggiag-
liolmi (1979) are studied, that this is probablyso. What isof immediate
interest is that this "salt trend" cuts across the general east/southeast to
west/northwest Sirtic structural trend, displaying a close affinity withthe
trends of foldsin southern Tunisia. Itissignificant perhaps that Poggiag-
liolmi (1979) refers to it as a "Tunisian trend" although he does modify
the terrnwith a query. It isalso important to note that salt wallsdooccur
in northern Tunisia in close associationwith, and parallel to the trends of,
Alpinestyle folds. It wouldseem totheauthor that any claim that the salt
wallscan be interpreted as typically "Tunisian style" structures should be
examined in some detail.
The followingsection thus involvesa brief discussionof the genesis of
salt domes and salt walls and evaluates those of the Pelagian Basin in
terms of regional tectonic events.
SECTION3
Salt Walls
A. Genesis of salt domes and salr walls
Salt domes/plugs and salt wallsare intrusive features resulting from the
injection of evaporite deposits, mainly halite, into overlying sediments byIl01 TECHNICALANNEXES TO COUNTER-MEMORIAL 237
plastic Flow. They are, respectively,columnar and sheet-like in shapeand
cut across the overlyingsediment succession,often causing deformation of
that succession by drag-folding and faulting. Such features as rim syn-
clines and circular faults are common expressions of such salt tectonics.
The followingconditions are necessary forthe formation of salt domes
and salt walls:
i) The deposition of an evaporite layer;
ii) Burial of this layer under other sediments such as sands, shales,
limestones etc.; and
iii) The eventuat creation of a reversed density systern, i.e., a situation
where the salts have a lower density than the overlying sediment
pile. In such an unstable situation the salt willtend to rise in order
that equilibrium be established. Reversed density çystems are
cornmon in gealogy and range in magnitude from major granitic
intrusions many kilometres in extent, to small scale soft sediment
deformation structures such as load casts where scale is measured
in terms of centimetres. The processes involvedare discussed in
detail by Anketell et al. (1968and 1970), Ramberg ( 1967), and
Artyushkov (1965).
Formation of salt domes as opposed to salt walls is largely a function of
patterns ofweakness in the sedimentary overburden. If the sediments of
the overburden and the salt layer are homogeneous, the pattern of defor-
mation of the inter-face between them takes the form of regularly spaced
diapirs (see Anketell etal., 1968, 1968, 1970). The shape of the diapirs
depends on the relative kinematjc vjscositiesof the two layers. Where the
system is heterogeneous. the regular pattern of the diapirs breaks down.
Should the overburden display linear zones of weakness such as joints,
faults, or axial planes of folds, particularly anticlines, the salt will(Oend
exploit these zonesand thus display an "inherited" shape (Anketell elal.,
1968, 1970). It is also possjblethat, should either the overburden or the
salt layer itselfisplay any heterogeneity such as thickness variation, this
toowillbe inherited by, and control the pattern of,the uprising salts. The
variety of conirolson"inherited" shape of the structures is numerousand
the reader should refer to the above mentioned papers for more details.
Accepting that the basic requirement for salt diaprism isthe production
of a reverse density gradient two other points should be considered.
(a) Wow is the reverse density gradient produced?
(b) How is deformation iniliated?
A widely accepted view isdiscussed by Levorsen (1967). The
(a)
sediments of the overburden, sands, silts, etc.,are of lower density than
saltand in the initial stages of formation the sysiernof salt plusoverburden
thus displays a normal density gradient. However,temperature and preî-
sure increases, consequent upon burial, cause the sediments of the over-
burden to increase in density whereas the density of the salt layer is little
altered by such effects. A situation is eventually reached where the
overburden attains a higher density than the salt and a reversed density
system is generated. 238 CONTINENTAL SHELF Iil]
initiation of movement. Anketellm haetn01.(1970) chose to cal1the process
which initiates deformation in such systems a "trigger mechanism" and
showed that in soft sediment systems this mechanism can be any process
whichcauses failure of the bearing capacity of the lessdense layer. It was
shown, in a series of experiments, that a wide variety of mechanisms may
be operative but that once movernent was initiated, deformation of the
interface followedthe same pattern (controlled by the various degrees of
hornogeneity of the system) no matter what the trigger mechanism hap-
pened to be. Literature on the initiation of salt diapirs shows. notsurpris-
ingly, lhat a similar situation pertains. A useful cornmentary on the
problem of "trigger mechanisms" in this particular field is that of Chris-
tian ( 1969) who lists as possibilities:
1. Irregularities in the upper surface of the salt.
2. Variations in the density of the overburden.
Progressive plasticization of the salt by heat.
3.
4. Initiation of one or more salt features by another (salt structure
"families").
5. Tectonic (faulting and folding).
6. Regional dip.
Itshould be noted that here faulting and folding are invoked as initiat-
ing deformation. i.e., they play an active role in contrast to apassive role
in which salt injectionsexploit fold and fault trends but are not caused by
them, i.e., inherited patterns.
In addition to the above mechanisms. which were presented as a means
to explain the pattern of sait walls in the southern British North Sea,
Sorgenfrei in the Christian (1969) Discussion,suggested that the pattern
displayed by the salt walls in the area. Le., an en-echelon arrangement,
might well be explained in terms of horizontal shear movements.
Once movernent of the salt is initiated, no matter what the trigger
mechanism. the structure grows spontaneously until equilibrium is re-
established. This is often brought about by resistance due to weight of
overburden or by an "evening-out" of bulk densities resulting from the
injection of "low density" salt into the higher density levels. Further
addition of overburden following continued sedimentation, may re-start
the processsa that salt plugs. walls.etc.. can often be seen to have moved
repeatedly (cf. Anketell er al.. 1970).
In summary, itwouldappear that salt injectionsdemand the production
of a reversed density system and that rnovementof the salt may be initi-
ated ina variety of ways. Of importance isthe fact that once deformation
isinitiated,thepattern of salt deformation iscontrolled by the homogene-
ityof thesystem. lnherent in this control isthe possibilitythat ihe pattern
of salt deformation may, in the case where foldingor faulting comprise the
trigger mechanism, mimic the pattern of the foldsor faults. The resulting
structures are in al1 probability indistinguishable from those salt struc-
tures which have made use of existing folds and faults as zones of weak-
ness which allow passage of the salt through the overburden.1121 TECHNICAL ANNEXES TO COUNTER-MEMORIAL 239
B. Salt walls in the Pelagian Bnsin Region
The brief discuçsionabove on the genesis of salt domes and sait walls
would appear to show that initiation of upward movement of the salt may
arise from a variety of "trigger mechanisms". However,the response in
homogeneous systems is esçentially similar no matter which mechanism
wasoperative in initiating the process. lt is alsoclear that the production
ofSaltwallsas opposedtosalt domesdemands that the uprisingsalt shoutd
expjoit linear zones ofweaknessin the overlyingsedimentary pileand that
commonamong such zonesare joints, faults and the axial plane sectionsof
folds. Itwould appear reasonable, considering the tectonics of the Pela-
gian Basinarea, to assumethat the salt wallsinthe region might be related
to such structures particularly since there is ample evidence to show that
the region is heavily faulted, jointed and also, as far as the Tunisian
mainland isconcerned, folded. It should be remembered that such struc-
tures may be produced in the sediment pile (i) before salt deformation is
initiated and thus later exploited, (ii) becoincident withthe salt deforma-
tion, (iii) be cauçed by the salt intrusion.
The following section examines briefly the possible relationships
between salt wall formation in the area to the presence of:
(a) Folds.
(b) Faults and joints.
(a) Folds
Itwas notedabovethat the salt wall trend iscloselyparallel to the trend
of foldsin southern Tunisia and alsothat salt wallsand diapirs dooccur in
association with foldsin northern Tunisia where they display trends paral-
le1to those of fold axis. In the Pelagian Basin area, however, there is no
evidence in any of the geographical cross sections such as those of Ziegler
(1978, plates 10and II) that the sediments associated withthe salt walls
have suffered folding independently of salt wall intrusion. Any folding
whichdoesoccur wouldappear to be interpreted as having been caused by
the intrusion process (iii), rather than having becnthe cause of,or having
controlled the shape of the intrusion (i), (ii). Choignard (1979, plate
20) notes quite clearly that the folding associated with the salt walls
should beinterpreted as rim synclines. Anyother dips inthe stratigraphie
successionare seen to beIargely the result of syn-sedimentary downwarp
of the basin coupled with faulting.
(b) .Fuults
There would,on the other hand, certainly appear to be a close relation-
ship between salt wall trends and faulting within the area, while itcan be
seen from almost al1 structural maps related to the region that the
west/northwest to east/southeast "Sirtic" trend is by far the mast com-
mon (Ziegier, 1978, plate 1). Mazzone (1976, Enclosure 1 ) records
several faults with a trend similar to that of the salt walls and in close
association with them. (It should be noted here that the paucity of
obser-vablefaults ofsalt walltrend may wellbedue to thesalt wallsas such
masking evidence of the presence of such structures.)240 CONTINENTALSHELF il31
While it is true that the salt walls display a marked east/northeast to
west/southwest trend. a feature very strongly stressed by Poggiagliolmi
( 1979), see Figure3C, it can be seen frorn Choignard (1979), see Figure
3C. and Mazzone (1976), see Figure3B, that the pattern is less simple
than that shown by Paggiagliolmi. Both Choignard and Mazzone show
that the "major" salt walls have the form of an inverted T . ln other
words, the structures, while undoubtedly displaying an east/northeast to
west/southwest trend also have a major west/northwest to east/southeast
componeni, i.e., a Sirtic trend. (In general, this feature received little
comment by either of the authors.) There wouldappear little doubt that
such portions of the salt walls are controlled by faults of the Sirt Basin
system such as are shown in the structural maps of Ziegler (1978, Plate
1). Mazzone (1976. Enclosure I ) and Choignard ( 1979), Figure 3C.
Thus, itis suggested that the salt walls in the Pelagian Basin are best
related to faults in the area and that they wereinjected into the sedimen-
tary overburden along these lines of weakness, taking up a predominant
east/northeast 10west/southwest trend but with a strong west/northwest
to east/southeast component.
Accepting that the salt walls are best explained in relationship to the
fault patterns and not to "Tunisian style" folding, it followsthat they are
intimately related to the tectonic events which led to the formation of the
Gabes-Tripoli Basin. In Section 1above it was proposed that these tec-
tonic eventsinvolverotation of the African plate in relation to the Euro-
pean plate. In this respect it is interesting to speculate again on the
suggestion of Sorgenfrei (in Christian (1969) Discussion) with regard to
the origin of salt walls in the North SeaBasin. He suggested that the en-
echelonarrangement of these wallsmight indicate that their origirishould
be considered in terms of lateral shear. Since there appears little doubt
that the fault patterns in the Gabes-Sabratha Basin can be interpreted in
terms ofmajor dextral shcar movementson theJeffarafault systemand in
the offshorearea, it is interesting to speculate that, noi only havethesalt
wolls ojihe area exploiied ihefaulis soforrned, but movementof ihesolt
muy well havebeeninitiared by rheshearmovements. Substantiation of
such an hypothesis would. however.demand careful dating of the variaus
phases of fault generation in relationship to sait movement.
It appears to the author that the salt walls havea veryclose affinitywith
the structural style of the Gabes-Tripoli Basin and, since this structure
style owes much more to rnovementsgenerated within the African plate
than to Alpine style tectonics, then the origin of the salt walls is.best
regarded as an integral part of "Libyan style" tectonics.
CONCLUSIONS
From the brief study of new data on the Pelagian Basin it would appear
to the author that:
a) Offshore structure trends,
b) Shoreline trends,
c) Salt wall trends,[141 TECHNICALANNEXES TO COUNTER-MEMORIAL 241
in the region of the Gabes-TripoliBasin area al1 owe their originto
tectoniceventsgeneratedwithinthe"stable" Africanplateand owe little
or nothing to Alpine style tectonism. Also, study of shorelinetrends
indicatesclearlythatthegreaterpartof mainland Tunisiais theresultof
AlpineJAtlasaicupliftandhasin geologicaltermsonly"recently"arisen
fromthe sea!242 CONTINENTAL SHELF il51
Riedel ShéarPatterns
it is generally accepted that shear zonesof a particular scale are them-
selves made up of systems of shears of a lower scale. These patterns are
known as shear zone structures. Investigation ofsuch structures experi-
mentally involvesthe use of various devices,one of which is the shear box,
and one of the most frequently used experiments is the "Riedel experi-
ment" (Riedel, 1929). Here. a slabof plastic material islaid horizontally
on top of two adjoining boards which can be displaced horizontally one
past theother. The shearing motioncaused by horizontal displacernent of
the boards, to which thecfay sticks. is propagated upward from the shear
plane through the clay in a wedge shaped zone which widens toward the
surface. This zone contains a number of shears which display a charac-
teristic en-echelon arrangement on the top surface of the clay layer and
whichsubtend angles of up to 12to the direction of the shear plane. They
are accompanied by conjugateshearsor conjugate "Riedels" (Tchalenko,
1970). see Figure 2. Tchalenko has also shown that as deformation
proceeds. a variety of patterns develops in relationship to peak shear
strength.
(i) The first shears, Riedels and conjugate Riedels, developjus1 before
penk shear sJrength inclined at approximately 12 for Riedels and 70 for
conjugate Riedels. The latter are not always developed. Furthermore,
due to the large angli they subtend to the main direction of shear, they
become passive and distort into S shapes. They do no!affect the major
pattern of the Riedel shears.
(ii) Further deformation to and through post peak shear strength is
accornpanied by the two following phases:
(a) rotation and extension ofthe Riedels intoa more horizontal direc-
tion, together with development of newshears at angles of 8 to the
nrain shear trend.
(b) the rotation of the Riedel shears isaccompanied inthe later stages
of post peak strength by the production of shears formed at an
average inclination of - 10,Le.,approximately symmetrical to the
Riedels around the shear direction. These form interconnections
between the Riedels, thus forming "bull nose" structures (see
Tchalenko, 1970, Figure 1OA-D) . Such shears are called Pshears
by Tchalenko, and he suggests that their production involvesthe
following processes:"( 1) A reduction of the shearing resistance
along the Riedel shears toward the residual'strength value and (2)
a local increase and rotation of the principal stresses in the sense
opposite to that of the general movement" (Tchalenko, 1970,
P.1634).
(iii) Pre-Residual structures are developed by Further shearing stress.
Here. continuous shears begin to farm, i.e., "principal displacement
shears". These are isolate lensesof essentially passivematerial and trend
at 0-4 to the main shear line. This tendency to interconnect individual
shears reaches a maximum in: [161 TECHNICALANNEXESTO COUNTER-MEMORIAL 243
(iv) Residual shear structure where nearly al1displacernent takes place
along a major singleshear which issuperimposed on the interface between
the two boards, i.e., above the main fault line.
It isclear that the major characteristof Riedel shears istheir arrange-
ment en-echelon with respect to the major controlling shear, For left-
handed orsinistral movement oftheshear the Riedelsare also left-handed
or anti-clockwise; the opposite is true for right-handed rnovement. A
useful rule of thumb is that the acute angle subtended by the Riedelshear
to the main shear direction points in the direction of movement for that
sideof the main fault at which itoccurs. Note that the minor faults inthe
Pelagian Basin display just such a relationship to the major Jeffara fault
system.
An important aspect of the workof Tchalenko is ihat he compares
experimental studies with naturally occurring phenornena, drawing close
parallels betweenshear box patterns and those fault patterns produced by
earthquakes. He alsostresses that major Riedel shear patterns in nature
are made upof a nurnber afminor Riedelshear patterns. Indeed, inshear
box experiments he points out that "Riedels within Riedels" can be
recogniseddown to microscopic scale. Others whohave interpreted fault
patterns in terms of Riedel shear structure are Lawrence (1976) and
Webster (1980). Both authors interpret sets of shears along major fault
zones on the basis of Riedel shear .mechanics.
The present author considers that much of the fault pattern in the Sirt
Basin and from the Pelagian Basin, can be explained in terms of Riedel
Shear systems caused by strike-slip reaciivation of deep-seated faults on
which original movement was primarily dip-slip. Analysis of the Sirt
Basin fault pattern an this basis is at present in progress.244 CONTINENTALSHELF [171
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Anketell. J.M. et al. (1970) On the deformational structures in sys-
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Anketell, J.M. el al. (1978) "Fault patterns in the Western Sirte
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Annex 13
COMPARIS OONTHELIBYAN AND
TUNISIANECONOMIES248 CONTINENTAL SHELF [11
1. There are deepdifferences betweenthe Libyan and Tunisianecono-
mies arising frorn varying geography, population and resource endow-
ment. In sornewaysit appears that Libya has clear advantages. Libyan
national incomeislarger than that of Tunisia expressedincash terms, and
percapita incornesfollowthe sametrend. Equaliy,Libyahas an appreci-
able foreignexchange incomethat far exceedsthat of Tunisia. But these
factorsare morethan offsetbyelementssuchasthe fargreater maturity of
the Tunisianeconomyvis-à-visthat of Libya. Tunisia,too,has noneofthe
deepdependenceon foreigntrade as doesLibya. Extremelyimportant for
the immediate future, Tunisiahas returned afar more rapidrate ofgrowth
inpersonalincomesthan Libya for some years. This review willset out to
analyse the main economicindicators as a means of illustrating the rela-
tive status of the two countries.
2. In the range of basic economicand related indicators the causesof
variations betweenthe two states becomeapparent:
. BASICINDICATORS1978
Population GNP per CNP percapita Inflatio46)
(mu) capita(S) growtb rate 1970-78
- -
LI BYA ................2.7 6,910 6.2 20.7
TUNlSlA ........... 6.0 950 4.8 7.1
Adult Lifexpec- Averageindeoffood
literacy (% )tancy (yrs.) productiopercapita
LIBYA .......................50. 55 123
TUNISIA ................... 55 57 128
SOURCE:The Wortd Bank, World DevelopmentReport 1980, pp. 110-
111.
From these basic economicfactors produced by the World Bank it is
demonstrated that Libya hasan advantage over Tunisiain onlytwoout of
seven:the tao factorsconcerningpercapita income,each a reflectionofoil
revenues rather than of genuine productive enterprise. Tunisia has solid
advantages in al1the socio-economicvariables: literacy, life expectancy
and food production. In one out of three financial indicators, average
annual inflationrates fordornestic prices, Tunisia hasa better record than
Libya for the 1970-1978 period. lt is particularly noteworthy that
Libya's recenl historythrough to the foundingof the independentState of
Libya in 1951has left the country with severeand slowlycured problems
affecting the very basic aspects of life. High ail income is only slight
assistance in solvingdifficultiessuch as, illiteracy, poor health and short
lifespan. Libya'srate ofinflation hasproveddamaging inthe sensethat a
combination of dornestic inflation caused by high growth rates in the
economyand importedinflation have persistedin parallel. Incornparison,
Tunisia has maintained a relativelysteady domestic price systemdespite
worldwideproblems with inflationduring the 1970-1978 period. 121 TECHNICALANNEXES TO COUNTER-MEMORIAL 249
3. The economic strength of any stateisdetermined by its ability to
produce goodsand services for whichmarkets may be found. Growth in
Gross Domestic Product and in industry issignificantly greater in Tunisia
than in Libya. Serviceshave grownfaster in Libya than in Tunisiathough
this has been a function of the government's receipts of oil revenues and
the need of successiveadministrations there to diffusefitsthroughout
the population by creating employmentin the public sector. Mostjobs in
servicesin Libya are in government ministries and agencies, in the armed
forcesand police,andin persona1services. On thecontrary, inTunisia the
service industry also includes an important proportion of service workers
in tourism, which is a high foreign exchange earner and is directly
productive.
GROWTH OF PRODUCTION
GDP % Agriculture Induçtry ~nnufacturin~ Services
-970-78 % 1970-78 % 1970-78 % 1970-78 961970-78
LIBYA ..........0.9 12.7 -2.7 18.4 16.7
TUNISIA .......7.9 5.6 8.1 11.0 8.7
SOURCE :he World Bank, World DevelopmentReport 1980, pp. 112-
113.
4. Veryhigh growth rates achieved in Libyan agriculture are largely
an expressionof the large investments undertaken by the Libyan Govern-
ment in that sector since 1972. Libya started from a lowbase levelalso.
The actual productivity of the Libyan investment has beenw (see next
table). There is a marked diflerence in the nature of growth in the
manufacturing sectors of the two countries. In Libya, manufacturing is
mainly a function ofoil-related developments, especiallyinoilrefiningand
petrochemicals. Manufacturing is, therefore, capital intensive and rein-
forcingof the dominant role of the hydrocarbons sector. lt isto be noted
that Libya, with a rapidly growing population, requires a more rapid rate
of growth than Tunisia merely to keep pace withthe extra peoplejoining
the society. This isamply illustrated bythe poorrate ofgrowth in Gin
the 1970-1978 period.
5. Both Libya and Tunisia are immature in comparison with the
industrialized StatesofOECD. Libya, however,isby a large degree more
immature than Tunisia as measured by the structure of national income.
This is shown in the concentration of contribution toGross Domestic
Product in Libya from the industrial sector, cornprising effectivelythe oil
sector. In Tunisia there issomeçtrength in the servicessector, accounting
for some 52 per cent. of goodsand services withGDP, but there is also
strengthelsewhere, in agriculture, manufacturing and industry, which is
almost totally absent in the case of Libya. Indeed, in Libya the joint
contribution of agriculture and manufacturing is only 5 per cent.250 CONTINENTALSHELF i31
STRUCTUREOF THE ECONOMY 1978
Distributionof CrossDomesticPro-uper cent.
Agriculture lndustry Manufaciuring Services
-
LIBYA ........ 2 71 3 27
TUNlSIA ... IS 3O 12 52
SOURCE :nternational Monetary Fund, Yearbook of National Accounrs
Staiisrics. 1978
6. Despite attempts to diversify the Libyan economy, the rate of
growth in the oil sector has tended to dwarf developments elsewhere,
especiallysince the rise in oil prices consistently felt since 1973. Evenby
the standards prevailing in other oil economies of the Middle East and
North Africa, Libya has only slight production contributed by its agricul-
tural and manufacturing sectors. The combined strength of these two
items inSaudi Arabia in 1938was6 per cent..in Kuwait 7 percent., and in
Algeria 20 per cent. of Gross Domestic Product against the 5 per cent. in
Libya. Itisemphasized thatthe Libyan positionoccursdcspite a 10.9per
cent. rate of growth in Gross Domestic lnvestment in the period 1970-
1978, only marginally lessthan that achieved in Tunisia. wherr the coni-
parable figure was 11.9 per cent.
7. As a result of the poor resource base in Libya outsidc the hydrocar-
bonssector, Libya has tended to increasc its consumption an cxtremely
rapid rate:
GROWTHOF CONSUMPTlON 1970-1978
AverageAnnualGrowth Rate
in Consumpii-npr cent.
PublicConsumption Pritate Cunsumptian
LIBYA ...................22.6 21.2
TUNISIA .............. 8.8 8.8
SOURCE: International Monetary Fund. fiarbook of firationa.4rc.oir11r.v
Siatisrics, 1978.
Among the difïerentiating charactcrisiics of the Libyan and Tunisian
economiesis ownership of resources as between state and private sectors.
The structure of demand for the two States indicatcs this situation with
someclarity. Publicconsumption inTunisia in 1978accounts for only 16
per cent. of Gross Domestic Product against 28 percent. in Libya, wherc
there have been appreciable extensions of state ownership since 1969.
though there would be a tendency in an oil based economysuch as Libya
for the stateto be more intimately concerned with consumption in any
case, since the government, as previously explained, is a main dispoofr
funds as the recipient of oil revcnues. Private sector consurnption in
Libya was a mere 28 per cent. of Gross Domestic,Product in 1978 in
contrast to 64 per cent. in Tunisia in the same year.Pl TECHNICAL ANNEXES TO COUNTER-MEMORIAL 251
STRUCTURE OF DEMAND 1978 -per cent. GDP
Gross Cross Exportsof Balance
ConsumpiiOn Domatir Domestic Cds and of
--blic Privatelnvestment ---ings Sewices Reuiurces
LIBYA ...... 27 28 25 45 56 + 20
SOURCE: The World Bank, WorldDeveloprnentReport 1980.
8. Uninhibited by the problems associated withoil dependencewithin
the economy, Tunisia haspushed up its proportion of Gross Domestic
Productdevoted toinlestment to 30 pet cent.while Libya reportedin 1978
that 25 per cent. ofGrossDomesiicProductwaschannelledto investment.
At the sametime, Libya wasable to coveral1domesticinvestmentcostsby
savingsand had a balanceoffinancialresourcesof20percent. at year end.
InTunisiadomesticsavings wereunable tocover investmentoutlaysand a
deficiwas incurred on the balance of resources-1Oper cent. Libya's
exportsofgoodsand servicesasexpressedasa proportionofGrossDomes-
tic Product was nolessthan56 percent. against 31 percent. for Tunisia.
While Libya'sexport orientation (deriving almostenlirely fromcrude oil
and natural gas exports) brought in foreign exchange, the balance in
Tunisia betweenexport and interna1 trade indicated greater economic
integrity and domesticsophistication in market activity than was evident
in Libya.
9. Libya's favourable financial situation bolstered the Libyan Dinar
vis-à-vis other currencies whilehe Tunisian Dinar was less stable in
response tothe financial deficit developedin the economy.
10. Libya enjoysother important economicadvantages over Tunisia.
It recorded energy production per capita at 1,889 kilograms of coal
equivalent in 1978, more than'three times that experiencein Tunisia.
Libya had negligibleimport costsfor its energy,whileTunisia utilized 22
per cent. of its export earnings in paying for its energy import require-
ments. In the sphere of merchandise trade, Libya ran a considerable
surphs, standing at $4,900 million in 1978, when tetms of trade had
movedstrongly in the country'sfavour (see followingtable).For Tuni-
sia, the situatiowas far more adverse. There was a deficit of $1,036
millionon merchandise trade in 1978and terms of trade werelessfavour-
able than those for Libya. Libya,too, was able to sustain its positionof
strengthdespite a decline in the value of its exports. Tunisia pushed its
merchandise exports forward at a rateof21.1 per cent. annually in the
1970-1978 period, but, with irnports rising at 31 pet cent. annually, its
deficit hardened.252 CONTINENTAL SHELF i51
MERCHANDISE TRADE 1977
MerchandiseTrade Termsof Trmde
Exports lmports (%mn) (1970=100)
LIBYA ..........................,.03..... 4,603 280
TUNlSIA .......................,126.... 2,162 133
SOURCE:The World Bank, World Development Report 1980. pp. 124-
125.
11. The nature of Libyan performance in the trade sector is shown to
be narrowly based whenthe structure of tradesexamined indetail. One
hundred per cent. ofxports accrue in the fuels/ minerals area. Tunisia,
on theother hand, exhibits more the characteristics of an early developing
diversified economy, with emphasis on primary commodities but with
some growth in manufactured goods exports across a broad spread.
STRUCTUREOF EXPORTS1977
Fuels Other Textiles Other
& Primary % Mrrchinery. Manu-
Minerals Commodities Clothing etc. lacturm
- -
LlBYA ..............100 O O O O
TUNlSlA ........... 49 17 19 I 14
SOURCE:The World Bank, World Development Report 1980, pp. 126-
127.
SUMMARY
12. Fromthe precedingdiscussionof basic resources in Libyirwillbe
apparent that the country has an exceedingly narrow resource base and
has problems affecting every sectorofthe econorny. Tunisia has a fat
better position in virtually every economic dimension.
13. This is illustrated by recent trends in the economic sectors of the
twocountries. Statistics providedy the United Nations showthat Tuni-
sia's rate of growth of Gross Domestic Product per capita ran at 4.8 per
cent. each yearuring the period 1960-1978against 6.2percent. in Libya.
Hoivever, growthin realterms in theperiod 1970-197 w as much higher
(6.5 percent.) inTunisia than in Libya (-4.5 percent.) as a result of rapid
population growth in Libya and severe domestic and imported price
inflation.
14. The structure of theunisian economy isvastly more mature than
Libya's. Libya isentirely dependent onoil (69 percent.) and services (27
per cent.) for its production. Tunisia gains 18 per cent. from a rich
agricultural base and 12pet cent. from rnanufacturing industry. Tourism
provides afurther 20 per cent. Inherently, the Libyan economy remains
dependent on a single commodity. Tunisia has a breadth of productive
industries withintsborders which giveit an econornicstructure typical of161 TECHNICALANNEXESTO COUNTER-MEMORIAL 253
an intermediate developingcountry as a result of the existence of tourisrn,
phosphate mining, oil and gas extraction and a widely based agricultural
cropping pattern. While,Tunisia's productive sectors grew al an annual
average rate of 7.9 per cent. in the years 1970-1978,Libya managed only
0.9 per cent. The discrepancy between the two was tending in most
sectors to increase over that period.
15. Libya'sdependence on oilcauses deep structural problems in the
economy. Estirnates of Libyan oil reservesVaryfrom an optimistic maxi-
mum of 23,000 million barrels to 5,500 million barrels of recoverable
crude oil. At most Libya'sability toproduce and export oil will run until
approximately the year 2000. Libya willhave toconserve everybarre1of
oilas a national necessityand willneed to increase its reservesbydiscover-
ing newoil if it isnot toslump back into great poverty inthe comparatively
near future.
16.'Tunisia, meanwhile, with itsrich agricultural and industrial manu-
facturing base has a csntinuing future in these fields based on self-
renewing resources. It içso far unhampered by the economic legacy of a
one product ecanomy - inflation, urbanization, immigrant labour, high
wages and a distorted econornic structure.
Documentary Annexes to the Counter-Memorial of the Libyan Arab Jamahiriya