Proclamation 2667—Policy of the United States With Respect to the Natural Resources of the Subsoil and Sea Bed of the Continental Shelf
September 28, 1945
By the President of the United States of America
A Proclamation
Whereas the Government of the United States of America, aware of the long range world-wide need for new sources of petroleum and other minerals, holds the view that efforts to discover and make available new supplies of these resources should be encouraged; and
Whereas its competent experts are of the opinion that such resources underlie many parts of the continental shelf off the coasts of the United States of America, and that with modern technological progress their utilization is already practicable or will become so at an early date; and
Whereas recognized jurisdiction over these resources is required in the interest of their conservation and prudent utilization when and as development is undertaken; and
Whereas it is the view of the Government of the United States that 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 be contingent upon cooperation and protection from the shore, since the continental shelf may be regarded as an extension of the land-mass of the coastal nation and thus naturally appurtenant to it, since these resources frequently form a seaward extension of a pool or deposit lying with the territory, and since self-protection compels the coastal nation to keep close watch over activities off its shores which are of the nature necessary for utilization of these resources;
Now, Therefore, I, Harry S. Truman, President of the United States of America, do hereby proclaim the following policy 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 Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United States, subject to its jurisdiction and control. In cases where the continental shelf extends to the shores of another State, or is shared with an adjacent State, the boundary shall be determined by the United States and the State concerned in accordance with equitable principles. The 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 Witness Whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed.
Done at the City of Washington this 28th day of September, in the year of our Lord nineteen hundred and forty-five, and of the Independence of the United States of America the one hundred and seventieth.
Signature of Harry S. Truman
HARRY S. TRUMAN
By the President:
DEAN ACHESON,
Acting Secretary of State.
U.S. President Harry S. Truman’s executive order on September 28, 1945, proclaiming that the resources on the continental shelf contiguous to the United States belonged to the United States. This was a radical departure from the existing approach, under which the two basic principles of the law of the sea had been a narrow strip of coastal waters under the exclusive sovereignty of the coastal state and an unregulated area beyond that known as the high seas. The speed at which Truman’s continental shelf concept was recognized through emulation or acquiescence led Sir Hersch Lauterpacht to declare in 1950 that it represented virtually “instant custom.”
Prior to conclusion of the 1958 Law of the Sea Conventions, this area of law was governed mainly by custom. The Romans considered the seas as res communis – belonging to everyone, and therefore open to use but not appropriation. After the fall of Rome, state practice tended toward an alternate approach, treating the seas as res nullius – belonging to no one, and therefore open to claim. This approach reached its zenith in 1493, when the major powers of the day, Spain and Portugal, purported to divide most of the world’s oceans between them, claiming exclusive navigation rights in a joint act of appropriation ratified by Pope Alexander VI.
Whereas it is the view of the Government of the United States that 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 be contingent upon cooperation and protection from shore, since the continental shelf may be regarded as an extension of the land mass of the coastal nation and thus naturally appurtenant to it, since these resources frequently form a seaward extension of a pool or deposit lying within the territory, and since self-protection compels the coastal nation to keep close watch over activities off its shores which are of their nature necessary for utilization of these resources;
NOW THEREFORE I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the following policy 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 Government of the United States regards the natural resources of the subsoil and sea bed of the continental shelf beneath the high seas but contiguous to the coasts of the United States as appertaining to the United states, subject to its jurisdiction and control. In cases where the continental shelf extends to the shores of another States, or is shared with an adjacent State, the boundary shall be determined by the United States and the State concerned in accordance with equitable principles. The 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 1943, the Secretary of the Interior of United States communicated to President Roosevelt for emphasizing the importance of the continental shelf extending some 100 to 150 miles from the shore, to the United States from the point of view of security as well as natural resources. Accordingly, he suggested the laying of a legal regime for full appropriation of the immense natural resources of the continental shelf. Ultimately on September 28, 1945, President Truman signed a Proclamation on the policy of United States with respect to the Natural Resources of the Sub- soil and Sea-bed of the continental shelf.
It laid down that the Government of the United States regards the continental shelf beneath the high seas but contagious to the coasts as a part of the United States and thus, subject to its jurisdiction and control. But in cases where the continental shelf extends to the shores of another state or is shared with an adjoining state, the boundary shall be determined by the United States and the state concerned according to equitable principles. Further it clearly provided that the legal status of high seas and the right to their free navigation are in no way affected by the treaty.
To sum up, like the Gulf of Paria Treaty, this Proclamation too had some inherent defects, the major one being that it did not lay down any criteria for delimiting the frontiers of the submerged areas, between the states concerned and the basis on which such areas could be claimed by the parties. But a subsequent U.S. State Department press release defined continental shelf as submarine land which is contagious to the continent and which is covered by no more than 100 fathoms of water.
The geographical concept of continental shelf is an old one but the legal regime regarding continental shelves at the International level is of quite a recent origin. It started from the Gulf of Paria Treaty ,1942, followed by the Truman Proclamation of 1945. Then the Geneva Convention of 1958 was a major convention on this point but it had some inherent defects, particularly in the definition of continental shelf, provided under the Convention.
At present, the law relating to continental shelf is provided by the U.N. Convention on the Law of Sea, 1982. Also, the remarkable judgement of the International Court of Justice in the North Sea Continental Shelf Case (1969) laid down some very important rules rather guidelines for the delimitation of continental shelf.
Further, it is worth mentioning that the U.N. Convention on the Law of Sea, 1982 is a very comprehensive one, dealing with all the aspects of continental shelf delimitation, the various rights of the coastal states as well of the other states.
Thus, it not only seeks to avoid conflicts among the coastal states but also to strikes a balance between the rights of the coastal and other states. To sum up, it can be stated that the adoption of the continental shelf concept has been so rapid, due to the natural resources of continental shelf as well as from the point of view of security of the coastal states also, that the U.N. Convention on the Law of Sea has acquired an important place in the sphere of International Law.