[Senate Executive Report 107-5]
[From the U.S. Government Publishing Office]



107th Congress                                               Exec. Rpt.
                                 SENATE
 2d Session                                                       107-5

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        TREATY WITH NIUE ON DELIMITATION OF A MARITIME BOUNDARY





                 July 31, 2002.--Ordered to be printed

                                _______
                                

          Mr. Biden, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                   [To accompany Treaty Doc. 105-53]

    The Committee on Foreign Relations, to which was referred 
the Treaty Between the Government of the United States of 
America and the Government of Niue on the Delimitation of a 
Maritime Boundary, signed in Wellington on May 13, 1997, having 
considered the same, reports favorably thereon, and recommends 
that the Senate give its advice and consent to the ratification 
thereof as set forth in this report and the accompanying 
resolution of advice and consent to ratification.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Background.......................................................1
III. Summary of Treaty Provisions.....................................3
 IV. Entry into Force.................................................3
  V. Committee Action.................................................3
 VI. Text of Resolution of Advice and Consent to Ratification.........4

                               I. Purpose

    The sole purpose of the agreement is to establish the 
maritime boundary between American Samoa and Niue.

                             II. Background

    The treaty was submitted by President Clinton on June 23, 
1998. The Bush Administration has indicated that it supports 
ratification of the treaty.
    Prior to the 1970s, the need to establish maritime 
boundaries generally arose only between states that were 
closely adjacent. But advances both in the technology available 
to exploit the resources in and under the ocean and in the law 
of maritime zones during the 1970s and 1980s have caused the 
issue to arise with much greater frequency. During this period, 
states began claiming territorial seas up to 12 miles rather 
than the traditional three miles, and a number of states began 
to lay claim to national resource zones of up to 200 miles from 
their shores. These claims gained recognition and approval in 
the United Nations Convention on the Law of the Sea, which was 
concluded in 1982 and entered into force in 1994. The Law of 
the Sea Convention provides that states may claim a territorial 
sea up to 12 nautical miles from coastal baselines, a 
contiguous zone of up to 24 nautical miles from the same 
baselines, and an Exclusive Economic Zone (EEZ) of up to 200 
nautical miles. Consequently, as more and more states have 
claimed a wider territorial sea and, even more importantly, an 
EEZ, more and more overlaps with the claims of adjacent and 
opposite states have arisen, and the need to delimit maritime 
boundaries has increased.
    The United States is not a party to the Law of the Sea 
Convention. It has, however, expanded its maritime zones. In 
1976, the Magnuson Fishery Conservation and Management Act 
required the President to establish fishery conservation zones 
of up to 200 miles for the United States and its territorial 
possessions. In 1977, the State Department designated such 
zones for the United States and its territories, including the 
island territories in the south Pacific, stating that it did so 
``without prejudice to any negotiations (with adjoining states 
or territories) or to any positions which may have been or may 
be adopted respecting the limits of maritime jurisdiction in 
such areas.'' Subsequently, in 1983, President Reagan 
proclaimed a 200-mile EEZ for the United States, including its 
territories and possessions. Where the EEZs overlapped with 
those of other states, President Reagan's proclamation provided 
that a maritime boundary with the other state would be 
determined ``in accordance with equitable principles.''
    Such overlaps were endemic among the islands in the south 
Pacific. With respect to American Samoa, both the island state 
of the Cook Islands and the island territory of Tokelau 
(belonging to New Zealand) laid claim to EEZs of 200 mile in 
1977, and the island state of Niue did so in 1978. All of these 
overlapped with the fishery zone the United States claimed 
around American Samoa. As a consequence, in 1980, the United 
States concluded maritime boundary treaties with the Cook 
Islands and with New Zealand (on behalf of Tokelau) that used 
lines between equidistant points to demarcate the boundaries 
between these islands and American Samoa.'' These boundaries 
modified somewhat those that had been set for the fishery zone 
around American Samoa. For the Cook Islands, the treaty created 
a maritime boundary that is 566 nautical miles long and 
utilizes equidistant points ranging from 120 to 199 nautical 
miles from each Party. For Tokelau, the treaty resulted in a 
maritime boundary that is 318 nautical miles long and that 
utilizes equidistant points ranging from 48 to 162 nautical 
miles from each Party.
    According to the State Department's submission, no special 
problems prevented finalizing a maritime boundary agreement 
with Niue, except the need for more accurate data on the 
baselines used to determine the location of equidistant points. 
Once that technical work was completed, and after New Zealand 
confirmed the competence of Niue to enter into a maritime 
boundary agreement, this agreement was concluded. It provides 
for a maritime boundary that is 279.1 nautical miles in length 
and utilizes equidistant points ranging from 139.6 to 199.3 
nautical miles from each Party.

                   III. Summary of Treaty Provisions

    The proposed treaty with Niue is similar in form to those 
previously concluded with the Cook Islands and with New Zealand 
on behalf of Tokelau. The Letter of Submittal from the 
Secretary of State to the President, dated May 27, 1998, 
explains the Treaty in detail, and is set forth in full in 
Treaty Document 105-53. What follows is a summary of each 
article.
    Article I states that the sole purpose of the agreement is 
to establish the maritime boundary between American Samoa and 
Niue.
    Article II designates the data bases used for plotting the 
boundary to be the North American Datum 1983 and the World 
Geodetic System 1984 (these were not available for the Cook 
Island and Tokelau agreements).
    Article III sets forth the coordinates that are used to 
define the boundary.
    In Article IV, in language identical to the Cook Island and 
Tokelau agreements, both Parties relinquish all claims to the 
waters, seabed, or subsoil on the other side of the maritime 
boundary.
    Article V, again in language identical to that used in the 
Cook Island and Tokelau agreements, further delimits the scope 
of this agreement by stating that it ``shall not affect or 
prejudice in any manner either Party's position with respect to 
the rules of international law relating to the law of the 
sea.''
    Article VI commits both Parties to resolve any dispute over 
this agreement ``by negotiation or other peaceful means.''
    Article VII establishes the date of the exchange of 
instruments of ratification as the date the agreement shall 
enter into force.

                          IV. Entry into Force

    The treaty enters into force on the date of the exchange of 
instruments of ratification.

                          V. Committee Action

    The Committee held a hearing to review the Treaty on May 7, 
2002. \1\ On July 25, 2002, the Committee considered the 
Treaty, and ordered it favorably reported by voice vote, with 
the recommendation that the Senate give its advice and consent 
to the ratification of the Treaty.
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    \1\  The hearing print of this hearing is forthcoming.
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      VI. Text of Resolution of Advice and Consent to Ratification

    Resolved (two-thirds of the Senators present concurring 
therein), That the Senate advise and consent to the 
ratification of the Treaty Between the Government of the United 
States of America and the Government of Niue on the 
Delimitation of a Maritime Boundary, signed in Wellington on 
May 13, 1997 (Treaty Doc. 105-53).

                                    
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