“Nothing in this Treaty shall be interpreted as prejudicing in any way the sovereign rights of
The instrument of ratification of the Treaty by
“The Brazilian Government wishes to state that nothing in the present Treaty shall be interpreted as in any way prejudicing the sovereign rights of
The views of the Government of the
“The Department of State refers to the Note of the Brazilian Embassy of May 10, 1988 enclosing a statement and understanding on the occasion of the deposit on May 10, 1988, of [an] instrument of ratification of Brazil of the Treaty on the Prohibition of the Emplacement of Nuclear Weapons and Other Weapons of Mass Destruction on the Seabed and the Ocean Floor and in the Subsoil Thereof, done at Washington, London, and Moscow on February 11, 1971.
“The Government of the
“Article III provides that all States Parties may ‘verify through observation the activities of other States Parties to the Treaty’ beyond the 12-mile seabed zone, so long as such observation does not interfere with the activities of other States Parties and is conducted with due regard for rights recognized under international law. It is the view of the Government of the United States of America that, under customary international law and Article III of the Treaty, these observations may be undertaken whether or not they are incidental to a so-called ‘normal course of navigation,’ and that such activity is not subject to unilateral coastal state restriction.”
The views of the Federal Republic of Germany with regard to the Brazilian statement and understanding are contained in a note from the Embassy of the Federal Republic of Germany to the Department of State, dated May 18, 1989, which reads as follows:
“The Embassy of the Federal Republic of Germany presents its compliments to the Department of State and, referring to the note of the Department of State of May 27, 1988, communicating the deposit on May 1, 1988, of [an] instrument of ratification of Brazil to the treaty on the prohibition of the emplacement of nuclear weapons and other weapons of mass destruction on the seabed and the ocean floor and in the subsoil thereof of 1971, has the honor, addressing the statement of the Government of Brazil on this occasion, to state the following:
“The right of each state party under article III para. 1 of the aforementioned treaty to verify through observation the activities of other states parties is limited only insofar as it shall not interfere with such activities or activities of other state parties and as it shall be conducted with due regard to recognized rights under international law. The understanding of the Government of Brazil of the term ‘observation’ does not represent, in the view of the Government of the Federal Republic of Germany, an adequate interpretation of that term.
“The Embassy would be grateful if the text of this note could be communicated to the Government[s] of State parties to the treaty.”