International law, Sixth edition
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International Law MALCOLM N. SHAW
Ibid., articles 8 and 9. The production policies of the Authority are detailed in article 151
of the Convention. 378 21(4) UN Chronicle, 1984, pp. 44 ff. See also 25 ILM, 1986, p. 1329 and 26 ILM, 1987, p. 1725. 379 See Churchill and Lowe, Law of the Sea, p. 230. 380 See 21(4) UN Chronicle, 1984, pp. 45–7. 381 See LOS/PCN/97–99 (1987). See also the Understanding of 5 September 1986 making various changes to the rules regarding pioneer operations, including extending the dead- line by which the $30 million investment had to be made and establishing a Group of Technical Experts, LOS/PCN/L.41/Rev.1. See also Brown, International Law of the Sea, vol. I, pp. 448–54. An Understanding of 30 August 1990 dealt with training costs, transfer of technology, expenditure on exploration and the development of a mine site for the Authority, ibid., pp. 454–5, while an Understanding of 22 February 1991 dealt with the avoidance of overlapping claims signed by China on the one hand and seven potential pioneer investor states on the other (Belgium, Canada, Italy, the Netherlands, Germany, the UK and the US), ibid., p. 455. 382 Brown, International Law of the Sea, vol. I, p. 455. 383 Ibid., p. 456. This organisation consisted of Bulgaria, Czechoslovakia, Poland, the Russian Federation and Cuba. See, for the full list of registered pioneer investors, www.isa.org.jm/en/default.htm. The first fifteen-year contracts for exploration for poly- metallic nodules in the deep seabed were signed at the headquarters of the International Seabed Authority in Jamaica in March 2001, ibid. t h e l aw o f t h e s e a 631 been earmarked for the Authority, all on the Clarion–Clipperton Ridge in the North-Eastern Equatorial Pacific. The regime for the deep seabed, however, was opposed by the United States in particular and, as a consequence, it voted against the adoption of the 1982 Convention. The UK also declared that it would not sign the Convention until a satisfactory regime for deep seabed mining was established. 384 Concern was particularly expressed regarding the failure to provide assured access to seabed minerals, lack of a proportionate voice in decision-making for countries most affected, and the problems that would be caused by not permitting the free play of market forces in the development of seabed resources. 385 The Reciprocating States Regime As a result of developments in the Conference on the Law of the Sea, many states began to enact domestic legislation with the aim of establish- ing an interim framework for exploration and exploitation of the seabed pending an acceptable international solution. The UK Deep Sea Mining (Temporary Provisions) Act 1981, for example, provided for the grant- ing of exploration licences (but not in respect of a period before 1 July 1981) and exploitation licences (but not for a period before 1 January 1988). 386 A 1982 Agreement 387 called for consultations to avoid overlapping claims under national legislation and for arbitration to resolve any dis- pute. 388 The Preparatory Commission, however, adopted a declaration in 1985 stating that any claim, agreement or action regarding the Area and its resources undertaken outside the Commission itself, which was 384 See e.g. The Times, 16 February 1984, p. 4, and 33 HC Deb., col. 404, 2 December 1982. 385 See e.g. the US delegate, UN Chronicle, June 1982, p. 16. 386 The Act also provided for a Deep Sea Mining Levy to be paid by the holder of an ex- ploitation licence into a Deep Sea Mining Fund and for mutual recognition of licences. A number of countries adopted similar, unilateral legislation, e.g. the US in 1980, 19 ILM, 1980, p. 1003; 20 ILM, 1981, p. 1228 and 21 ILM, 1982, p. 867; West Germany, 20 ILM, 1981, p. 393 and 21 ILM, 1982, p. 832; the USSR, 21 ILM, 1982, p. 551; France, 21 ILM, 1982, p. 808, and Japan, 22 ILM, 1983, p. 102: see Brown, International Law of the Sea, vol. I, pp. 456 ff. 387 The 1982 Agreement Concerning Interim Arrangements Relating to Polymetallic Nodules of the Deep Seabed (France, Federal Republic of Germany, UK, US), 21 ILM, 1982, p. 950. 388 See also the Provisional Understanding Regarding Deep Seabed Mining (Belgium, France, Federal Republic of Germany, Italy, Japan, Netherlands, UK, US), 23 ILM, 1984, p. 1354. 632 i n t e r nat i o na l l aw incompatible with the 1982 Convention and its related resolutions, ‘shall not be recognised’. 389 The 1994 Agreement on Implementation of the Seabed Provisions of the Convention on the Law of the Sea 390 Attempts to ensure the universality of the 1982 Convention system and thus prevent the development of conflicting deep seabed regimes began in earnest in 1990 in consultations sponsored by the UN Secretary-General, with more flexibility being shown by states. 391 Eventually, the 1994 Agree- ment emerged. The states parties undertake in article 1 to implement Download 7.77 Mb. Do'stlaringiz bilan baham: |
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