DEEP SEABED MINING UNDER THE LAW OF THE SEA CONVENTION, 1982 WITH SPECIAL REFERENCE TO THE INTERESTS OF DEVELOLPING COUNTRIES

Abstract

This is a research work carried out independently on the topic "Deep Seabed Mining Under the Law of the Sea Convention :1982 with special reference to the interests of developing countries” ‘Deep seabed’ ' signifies the "seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction", conventionally known as "Area" and exploration for and exploitation of all mineral resources" is conventionally known as "activities in the Area". An attempt has been made to examine the international legal regime governing deep seabed mining in nine chapters, critically analysing the interests of developing countries specifically. Chapter I makes an acquaintance with the introductory approach of the study. Chapter II investigates the historical background of res nullius and res communis concepts and assesses freedom of the high seas as adopted in UNCLOS I not applicable specifically to the deep seabed mining. The legal regime on deep seabed and its resources remained in vacuum and in 1967 substantial success was achieved with the adoption of the common heritage of mankind resolution in the General Assembly. The LOS convention of UNCLOS III, relating to the Area and its resources in Part XI, has been analyzed in various perspectives to the interests of developing countries. Chapter III seeks out scientific data and capabilities with regard to activities to be carried out in the Area and its resources and identifies which of the part of the Area are to be concerned for the mining. The study envisages the aftermath of the deep seabed mining as to whether and to what extent it will affect the land-based producer states and other matters related as well. Chapter IV delves into insight about the Area and the Seabed Authority as well as its different organs. Dealing with the settlement of disputes machineries, an analysis has been made on transfer of technology enabling the developing countries to participate effectively in the mining. Chapter V speaks out about the illegality of deep seabed mining enactments passed by certain industrialized states in the prevalence of the LOS Convention. It has been stressed that national enactments in consideration of the Convention together with its entry into force since 16 November 1994 should be withdrawn, thus, promoting a universal regime on the deep seabed and its resources.

Chapter VI discusses the arrangements accomplished by PrepCom towards registration of several governments of States as pioneer investors enabling activities in the Area to be carried out under the Convention. Chapter VII examines AgRellmplePart XI LOS Convention provisions, justifying it for the success in bringing opponents like the United States and its allies to the Convention as its parties. Evaluation has been made about the impact of AgRelimplePartXILOS Convention in different perspectives. Chapter VIII envisages future projections about probable problems that might arise out of the deep seabed mining. Conclusion has been drawn in chapter IX. As to the findings of the research it has been emphasised that the interests of developing countries in the deep seabed mining have not enhanced significantly under the United Nations Convention on the Law of the Sea, 1982, but legally and specifically, they can consider themselves to be secured in their position that no state or entity can proceed for appropriating the Area and its resources.