1994Maritime StudiesRequires access

United Nations Law of the Sea Convention

Roland Rich

Open publisher page 3 citations

Abstract

This paper examines the means by which it is hoped the Law of the Sea Convention (the Convention) will enter into force with a revised seabed mining regime enjoying broad support. A companion paper is being presented by Crispin Conroy on some of the details of the revisions to Part XI of the Convention. The method I wish to adopt is to elaborate the problems faced in reviewing Part XI of the Convention in terms of the negotiating constraints and imperatives and then to examine how the Draft Agreement relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea (the Agreement) attempts to address and solve these problems. The paper concludes with discussion of the Foreign Minister’s decision on how Australia should respond to these developments.

About this research paper

What this paper is about

This paper examines the means by which it is hoped the Law of the Sea Convention (the Convention) will enter into force with a revised seabed mining regime enjoying broad support. A companion paper is being presented by Crispin Conroy on some of the details of the revisions to Part XI of the Convention. The method I wish to adopt is to elaborate the problems faced in reviewing Part XI of the Convention in terms of the negotiating constraints and imperatives and then to examine how the Draft Agreement relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea (the Agreement) attempts to address and solve these problems. The paper concludes with discussion of the Foreign Minister’s decision on how Australia should respond to these developments.

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Available abstract

This paper examines the means by which it is hoped the Law of the Sea Convention (the Convention) will enter into force with a revised seabed mining regime enjoying broad support. A companion paper is being presented by Crispin Conroy on some of the details of the revisions to Part XI of the Convention. The method I wish to adopt is to elaborate the problems faced in reviewing Part XI of the Convention in terms of the negotiating constraints and imperatives and then to examine how the Draft Agreement relating to the Implementation of Part XI of the 1982 United Nations Convention on the Law of the Sea (the Agreement) attempts to address and solve these problems. The paper concludes with discussion of the Foreign Minister’s decision on how Australia should respond to these developments.

Key concepts: Convention, United Nations Convention on the Law of the Sea, Negotiation, Law, Political science, Law of the sea, Freedom of navigation, International law

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