第三章-公海與國際海底區(qū)域-閱讀頁
2024-08-24 20:09本頁面
【正文】 . This system provides that States should adopt similar national laws which will interrelate. In 1981, the UK passed the Deep Sea Bed Act and similar legislation has been introduced in the USA, France, Germany, Netherlands, Belgium, Italy and Japan. The scheme provides for licensing of deep sea mining, with licensees paying a levy of % of the value of the nodules recovered (half of what is envisaged under the LOSC) The International Sea Bed Area ? III. The LOSC regime and the 1994 agreement ? The area of the deep sea bed prises approximately 60% of the total sea bed area and the LOSC declares the deep sea bed and the resources within it to be part of the mon heritage of mankind. As such, the area and its resources are not susceptible to unilateral national appropriation. Rights in the area can only be obtained with the authority of the International Seabed Authority, which is established by the LOSC with an assembly, council, secretariat and a deep sea mining arm. All activities in the deep sea bed area are to be carried out for the benefit of mankind as a whole. The International Sea Bed Area ? The LOSC provides that the Authority will carry out its own exploration and exploitation and will also issue licenses authorizing mercial activity. There is to be a sharing of technology and the Authority charges a license fee and takes a share of any profits of mercial mining. The International Sea Bed Area ? On 28 July, 1994, the Agreement relating to the Implementation of Part XI of the UNCLOS was adopted. It consists of 10 articles and provides that the Agreement and Part XI of the LOSC should be interpreted and applied as a single instrument. In the event of any inconsistency between the two, the provisions of the Agreement shall prevail. The more significant aspects of the Agreement are contained in an annex, which deals with such matters as the work of the International Seabed Authority and the Enterprise. The terms of the Agreement are very much more favorable to the developed States than the original provisions of LOSC. The International Sea Bed Area ? IV. The International Sea Bed Authority The International Sea Bed Area ? The Authority, in existence since 1994, was established and its tasks were defined by the 1982 United Nations Convention on the Law of the Sea, as refined by the 1994 Agreement relating to the Implementation of Part XI (seabed provisions) of the Convention. The Convention defines this deep seabed area and its resources as “the mon heritage of mankind”. The Authority has 155 members, posed of all parties to the Law of the Sea Convention. The International Sea Bed Area ? Two principal ans establish the policies and govern the work of the Authority: the Assembly, in which all members are represented, and a 36member Council elected by the Assembly. Council members are chosen according to a formula designed to ensure equitable representation of countries from various groups, including those engaged in seabed mineral exploration and the landbased producers of minerals found on the seabed. The Authority holds one annual session, usually of two week
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