The Interpretative Value of the Principle of the Common Heritage of Mankind and the Interests and Needs of Developing Countries in the United Nations Convention on the Law of the Sea

2019 ◽  
pp. 139-152
Author(s):  
Enrico Zamuner
Keyword(s):  
Developing Countries ◽  
United Nations ◽  
Law Of The Sea ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

scholarly journals China’s stance towards the applicability of the common heritage of mankind governance regime to the Arctic

2018 ◽  
pp. 13-21
Author(s):  
E. V. Kienko
Keyword(s):  
United Nations ◽  
International Law ◽  
The Arctic ◽  
Law Of The Sea ◽  
Republic Of China ◽  
Common Heritage ◽  
Governance Regime ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
The Law

Introduction.The article provides an analysis of China’s tough stance towards the applicability of the governance regime of the common heritage of mankind to the Arctic referring to the Part XI of the United Nations Convention on the Law of the Sea, 1982, in the general context of contemporary inter­national law.  Materials and methods.General scien­tific and private scientific methods of cogni­tion constitutes the methodological basis for the study.  Results of the study.In the course of the study the author concludes that China’s current stance towards the governance regime of the International seabed area as the common heritage of mankind and towards the international maritime law as a whole should not have exclusively negative assessments as it was during the period of the confrontation between the Soviet Union and the People’s Republic of China in 1960-1980. Objectively the long-term interests of the People’s Republic of China and the Russian Fed­eration in the maintenance of international maritime law are aligned. However, a contemporary legal poli­cy of China differs from the policy stated at the Third United Nations Conference on the Law of the Sea. It became more focused on the promotion of China’s national interests in the Arctic, on the creation of the Area of the common heritage of mankind in the Arc­tic Ocean, even though none of the Arctic Coastal State advocate this stance. Conclusions.In this article the author balanc­es China’s arguments in favour of applicability of norms of the international law related to the com­mon heritage of mankind to the Arctic with the Arc­tic Coastal States’ arguments against it according to the doctrine in the sphere of the international law in which the legal concept of the common heritage of mankind is clarified. The author reveals reasons of China’s support of the concept of the common heri­tage of mankind initiated by the USA and China’s effort to broadly interpret it especially towards the Arctic in terms of the Arctic Coastal States’ stance towards this issue contained in the materials of the Third United Nations Conference on the Law of the Sea (1973 – 1982).

scholarly journals Enhanced Fishing Rights under the United Nations Convention on the Law of the Sea, 1982: The Challenges Confronting Developing Countries

2020 ◽  
Vol 7 (2) ◽  
pp. 145-163
Author(s):  
Vincent Iwunze
Keyword(s):  
Developing Countries ◽  
United Nations ◽  
Law Of The Sea ◽  
Minor Role ◽  
Marine Fisheries ◽  
Fishing Rights ◽  
Fisheries Resources ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Prior to the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, fisheries played only a minor role in the economies of most developing countries. Fisheries resources in waters adjacent to the coasts of many developing countries were largely exploited by fishers from the developed nations of the world who had the requisite technologies for deep-sea fishing. These technologies were lacking in developing countries, resulting in sub-optimal marine fishing. However, the adoption of UNLCOS in 1982 introduced novel principles for the governance of marine fisheries. It was widely believed that these innovations would enhance and stabilise fishing rights, redistribute income from marine fisheries to the advantage of developing countries and reduce the incidents of international conflicts concerning fishing rights. This paper critically examines the various ways through which UNCLOS has enhanced and stabilised fishing rights for the benefit of all States, especially developing countries. It asserts that due to various challenges that continue to confront developing countries with respect to the utilisation of marine fisheries, the benefits anticipated to accrue to them under UNCLOS have remained elusive throughout the thirty years since the Convention was adopted. The paper makes suggestions for the improvement of fisheries resources utilisation among developing countries.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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