![handle is hein.journals/ocoaslme29 and id is 1 raw text is:
Ocean and Coastal Law Center * School of Law * University of Oregon * Eugene 97403
Oce a n - m o
ISSUE 29
February 15, 1987
Recent Developments in Ocean and Coastal Law, 1986
I. INTERNATIONAL DEVELOPMENTS
A. 1982 U.N. Convention on the Law
of the Sea
1. Ratification
Seven states ratified the Conven-
tion in 1986: Indonesia (February 3);
Trinidad and Tobago (April 25); Kuwait
(May 2); Yugoslavia (May 5); Philippines
(May 8); Nigeria (August 14); and
Guinea-Bissau (August 25). The total
number of ratifications now stands at
31. The Convention will enter into
force a year after the sixtieth ratifi-
cation. To date, the states ratifying
the Convention have been predominately
developing nations. With the exception
of Yugoslavia's, 1986 ratifications
followed this trend.
Despite the present lack of formal
adoption, commentators view many of the
Convention's provisions as embodying
customary international law.
2. Implementation of the Deep
Seabed Regime: Resolution of Overlapping
Claims by Seabed Mining Pioneers
During this year's annual session,
the Preparatory Commission for the
International Seabed Authority (the
Commission) adopted an Understanding
outlining procedures and mechanisms
for resolving the overlapping mining
claims of pioneer investors in the
Northeast Pacific. U.N. Doc. LOS/PCN/
L.41/Rev. 1/Annex, Sept. 11, 1986,
reprinted in 25 I.L.M. 1326 (1986) (the
Understanding). The Understanding also
proposes a formula for resolving claims
overlapping those of U.S. consortia.
The Commission is an interim body
charged with implementing Resolution II
of the Final Act of the Convention which
prescribes the rights and duties of
pioneer seabed investors. Under the
Convention, these initial investors
receive special rights in exchange for
effectively capitalizing the activities
of the Enterprise, the operative arm of
the International Seabed Authority.
Overlaps among the areas covered in
applications for registration by France,
USSR and Japan prompted the Under-
standing. Those nations have agreed to
submit revised applications subject to
Resolution II and the guidelines estab-
lished in the Understanding. See 25
I.L.M. at 1326.
Paragraph 15, apparently aimed at
U.S. consortia and others currently at
odds with the Convention's seabed
.regime, promises similar treatment to
potential applicants who assume obli-
gations similar to those of the pioneer
investors and submit their applications
before the Convention enters into
force. However, paragraph 18 of the
Understanding expressly states that
these procedures and mechanisms do not
establish precedent for the implementa-
tion of the regime of seabed mining
under the Convention and in no way
alter the Convention.
B. National Ocean Legislation:
Mexico
On January 8, 1986, Mexico promul-
gated draft comprehensive legislation
governing conduct of activities within
its maritime zones. Mexico, among the
first to declare an Exclusive Economic
Zone (EEZ) (February 6, 1976), ratified
the 1982 LOS Convention on March 18,
1983.
In an explanatory memorandum,
Mexico's President stressed both the
purpose and necessity of the draft
Act. The Act is meant to bring Mexico's
internal positive law into line with
[the] new international legal order . .
. established by the 1982 LOS Conven-
tion. LOS Bulletin No. 7 at 46 (April
1986). The memorandum also emphasizes
the genuine practical results, espe-
cially for developing countries, of the
rules established in the Convention.
The most important of these rules is the
already recognized right of every coast-
al state to establish a 200 nautical
mile (n.m.) EEZ as the keystone in the
new international order.](ViewImageLocal?handle=hein.journals/ocoaslme29&div=1&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most