40 Ocean & Coastal L. Memo 1 (1994)

handle is hein.journals/ocoaslme40 and id is 1 raw text is: 










Ocean and Coastal




               Law Memo


Issue 40   May 1994


Recent Developments in Ocean and Coastal Law, 1993


Internatonal  Developments

I.  The  1982  United
    Nations  Convention on
    the Law  of the  Sea

 A. Ratficaton

    The 1982 United Nations
 Convention on the Law of the
 Sea (UNCLOS   or the Conven-
 tion) has seen a flurry of activity
 in 1993. Seven countries-St.
 Kitts and Nevis, Zimbabwe,
 Malta, St. Vincent and the Gren-
 adines, Honduras, Barbados, and
 Guyana-ratified the Convention.
 On November 16, 1993, the Con-
 vention received the 60th instru-
 ment of ratification or accession.
 LAW OF THE SEA BULL. (UN Divi-
 sion for Ocean Affairs and the
 Law of the Sea, New York, N.Y.),
 Dec. 1993, at 2. Article 308 of
 the Convention states that the
 Convention shall enter into force
 12 months after the date of
 deposit of the sixtieth instrument
 of ratification or accession. THE
 LAW OF THE SEA: OFFICIAL TEXT
 OF THE UNITED NATIONS CONVEN-
TION ON THE LAw OF THE SEA
WITH ANNEXES AND INDEX 106


         Distributed by: Oregon Sta


(1983).  Accordingly, on Novem-
ber 16, 1994, the Convention will
enter into force.

B.  Major Powers Have Not
    Ratfied Conventon

    However, the major powers
and important maritime nations-
the United States, Great Britain,
and Germany-so  far have not
ratified or acceded to the Con-
vention because of objections to
Part X of the Convention, which
deals with mining of the deep
seabed in the international area
beyond national jurisdiction.
Current Legal Developments.
United Nations: Negotiations on
the 1982 Law of the Sea Con-
vention, 8 INT'L J. MARINE &
COASTAL L. 530 (1993). More-
over, there is now a consensus
that there will be a long period
after the Convention comes into
force when no seabed mining in
the international area will occur.


outstanding deep seabed mining
provisions as a means of achiev-
ing universal participation in the
Convention.  During the August
1993 consultations, several
developed and developing coun-
tries anonymously prepared the
Boat Paper. OCEANS POL'Y
NEWS  (Council on Ocean Law,
Washington, D.C.), Oct. 1993, at
1. The Boat Paper, so-called
because of a drawing of a boat
on the cover page, contains a
proposed UN resolution and
agreement covering the problem
areas that have been under
discussion during the consulta-
tions. More fitting of its official
nature, the Boat Paper has
recently been given the formal
title of Draft Resolution and
Draft Agreement Relating to the
Implementation of Part XI of the
1982 United Nations Convention
on the Law of the Sea.

   The Boat Paper recognizes


                                   that political and economic
   C. The Boat Paper             changes, including in particular a
                                   growing reliance on market prin-
      The Secretary General of the ciples, show the need to reevalu-
   United Nations has conducted    ate some aspects of deep sea-
   informal consultations on revising  bed mining. The UN General
   the Convention with regard to   Assembly is expected to adopt


te University Extension   Sea Grant Program is   Corvallis OR

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