The Researh on the Regime of Seabed Mining-and U.S. Ocean Policy on the Area

• Main Authors: Wang-chi Lu, 呂旺騏
• Other Authors: Robert L. Chen
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/78727562957898051340

碩士 === 國立海洋大學 === 海洋法律研究所 === 91 === First, we reviewed the history and development of the position of deep sea-bed, including some theories : res nullius, res communis and Freedom of High Seas. Until the initiative of “the common heritage of mankind” brought by Dr. Arvid Pardo in 1967, it has become a formal principle of International Law. Then we discussed a conflict between Freedoms of the seas and common heritage of mankind. In chapter 3 we reviewed the process and arguments of 3rd UN Conference of the Law of the Sea (3rd UNCLOS). Then we stated the legal framework of UN Convention of sea-bed mining (part XI) and the Reciprocating State Regime (Mini-treaties) between industrial countries. At last of this chapter, we viewed the pioneer investor scheme and a series of understandings and agreements among pioneer investors. In chapter 4 we debated the U.S. ocean policy in the period of 3rd UNCLOS, especially the U.S. Presidents’ decisions. The most important statement is “Why America didn’t sign the 1982 UN regime？” In 1990 to 1994, the UN Secretary-General made Informal consultations and it caused the Agreement Relating to the Implementation of Part XI of the Untied Nations Convention on the Law of the Sea of 10 December 1982 (1994 Implement Agreement). In this page, we discussed the influence of 1994 Implement Agreement with Reciprocating State Regime and the pioneer investor scheme. At last, we viewed the lasted U.S. ocean policy and the possibility to Clinton Government will sign the UNCLOS III and 1994 Implement Agreement or not. Chapter 6 is Conclusion. We made a simple conclusion of the content of this paper.