Abstract
This thesis aims to focus on the question of the Area and its
International Sea-Bed Authority at this present stage. The new
legal regime governing the Area has been formulated in Part XI of
the Convention by almost all countries of the world as the common
heritage of mankind. Nevertheless, a number of retrograde
developments have occurred. These developments include the
enactment of domestic laws for exploitation in the Area by some
dissenting industrialized countries at a time when consensus on the
internationally negotiated legal regime was almost at hand and the
fall in demand for the metals contained in manganese nodules for the
deep sea-bed. State practice in the form of actual recovery of
mineral resources has not yet taken place, and the law is worked out
in anticipation of such a practice.
In this study there are eight chapters. Chapter One is an
introductory treatment of the whole thesis. The purpose of the
study, and the development of the new legal regime in Part XI of the
1982 Convention, are included in this chapter. The second chapter
examines the question of the limits of national jurisdiction with
particular regard to the sea-bed. Chapter Three outlines the
arguments for and against the classic doctrines such as res communis
and res nullius, and rejects them as legally valid bases for claims
to the deep sea-bed. The concept of the common heritage of mankind
on which Part XI of the Convention is based, is dealt with in
Chapter Four. Chapter Five explains the Parallel System as it is
laid down in the Convention. Chapter Six deals with the legal
aspects of the International Sea-Bed Authority and the organs which
directly or indirectly are related to it. Chapter Seven reviews
the developments in the Preparatory Commission for the International
Sea-Bed Authority since the beginning of its work in 1983. The
last chapter presents the general conclusions of the study.
The Authority with its present structure and functions is an
entity under the effective control of its members. Its strength
depends on the modifications which may be introduced by the
Preparatory Commission, especially with regard to the decision-making mechanism.
