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Title: Some legal aspects of the International Sea-Bed Authority
Author: Al-Metairi, Metlaq
ISNI:       0000 0001 3407 230X
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1989
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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.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Law and sea bed resources