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Common Heritage or Common Burden? : The United States Position on the Development of a Regime for Deep Sea-bed Mining in the Law of the Sea Convention - Markus G. Schmidt

Common Heritage or Common Burden?

The United States Position on the Development of a Regime for Deep Sea-bed Mining in the Law of the Sea Convention

Hardcover

Published: 14th December 1989
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Common Heritage or Common Burden? contains a comprehensive and authoritative assessment of the US role in the negotiations on the UN Convention on the Law of the Sea and particularly in the negotiations on one of the remaining commons, the ocean floor beyond national jurisdiction. The author first examines the US view of the lawfulness of deep seabed mining under international law. He reviews the bureaucratic struggles, within the US Administration and the Congress, concerning the options to be pursued at the Conference; analyses the US position in the seabed negotiations from 1974 to 1980; and casts a fresh look both on the Reagan Administration's `policy review' of 1981-1982 which threatened the Conference's outcome, and current US oceans policy which remains an impediment to the Convention's early entry into force. The study suggests that despite significant compromises negotiated between the US and developing countries at the Conference up to 1980, the emerging seabed regime was not as widely endorsed by US officials as is generally assumed. Drawing on material collected from interviews with many key negotiators, the study contributes to a better understanding of domestic and international decision-making procedures and the dynamics of international negotiations.

`A comprehensive and authoritative assessment of the United States role in the negotiations on the United Nations Convention on the Law of the Sea.' IMM Abstracts `fascinating ... an authoritve account of relationships within the delegation, between it and Washington and of the impact of American policy on the Convention' Alan Archer, International Relations `an excellent account of those parts of the United Nations Law of the Sea Conference ... concerned with deep sea-bed mining' IMM Minerals Industry International `The book seems to be the best study ever written on the deep sea-bed regime in the context of international law and international relaltions, and will certainly prove to be a valuable guide for both scholars and practitioners dealing with ocean affairs and the law of the sea.' Dr Barbara Kwiatkowska, Associate Director, Netherlands Institute for the Law of the Sea, Netherlands International Law Review, No. 2 1990 `The book is thorough. It is, moreover, unique not merely because of the author's great initiative and industry in securing his many interviews, but also because it is the only account of the development of the deep sea-bed mining regime from its early stages to the present which emphasises the particular role of the key country, the United States ... this is certainly a book which I would recommend.' Glen Plant, International and Comparative Law Quarterly, Vol.40, January 1991 `Based as it is upon an impressive number of interviews with key participants from within the U.S. and the Conference, this book provides unique insights into the background of United States' policy, its formulation and the mechanics of the negotiations. It achieves the author's aims of producing "a study in International Relations".' Malcolm D. Evans, University of Bristol, Lloyd's Maritime and Commercial Law Quarterly `his work can be of particular interest to international lawyers and practitioners alike in understanding the sea-bed regime established by the Law of the Sea Convention ... The book is based on extensive research, including accurate information obtained from interviews with most of the Law of the Sea key negotiators. It is a timely account of sea-bed negotiations and a welcome contribution to the wealth of existing literature on the subject.' Dr Jamal Seifi, International Journal of Estuarine and Coastal Law `The book is based on extensive research, including accurate information obtained from interviews with most of the Law of the Sea key negotiators. It is a timely account of sea-bed negotiations and a welcome contribution to the wealth of existing literature on the subject.' International Journal of Estriarine & Coastal Law `full and illuminating ... it has much to offer international lawyers ... the book should find a place in any collection on international law of the sea which purports to be comprehensive.' Gillian White, The British Year Book of International Law 1991 `'The attempt made in the book to discuss a few schools of thought as models should facilitate any attempt to understand sea-bed politics...The book does well to highlight the domestic political and legal scenarios before going on to discuss the role of the United States in the actual negotiations...The author fills the information vacuum that obtains with the help of interviews of many of those who participated in the negotiations...The importance of the present book lies in its coverage of US policy on the development of the law of the sea in the post-UNCLOS period as well.'' International Studies

Abbreviationsp. xiii
Introduction: An Outline of the Problemsp. 1
The Build-up to UNCLOS, Pardo's Common Heritage Proposal, and the United States View on the Lawfulness of Deep Sea-bed Mining
The build-up to UNCLOSp. 18
Pardo's Common Heritage Proposalp. 22
The United States view on the lawfulness of deep sea-bed miningp. 30
Summary and conclusionp. 42
Dilemmas of United States Domestic Sea-bed Politics
The line-up of actors and their rolesp. 44
Actors at executive branch levelp. 44
The input of Congressp. 51
The mining industry's rolep. 55
The United States delegation to UNCLOSp. 59
The role of non-governmental organizationsp. 63
The role of the mediap. 67
The Interagency Task Force on the Law of the Sea and the Law of the Sea Advisory Committeep. 69
The Interagency Task Forcep. 69
The Law of the Sea Advisory Committeep. 76
Summary and conclusionp. 77
Towards Domestic Sea-bed Legislation
Rationale for United States sea-bed legislationp. 80
Legislative activities, 1971-1976p. 83
Towards government support for sea-bed legislationp. 86
Major issues in sea-bed legislation, 1977-1978p. 88
Activities in the 96th Congress, 1979-1980p. 94
The Group of 77's response to United States sea-bed legislationp. 99
Summary and conclusionp. 101
The United States Position in Committee One at UNCLOS--Part One: the Negotiation of the System of Exploitation
Introductory remarksp. 103
Possible regulatory mechanisms for deep sea-bed miningp. 103
The 'precedential implications' of the sea-bed negotiations and the background of the New International Economic Orderp. 105
Conference organization and proceduresp. 109
The negotiation of the system of exploitationp. 115
UNCLOS and the 'package deal'p. 116
The sea-bed negotiations in 1974p. 118
The negotiation of the Informal Single Negotiating Textp. 121
The parallel system and the negotiation of the Revised Single Negotiating Textp. 124
Turning back the clock? The Informal Composite Negotiating Text of 1977p. 131
'Walking back the Informal Composite Negotiating Text': The negotiations in 1978p. 139
The negotiations in 1979 and 1980p. 142
The United States Position in Committee One at UNCLOS--Part Two
The negotiation of the financial terms of contractp. 148
The technology transfer issuep. 160
The issue of preparatory investment protectionp. 169
The structure of the International Sea-bed Authorityp. 176
The United States Position in Committee One at UNCLOS--Part Three: The Production Policy Debate
The impact of sea-bed mining on the markets of nickel, copper, cobalt, and manganesep. 188
The production policy debate, 1974-1977p. 191
The production policy debate, 1978-1981p. 197
Other potential mechanisms to assist land-based producersp. 202
The 'strategic importance' of deep sea-bed miningp. 204
Summary and conclusion, chapters 4-6p. 211
The Reagan Administration's Policy Review
The build-up to the reviewp. 214
The announcement of the reviewp. 222
The spring 1981 session and the first stages of the reviewp. 228
The summer 1981 session of the conferencep. 234
The completion of the review and the build-up to the last sessionp. 240
Negotiations at the final sessionp. 243
The final stage of the conference and the votep. 249
Summary and conclusionp. 257
The Reagan Administration's Law of the Sea Policy, 1982-1987
Background to the 1983 Reagan proclamation of an Exclusive Economic Zone and the Ocean Policy Statementp. 261
The status of the Convention's non sea-bed provisionsp. 264
The growing resource interest in the United States Exclusive Economic Zonep. 274
United States attempts to establish an alternative regime for deep sea-bed miningp. 277
United States attitudes towards the work of PrepComp. 288
Summary and conclusionp. 304
Conclusion and Outlookp. 307
Names of Persons Interviewedp. 319
Exploration Licences Issued by United States National Oceanic and Atmospheric Administration under the Deep Sea-bed Hard Mineral Resources Actp. 327
Bibliographyp. 329
Indexp. 359
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780198252276
ISBN-10: 0198252277
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 380
Published: 14th December 1989
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 22.4 x 14.4  x 2.7
Weight (kg): 0.64