Bernaerts' Guide _UNCLOS 1982
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Book page 58-59  

THE SEA-BED AUTHORITY
Section: Part XI, Articles 133-191

 

Sea-Bed Authority - UNCLOS 1982The Convention provides for the establishment of the International Sea-Bed Authority[1] at the time the Convention goes into effect. As this date was not known at the time of the conclusion of the Conference, it was decided to establish a Preparatory Commission to make the necessary arrangements for the commencement of the functions of the Authority.[2] The Commission, which was established in December 1982, is to remain in existence until the conclusion of the first session of the Sea-Bed Authority Assembly.[3]

The Authority thus established has international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.[4] The Authority and certain persons connected with it enjoy diplomatic status in the performance of their duties.[5] Members of the Authority are those states and entities which are “states parties.”[6]  The Authority is based on the principle of the sovereign equality of all its members[7] and is the organization through which the States Parties organize and control activities in the Area with the view of administering the resources[8] for the benefit of mankind as a whole, on whose behalf the Authority is to act.[9]       

[1] Art. 156, Para . 1,   
[2] Final Act, Annex I, Resolution I,  
[3]
Ibid (Para. 13),  
[4]
Art. 176,  
[5]
Art. 177-183,  
[6] Art.156, Para . 2; Art. 1, Para . 2; 306-307,   
[7] Art. 157, Para.3,  

[8] Art. 157, Para.1
[9]
Art. 137, Para . 2; Art. 153, Para . 1,   [10] Art. 171, Subpara. (a); Art. 160, Subpara. 2(e),  
[11]
Art. 171(b); Annex III, Art. 13,  
[12]
Art. 171(c); Annex IV, Art.10,  
[13]
Art. 82,  
[14]
Art. 171, Subpara. (d-f),  
[15] Art. Art. 174, Para . 4,  

[16] Art. 158, Para . 1
[17]
Art. 158, Para . 2; Art.153, Para . 2; Art. 170, Para . 1,   [18] Art. 158, Para . 3; Art. 160, Para . 2(d),  
[19]
Annex III, Art. 3; Art. 6,   
[20] Annex III, Art. 22, 
[21]
Art. 168, Para . 3,  
[22]
Art. 187, Subpara. (e),  
[23]
Art. 168, Para . 2,  
[24]
Art. 168, Para . 3

The long-term goal is for the Sea-Bed Authority to become self-supporting. Until that time, the Authority is to receive contributions from its members, the amount of which is to be fixed in accordance with the regular budget of the United Nations.[10] Further funds necessary for operation are to come from activities in the Area, i.e., from royalties paid by operators in the Area,[11] from payments by the Enterprise,[12] or from coastal states for exploration of the outer shelf.[13] The Authority may also raise money by other means, particularly in the initial phase.[14] It also has the right to borrow funds, for which the States Parties are not liable.[15]

The Convention establishes four organs to enable the Authority to fulfil its tasks, three of which are the Assembly, the Council, and the Secretariat.[16] The fourth organ established by the Convention is the Enterprise, through which the Authority carries out activities in the Area directly in accordance with a formal written plan of work as well as transporting, processing, and marketing minerals recovered from the Area.[17] Further subsidiary organs may be established by the Authority as necessary.[18] Except for the Enterprise (which enjoys a special status), these organs act through the Authority. The Authority is the body which concludes contracts with mining operators[19] and which is liable for damage caused by wrongful acts or omissions by the organization[20] or its staff.[21] While actions against the Authority are to be submitted to the Sea-Bed Disputes Chamber[22] certain violations by staff members[23] are considered by a special tribunal of the Authority.[24]

[1] Art. 156, Para . 1,   [2] Final Act, Annex I, Resolution I,   [3] Ibid (Para. 13),   [4] Art. 176,   [5] Art. 177-183,   [6] Art.156, Para . 2; Art. 1, Para . 2; 306-307,   [7] Art. 157, Para.3,   [8] Art. 157, Para.1,   [9] Art. 137, Para . 2; Art. 153, Para . 1,   [10] Art. 171, Subpara. (a); Art. 160, Subpara. 2(e),   [11] Art. 171(b); Annex III, Art. 13,   [12] Art. 171(c); Annex IV, Art.10,   [13] Art. 82,   [14] Art. 171, Subpara. (d-f),   [15] Art. Art. 174, Para . 4,   [16] Art. 158, Para . 1,   [17] Art. 158, Para . 2; Art.153, Para . 2; Art. 170, Para . 1,   [18] Art. 158, Para . 3; Art. 160, Para . 2(d),   [19] Annex III, Art. 3; Art. 6,   [20] Annex III, Art. 22,  [21] Art. 168, Para . 3,   [22] Art. 187, Subpara. (e),   [23] Art. 168, Para . 2,   [24] Art. 168, Para . 3,   

Further Readings :  - Developing States. (Commentary),    - Measures to Close the Economic Gap. (Commentary)

 

Next page 60-61

Book published:
1988 Fairplay/UK,
2005 (reprint) by

Trafford Publishing,
1663 Liberty Drive Suite 200
Bloomington, IN 47403, Canada.

 
329 pages, ISBN 1-4120-7665-x;


Available via online-contributer 


 
 

            

 


 
Online – Edition
1988/2006

 
Bernaerts' Guide to the 
1982 United Nations
Convention on the Law of the Sea

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Bernaerts Guide -UNCLOS 1982

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Preface of the reprint in 2005

More than 15 years ago FAIRPLAY PUBLICATIONS Ltd, Coulsdon, Surrey, England, published the book "Bernaerts' Guide to the Law of the Sea - The 1982 United Nations Convention". The guiding potential of the book to find access to the Law of the Sea Convention is still given. Internet technology and publishing on demand invite to provide the interested reader and researcher with this tool again. Only the Status of the Convention (ratification etc) has been updated and instead of the Final Act, the book edition includes the "Agreement relating to the Implementation of Part XI of the United Nations Convention of the Law of the Sea" of 1994. The corresponding web site neither includes the text of the 1982 Convention, nor the Agreement of 1994. The thorough Index of the 1988 edition is reproduced without changes.
Arnd Bernaerts, October 2005,
Comments 1988-1990
___"an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea"
Satya N. Nandan, U.N. Undersecretay, in: Book Foreword, 1988
__"clearly presented" R.R. Churchill, in: Maritime Policy & Management 1989, p. 340
__"the (book's) concept, which is so wonderful simple, is exactly the factor which makes the book so useful for both the novice as well as the person with extensive experience"
M. Bonefeld, in: Verfassung und Recht, 1989, pp. 83-85
__"the work contains much useful background information…." R.W. Bentham, in: Journal of Energy & Natural Resource Law, 1989, p. 336
__"Bernaerts has saved us a struggle" JG, in: Fairplay Shipping Weekly Magazin, 13th October 1988, p. 33
__"this is probably the best edition on the Convention to put into the hands of students"
A.V. Lowe, in: Int'l and Comparative Law Quarterly 1990, p. 16
__"it will be an invaluable reference tool and should sit on the book shelves of policy makers and all others who are involved in maritime matters"
Vivian I. Forbes, in: The Indian Ocean Review, May 1990, p.10

Bernaerts’s Guide to the 1982 United Nations Convention on the Law of the Sea

FOREWORD of the 1988 edition
by Satya N. Nandan
 
Special Representative of the Secretary-General of the United Nations for the Law of the Sea Office for Ocean Affairs and the Law of the Sea

Revolutionary changes have taken place in the International Law of the Sea since 1945. The process of change was accelerated in the last two decades by the convening in 1973 of the Third United Nations Conference on the Law of the Sea. The protracted negotiations, spanning over a decade, culminated in the adoption of the United Nations Convention on the Law of the Sea in 1982. By 9 December 1984, the closing date for signature, 159 signatures were appended to the Convention, the largest number for any such multilateral instrument in the history of international relations.

The Convention, which was adopted as a comprehensive package, introduced a new equity in the relationship among states with respect to the uses of the ocean and the allocation of its resources. It deals, inter alia, with sovereignty and jurisdiction of states, navigation and marine transport, over flight of aircraft, marine pollution, marine scientific research, marine technology, conservation and exploitation of marine living resources, the development and-exploitation of marine non-living resources in national and international areas, and unique provisions dealing with the settlement of disputes concerning the interpretation and application of the new regime.

There is no doubt that as we approach the 21st century, more and more attention will be paid to the uses of the oceans and the development of their resources. It is important, therefore, that these developments should take place within a widely accepted legal framework so that there is certainty as to the rights and obligations of all states. The United Nations Convention on the Law of the Sea provides that framework. It establishes a standard for the conduct of states in maritime matters. It is thus a major instrument for preventing conflicts among states.

The convention and its annexes contain over 400 articles. For many it may be a formidable undertaking to grasp the substance and structure of it without making a considerable investment in time and energy. Mr Bernaerts' guide, therefore, is a welcome addition to the growing body of literature on the convention. It provides a most useful reference tool which will benefit administrators and policy makers, as well as scholars. It makes the convention accessible to the uninitiated and refreshes, at a glance, the memories of the initiated. With meticulous references and graphic presentations of the provisions of the convention, Mr Bernaerts has given to the international community an invaluable guide to the understanding and implementation of the 1982 United Nations Convention on the Law of the Sea.
April 1988


PREFACE (extract) of the 1988 edition

 
The reader will be aware that the 1982 United Nations Convention on the Law of the Sea is the first constitution of the oceans, a ground-breaking document in many respects. He or she might also have made the discovery that the full text of the Convention is immediately accessible only to experts. If the Convention were only a treaty consisting of straightforward technical regulatory provisions, it could be left to them with a clear conscience. But the Convention is to a large extent a political document and, as such, is expected to influence significantly the development of relations among the states in the world community; for this reason, a wide-spread knowledge of the scope, goals, and regulatory framework of the Convention can only serve to further the aims of the document and would surely follow the intentions of the many men and women who made this Convention their life-work, such as Arvid Pardo (Malta), Hamilton Shirtey Amerasinghe (Sri Lanka), Tommy T. B. Koh (Singapore), and Satya N. Nandan (Fiji), to name only a few of the hundreds who worked on the preparation of this Convention.
 
As the reader uses the Guide (Part II), he will find that many provisions of the Convention are much easier to understand if one knows the basic framework within which a particular regulation is placed. The Guide aims to provide this framework, with reference to the text of the Convention and, in addition, t& the supporting Commentary of Part III, which describes the overall context of the major terms arid concepts. The Introduction of Part I sketches the historical background of the Convention and some of the general effects. A detailed index at the end of the book will be of assistance in finding specific subjects.

 

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