Africa and the Deep Seabed Regime: Politics and by Edwin Egede

By Edwin Egede

This publication seeks to fill a niche within the current literature via interpreting the function of African States within the improvement and institution of the regime of the deep seabed past nationwide jurisdiction (the region) and the idea that of the typical history of Mankind.

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Extra info for Africa and the Deep Seabed Regime: Politics and International Law of the Common Heritage of Mankind

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We must ensure that the deep seas and the ocean bottom are, and remain, the legacy of all human beings” See “Remarks at the Commissioning of the Research Ship Oceanographer, 13 July, 1966”, quoted in Payoyo (1997), pp. 176–177 and Rembe (1980) at p. 38. N. Secretary-General (A/6695, 18th August 1967; vol. 1) and Dr. 1515, 1 November 1967). 51 It has been said that the proposal for a legal regime for the deep seabed was already in place before Arvid Pardo’s speech. See Rembe (1980), p. 36. 52 The Moratorium Resolution, which clearly revealed the divide between the developed and the developing states, declared as follows: “Pending the establishment of [an international regime including appropriate machinery] (a) States and persons, physical or juridical, are bound to refrain from all activities of exploitation of the resources of the area of the sea-bed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction; (b) No claim to any part of that area or its resources shall be recognised”.

See, for example, the 1974 Declaration of the Organisation of African Unity on the Issues of the Law of the Sea. UNCLOS III Official Records, Vol. III, at pp. 63–65. 45 For instance, the AU in 2004 supported Ambassador Charles Manyang D’Awol (Sudan) candidature for the position of Secretary-General of the ISA and also it supported the candidature of another African, Mr Nii Allotey Oduntun (Ghana) as the Secretary-General of the ISA, See International Seabed Authority Press Release, SB/10/16 of 2 June 2004 and AU doc.

104–109. 31 2 YBILC (1956), p. 278, para. 2 of Commentary. 33 Most of these African states, which were still under colonial rule during UNCLOS I, did not have an opportunity of a direct input in the formulation of the 1958 Conventions. Consequently, these states were dissatisfied with the existing law of the sea and viewed it as being tilted in favour of the western industrialised developed states. This perception, common to most developing states that were unable to participate as independent states in UNCLOS I because of colonialism, is well expressed by one commentator when he pointed out that: “Most of the impetus for dramatic departures from the law as expressed in the Geneva Conventions has come from developing countries and, in particular, developing coastal countries.

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