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Discuss and explain the abilities and limitations of the UNITED NATIONS convention on the law of the sea to regulate maritime ressource disputes in the Arctic Sea.

Dissertation : Discuss and explain the abilities and limitations of the UNITED NATIONS convention on the law of the sea to regulate maritime ressource disputes in the Arctic Sea.. Recherche parmi 299 000+ dissertations

Par   •  30 Novembre 2017  •  Dissertation  •  3 597 Mots (15 Pages)  •  917 Vues

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Geopolitical of Natural[pic 1]

Ressources in the

Environment

Subject:

“Discuss and explain the abilities and limitations of the UNITED NATIONS convention on the law of the sea to regulate maritime ressource disputes in the Arctic Sea.”

[pic 2]

ANTOGNELLI Thomas

CALARESE Camille

VILOTTA Florian

1

   Index:

  1. Introduction
  1. What abilities for the Laws of the Sea?
  1. What limitation for the Laws of the Sea?
  1. Over exploiting existing resources
  1. Over-exploiting non-living resources[pic 3]

4. The ancestral triptych and rivalities to come

5. Our opinion on the subject

6. Conclusion

7. Bibliography

[pic 4]

  1. Introduction

What is the UN Convention on the Law of the Sea?

The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty which was adopted in 1982 and signed at Montego Bay (Jamaica), after almost ten years of negotiations (1973-1982). It replaces the four Geneva Conventions of April 1958 which respectively defined the territorial sea and the contiguous zone, the continental shelf, the high seas, fishing and conservation of ocean resources.

UNCLOS new text has a more global focus in dealing with all aspects, both the maritime areas their activities and their consequences (pollution, for example). It has integrated all the achievements of the four conventions in a more global perspective and has developed new rules. Its preamble describes well the overall ambition: "the problems of ocean space are closely interrelated and must be considered as a whole." (Archive UNU). It is presented, rightly, as a "constitution for the ocean”.[pic 5]

Over time the UNCLOS has become the legal framework for marine and maritime activities and has the appropriate political level to deal with is the General Assembly of the United Nations.

Understanding the different maritime zones:

[pic 6][pic 7]

[pic 8]

UNCLOS developments

Made by a the set of rules for the use of maritime areas, the law of the sea has the specificity of being the oldest elements of law, but as well the most modern one, having been fully redesigned recently.

The Law of the Sea has undergone a major codification at the first UN Conference on the Law of the Sea in 1958 that allowed the adoption of four conventions. Another key milestone is the 2340 resolution adopted by the UN General Assembly on 18 December 1967 - it establishes a Committee for the Peaceful Uses of the Seabed composed of representatives of States. A third UN Conference on the Law of the Sea is called, and following several sessions, adopted a new agreement on 10 December 1982 governing the whole law of the sea, eventually enforced in 1994.

What maritime resources are we talking about?

Our oceans are the source of several maritime resources which are essential to our life balance.

  • Salt: Approximately 300 million tons each year.

  • Other marine animals: dolphins, seals etc.
  • Plants: algae, mosses, ferns.[pic 9]
  • Hydrocarbon deposits (natural gas, oil): the Middle East, in the Gulf of Mexico, the North Sea.
  • The minerals: tin, gas Sumatra, phosphate (off California, Peru and Australia )
  1. What abilities for the Law of the Sea?

The Intergovernmental Oceanographic Commission (IOC) offers an essential approach to improve scientific knowledge and understanding of oceanic and coastal processes. Agreements are currently being worked on for - Oceans and climate - Science for protecting ocean ecosystems and marine environments - Marine science for integrated coastal zone management. Let us quote some aspects of this program on ocean sciences: Work on the capture of carbon by the oceans, benthic indicators, monitoring of coral bleaching, biochemistry of the earth-ocean-atmosphere system, adverse developments algae, and pelagic fish populations. Furthermore, the monitoring and forecasting capabilities in the ocean and coasts are developed within an integrated international strategy observing the global environment. In the framework of the intergovernmental program Man and Biosphere, Biosphere Reserves provide ideal settings to test and develop ways of life “sustainable”, promoting integrated management of natural resources and the conservation of biological diversity.[pic 10]

The Convention of Law of the Sea states that the coastal state has sovereign rights for exploration and exploitation of natural resources in the maritime area. Exploration is made for exploitation. This includes all resources (biological, mineral). These sovereign rights are called "exclusive sovereign rights" because only the coastal state has the right to explore.

The coastal State shall promote the objective of optimum utilization of the living resources in the area, it determines the ability of exploitation of living resources of the area. If this capacity is less than the entire allowable catch, it allows other States, by agreement, to exploit his area.

The Marine Resources Respect goes far beyond: do everything possible to support sustainable fishing, in particular by funding research, working with the fishing industry and by lobbying governments for the establishment of legislation more appropriate.[pic 11]

In short, the law of the sea allows to set limits and preserve the many resources of the planet. Moreover it allows to share each of different states resources.

3.  What limitation for the Laws of the Sea?

  1. Over exploiting existing resources

Oceans represent an area of 361 220 420 km2, or 70.8% of the surface of the globe. Administrative borders exist on land and in the oceans and sea. This is why problems must be addressed internationally.

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