LOSC: characteristics

LOSC/UNCLOS: characteristics

  • Long-time of negotiations that this treaty has required.
  • Package-deal treaty (no reservations are allowed).
  • Long-running (1973- 1982); through Committees on topics. E.g. fisheries.
  • Negotiation by consensus: coupled with consensus decisión-making means that the entire convention was a finely balanced set of trade offs between different interest groups. However, the adoption of the final text was not adopted by consensus- the US forced to vote, because this State and other industrialised countries have doubts concerning the Deep seabed mining regime (International Seabed Authority –ISA-). Tension between developing states and highly industrialised states. The result was the so-called implementation agreement of 1994. It created a simplified ISA: developed states would have greater influence and mining corporations would pay much lower royalities. This had this strange result, though, of amending the Deep seabed mining regime before UNCLOS came into force.
  • The package-deal: no picking and choosing.
  • Huge subject matter (the result was a vast an seemingly comprehensive convention, referred to by Ambassdor Tommy Koh as a “constitution for the oceans”

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