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Deep Sea-Bed Mining Under Customary International Law

Author: Kenneth Mwenda LLB, BCL, MBA, PhD, DBA, FCI, FRSA
World Bank
Subjects: Customary Law International
International law (Other articles)
Law of the Sea
Issue: Volume 7, Number 2 (June 2000)
Category: Comment

Abstract

The author examines current efforts to provide a framework for the governance and exploitation of deep sea resources. He argues there is no right under customary international law for states to make unilateral claims to a right to explore and exploit resources of the sea-bed in the high seas. The 'common heritage of mankind' doctrine, which is postulated under the United Nations Law of the Sea Convention 1982, and a doctrine which enshrines a collective means of exploring and exploiting resources of the sea-bed, must be seen as the guiding principle upon which further developments under international law should proceed.

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Document creation: September 9, 2000
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