THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA AT FORTY: Have the Constraints on the Implementation of Part XI Finally Debunked the Myth of the Common Heritage of Mankind? FERID BELHAJ PB -45/24 SEPTEMBER 2024 POLICY BRIEF As the United Nations Convention on the Law of the Sea marks forty years since its entry into force, questions persist about its success in delivering equitable access to s. [...] The extraction of minerals from these environments could lead to irreversible damage, including the destruction of habitats, loss of biodiversity, and the disruption of ecosystem services that are vital to the health of the planet. [...] In view of the inability to provide for a just and equitable sharing of the mineral resources of the Area, and the less- than-satisfactory science that would mitigate the environmental risks of mining in high seas, it may be wise for the international community to agree a moratorium on the exploitation of mineral resources of the Area, to preserve it from unmitigated environmental impacts, and to. [...] He also served as the Chief of Staff of the President of the World Bank Group and held various positions at the Bank including Director for the Mashreq countries, Director for the Pacific department and Special representative to the United Nations. [...] ABOUT THE POLICY CENTER FOR THE NEW SOUTH The Policy Center for the New South (PCNS) is a Moroccan think tank aiming to contribute to the improvement of economic and social public policies that challenge Morocco and the rest of Africa as integral parts of the global South.
- Pages
- 17
- Published in
- Morocco
Table of Contents
- Have the Constraints on the Implementation of Part XI Finally Debunked the Myth of the Common Heritage of Mankind 1
- INTRODUCTION 3
- 1. HISTORICAL CONTEXT AND DEVELOPMENT 4
- OF PART XI 4
- 1.1 Entry into Force in 1994 4
- 1.2 The Uncertain Deep Seabed Regime 5
- 2. LOST OPPORTUNITY FOR DEVELOPING 5
- COUNTRIES 5
- 2.1. Marginalization in Decision-Making 6
- 2.2. Limited Participation in Deep-Sea Mining 6
- 2.3. Inequitable Distribution of Benefits 6
- 3. CONSTRAINTS ON IMPLEMENTATION 6
- 3.1. Economic Constraints 6
- 3.2. Legal and Institutional Constraints 7
- 3.3. Institutional Challenges 9
- 4. ETHICAL CONSTRAINTS 10
- 4.1. Equity and Justice 10
- 4.2. Intergenerational Equity 10
- 4.3. Environmental Degradation 10
- 4.4. Knowledge Gaps and Precautionary Principle 11
- 4.5. Rights of Indigenous Peoples and Local Communities 11
- 4.6. Ethical Governance 11
- 5. ENVIRONMENTAL CONSTRAINTS 12
- 5.1. Marine Ecosystem Vulnerability 12
- 5.2. Cumulative Environmental Impacts 12
- 5.3. Environmental Monitoring and Compliance 12
- 5.4. Climate Change Considerations 13
- 5.5. Sustainability and Resource Management 13
- CONCLUSION 13
- REFERENCES 14
- ABOUT THE AUTHOR 17
- ABOUT THE POLICY CENTER FOR THE NEW SOUTH 17
