The legal status of marine resources beyond the limits of national jurisdiction

Abstract

On 10th December, 1982 the United Nations Convention on the Law of the Sea was opened for signature in Montego Bay, Jamaica. The Convention had been drawn up over a fourteen year period with the participation of more than 150 countries representing all regions of the world. (1) The Convention comprises 320 articles and nine annexes and is divided into 17 parts governing all aspects of ocean space from delimitations to environmental control, scientific research, economic and commercial activities, technology, and the settlement of disputes relating to ocean matters. One may state from the outset that the provisions of the Convention are widely accepted as customary international law except as it refers to the regime of exploration and exploitation of the "Area" under Part XI. "Some parts of the Law of the Sea Convention reflect pre-existing customary international law, and other parts which went beyond previous practice have already passed into customary law: in both cases such provisions may, as customary law, bind States whether parties to the Convention or not and whether the Convention has entered into force or not."