Cries of the sea : : world inequality, sustainable development and the common heritage of humanity / / Peter Bautista Payoyo.

• Superior document: Publications on Ocean Development
• VerfasserIn: Payoyo, Peter B.,
• Place / Publishing House: The Hague, The Netherlands ;, Boston, Massachusetts : : Kluwer Law International,, [1997]; ©1997
• Year of Publication: 1997
• Language: English
• Series: Publications on Ocean Development
• Physical Description: 1 online resource (567 pages)

Table of Contents

Intro -- Title Page -- Copyright Page -- Table of Contents -- ACKNOWLEDGEMENTS -- ABBREVIATIONS -- INTRODUCTION -- PART 1 - INTERNATIONAL LAW IN AN UNEQUAL WORLD -- I INEQUALITY IN THE INTERNATIONAL COMMUNITY -- A. Widening Global Disparities on the Large -- B. Wither Global Inequality? -- C. International Law -- D. Inequality -- E. Growing Disparities -- F. The International Law of Global Disparities -- Conclusion -- II WORLD INEQUALITY AND THE 1982 UN CONVENTION ON THE LAW OF THE SEA -- A. Domains of Disparity in the Law of the Sea - Old and New -- B. Disparity and the 1982 Convention: Preambular Aspects -- C. UNCLOS III: The North-South Agenda in the Traditional Domains -- 1. Institutional Context -- 2. Substantive Law Context -- D. The North-South Dialogue in the Second Committee of UNCLOS III: Global Wealth Redistribution Through Extended Coastal State Jurisdiction -- 1. The Significance of the EEZ in Global Wealth Redistribution -- 2. The Nature of the General Preference Given to Developing States Concerning Fisheries Access to the EEZ -- 3. The Needs and Interests of Developing Land-Locked and Geographically Disadvantaged States -- E. The North-South Dialogue in the Third Committee of UNCLOS m: Legal Aspects of International Cooperation for Development and Global Sharing in the Oceans -- 1. Protection and Preservation of the Marine Environment -- 2. Marine Scientific Research -- 3. Development and Transfer of Marine Technology -- 4. International Cooperation and Extended Coastal State Jurisdiction as Complementary Principles of the New Ocean Order -- F. UNCED and Equality of Capacity for Rights and Obligations: The Customary Law of Capacity-Building in the Oceans -- 1. Revitalizing the Unrealized Promise of the EEZ -- 2. From UNCLOS to UNCED: Transforming the Legal Framework of Global Inequality.

3. The Legal Basis of Capacity-Building for Sustainable Development in the Oceans -- 4. The International Law of Global Disparities versus The International Law of Sustainable Development -- Conclusion -- PART 2: - THE COMMON HERITAGE OF HUMANITY AND WORLD INEQUALITY -- III THE COMMON HERITAGE OF HUMANITY: A LEGAL PRE-HISTORY -- A. The Common Heritage of Humanity as an Invoked Principle in the 1982 UN Convention on the Law of the Sea -- B. A Question of Frontiers: The Area and its Resources -- 1. Towards Internationalizing the Deep Seabed -- 2. The Stakes Behind Internationalization -- 3. International Law on the Margins of the Deep Seabed -- 4. The Omnipresence of the Continental Shelf -- Conclusion -- IV BEYOND MARE LIBERUM AND MARE CLAUSUM: THE COMMON HERITAGE OF HUMANITY AS A FUNDAMENTAL PRINCIPLE OF INTERNATIONAL LAW -- A. The Common Heritage of Humanity Principle and Part XI of the 1982 Convention -- 1. Textual Overview -- 2. The Severability of the Common Heritage of Humanity Principle from the Seabed Mining Regime -- 3. The Special Legal Status of the Area and the Principles Governing the Area -- B. The Common Heritage of Humanity Principle as Plea for Development and Peace -- 1. New Deep Sea Resources and The Development Imperative -- 2. Developing Countries and the "Race to Grab" the Deep Seabed -- 3. Global Distributive Justice and the Question of Continental Shelf Outer Limits -- 4. The Question of Limits (Again) and the Common Heritage of Humanity Principle -- 5. The Programmatory Law of the Common Heritage of Humanity -- 6. The Reservation of the Common Heritage for Peaceful Purposes -- C. The Common Heritage of Humanity and the Principle of Benefit-Sharing -- 1. Benefit of Humanity as a Rule of Decision -- 2. Benefit of Humanity and the Special Needs and Interests of the Developing Countries.

3. The Interests and Needs of Developing Countries under Part XI of the 1982 Convention -- D. The Common Heritage as Environment -- 1. Overcoming a Sectoral Approach to Marine Environmental Protection -- 2. Existing Environmental Law for the Area and its Resources -- 3. International Responsibility under the Environmental Law of the Area and its Resources -- 4. Scientific Research and the Environmental Protection Regime for the Area -- 5. Institutional Aspects of Sustainable Development of the Area and its Resources -- Conclusion -- V THE INSTITUTIONAL ELEMENT OF THE COMMON HERITAGE PRINCIPLE: TOWARDS AN INTERNATIONAL ORGANIZATION FOR SUSTAINABLE DEVELOPMENT? -- A. The Institutional Significance of the Common Heritage of Humanity Principle -- 1. Pre-1970 Developments: The Basic Issue in International Organization Defined -- 2. The Issue of International Machinery in the Seabed Committee -- 3. The Developing Countries: The Common Heritage of Humanity Principle as a New Modality of International Organization -- 4. The Industrialized Countries: An International Agency to Promote and Guarantee Assured Access to Seabed Mineral Resources -- 5. The Impact of the Declaration of Principles Resolution on the Original Positions on International Machinery -- B. Institutional Development and Innovation for the Area in UNCLOS III: Eroding the Moral Force of the Common Heritage of Humanity Principle -- 1. Activities Contemplated by the Regime -- 2. Assured Access to Nodules Under the Parallel System -- 3. Decision-Making in the Execution of a Design -- C. The 1994 Implementation Agreement: Universality and Sacrifice in the Law of the Sea -- 1. Towards a Universal Interest in the Universality of the Convention -- 2. Stability and Change in the Deep Seabed Regime -- 3. The 1994 Implementation Agreement as Process.

4. A Renegotiated Part XI and the Old Politics of Assured Access -- Conclusion -- VI GENERAL CONCLUSIONS: -- The International Law of Sustainable Development and the Future of the Common Heritage Principle in a World of Growing Disparity -- APPENDIX -- Declaration of Principles Governing the Sea-bed and the Ocean Floor and the Subsoil Thereof Beyond the Limits of National Jurisdiction -- United Nations General Assembly Res. 2749 (17 Dec 1970): -- REFERENCES -- INDEX.