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.