Vares K. International legal aspects for the research resources of International seabed area for Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0412U005717

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

02-10-2012

Specialized Academic Board

Д 26.001.10

Taras Shevchenko National University of Kyiv

Essay

This thesis examined the international legal aspects of the research resources of the International Seabed Area. The main attention is paid to the prospects of Ukraine's participation in the exploitation of the resources of the Area. The author further determined the general problems of development of the Area. The problem of exploitation of seabed mineral resources is actualized in the rapid development of the mining technology, which is described in this research. The United Nations Convention on the Law of the Sea provides a progressive legal mechanism for exploitation the Area. Agreement relating to the implementation of Part XI of the Convention made this mechanism more flexible and applicable. But still this mechanism needs to be improved by the International Seabed Authority. Author determined the main directions which need to be improved. The Authority is a unique international organization which is aimed to control the activities in the Area. All activities in the Area are carried out in accordance with the convention regime. Author thoroughly analyzed the basic documents of the Authority, which regulate the activity of the Authority's institutions: the Council, the Assembly, the Secretariat, the Enterprise, the Legal and Technical Commission and the Finance Committee. As a result author developed activities for exploration the Area. This thesis identified potential problems and threats that the Authority and contractors may face in their practice. A separate issue is the implementation of Article 82 of the Convention, which provides a new role of the Authority, the implementation of assessments and fees associated with the exploitation of the continental shelf that extends beyond 200 nautical miles in favor of the States Parties to the Convention. This paper attempts to determine the nature of the terms "taxes" and "fees" in the context of the Convention and the procedure for payment and destination. The author highlighted the problem of succession of the rights and the obligations of Union of Soviet Socialist Republics on the contribution of the Ukrainian Soviet Socialist Republic in research of the Area, among the ways to implement the right of Ukraine on the exploration and exploitation of resources of the Area. The author also considers the application procedures in the exploration the resources of the Area. It can be used both by Ukraine or other states, which decide on the need to take action to participate in the research of the Area - the common heritage of mankind object. We thoroughly examined for the advanced research and production resources of the Area (polymetallic nodules, polymetallic sulphides and cobalt crusts) and the technology for their development. Among others the activities of the International Seabed Authority, the development prospects and potential problems that may arise in the activities of this international organization are fully and thoroughly examined. Some sections of the thesis is devoted to the prospects of cooperation between Ukraine and the principal investigators of the Area - Common organization "Interoceanmetal" State Scientific Center "Yuzhmogeologiya" and the Enterprise of the International Seabed Authority.

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