Agreement relating to the

Implementation of Part XI of the

United Nations Convention on the
Law of the Sea of 10 December 1982
Reynard Kristian 15/38xxxx/HK/20xxx
Mirfan Ronaldi Alstian 15/38xxxx/HK/20xxx
Muhammad Naufal Hasyidan Garcia 15/38257/HK/20624
STRUCTURES
 BACKGROUND
 DEFINING AREA AND ITS RESOURCES
 PARTIES AND ADOPTION
 ENTRY INTO FORCE
 RELATIONSHIP BETWEEN THE 1994 IMPLEMENTATION
AGREEMENT AND PART XI UNCLOS
BACKGROUND
 Deep seabed mineral boasts potential for deriving great wealth
 The importance of creating a unified seabed mining regime
 The origins of the 1994 Agreement can be traced back to the
vote in April 1982 on the adoption of the UNCLOS when the
United States voted negatively and several industrialised states
abstained because of their disagreement with several aspects of
Part XI
 Part XI UNCLOS requires substantive discussions and changes.
The 1994 Agreement notes “the political and economic changes,
including market-oriented approaches, affecting the
implementation of Part XI” and recognizes “the desire to achieve
universal participation”
 In 1989, the Group of 77 signalled that it was willing to hold
discussions, without preconditions, about issues related to the
Convention in order to try to ensure its universality.
 Industrialised countries welcomed this significant offer and the
following year (1990) the Secretary General of the UN, Senor
Perez de CueIIar, began informal consultations on outstanding
issues which were preventing universal participation in the
Convention.
 The General Assembly took up the issue of the law of the sea
again at the end of July 1994 and adopted the draft Resolution
by a vote of 121:0, with seven abstentions.
DEFINING AREA AND ITS RESOURCES
 Resources of the Area are all solid, liquid or gaseous mineral
resources in situ in the Area at or beneath the seabed, including
polymetallic nodules (Art 133) and the common heritage of
mankind (Art 136)
 PART XI UNCLOS establishes a regulatory mechanism to govern:
“activities in the Area” -> all activities of exploration for,
and exploitation of, the resources of the Area (Art 1)
 Uses of the Area for purposes other than the exploration and
exploitation: Marine scientific research and the recovery of
genetic materials from organisms at hydrothermal vents.
 The International Seabed Authority is administering the resources
of the Area.
Preamble
Article 1 Implementation of Part XI
Relationship between this Agreement and
Article 2
Part XI
Article 3 Signature
Article 4 Consent to be bound
Article 5 Simplified procedure
Article 6 Entry into force
Article 7 Provisional application
Article 8 States Parties
Article 9 Depositary
Article 10 Authentic text
 Annex
Costs to States Parties and
Section 1
institutional arrangements
Section 2 The Enterprise
Section 3 Decision-making
Section 4 Review Conference
Section 5 Transfer of technology
Section 6 Production policy
Section 7 Economic assistance
Section 8 Financial terms of contracts
Section 9 The Finance Committee
PARTIES AND ADOPTION
 There are 150 Parties (as of 2 May 2018)
 The 1994 Agreement adopted by UN General Assembly
Resolution 48/263
ENTRY INTO FORCE
 Provisionally on 16 November 1994, in accordance with Article
7(1)
 Definitively on 28 July 1996, in accordance with Article 6(1)
RELATIONSHIP BETWEEN THE 1994 IMPLEMENTATION
AGREEMENT AND PART XI UNCLOS
 The provisions of this Agreement and Part XI shall be interpreted and
applied together as a single instrument. In the event of any
inconsistency between this Agreement and Part XI, the provisions of this
Agreement shall prevail.
 Although in name of the Agreement only relates to Part XI’s
“implementation,” in reality the Agreement significantly modifies the
seabed mining provisions of the UNCLOS (Louis Sohn, et.al, 1984: 352-3)
 Example: Mandatory transfer of technology to the Enterprise, the mining
arm of the ISA in accordance with UNCLOS, “shall not apply” in The
1994 Agreement.
TERIMAKASIH