Date: 26 Jan 2011

Participation of African States in Deep Seabed Mining of the Common Heritage of Mankind Resources in the Area: Problems and Prospects

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Abstract

The Law of the Sea Convention (LOSC) 1982 requires promotion of effective participation of developing States Parties in activities in the deep seabed beyond national jurisdiction (the Area), the CHM, with due regard to their special interests and needs (especially those of landlocked and geographically disadvantaged States).1 Africa, a continent with several landlocked and geographically disadvantaged states, appears to have a rather bleak possibility of such participation.2 The twin requirements of adequate finance and sophisticated technology imposed by the LOSC, the 1994 Implementation Agreement (IA) and the Mining Code, which are essential preconditions for participation in deep seabed mining activities in the Area, constitute a major constraint on actual, direct and effective participation by African states, their entities and nationals.3