This is essentially a study within the realm of the international law of the sea. It critically examines and assesses the efficacy of the existing legal and institutional framework regarding the implementation of the United Nations Law of the Sea Convention (the LOS Convention) and the management of the marine affairs of Botswana. It briefly explores the historical development of the LOS Convention with respect to Botswana as a land-locked State party, assesses the extent to which it has implemented the provisions of the LOS Convention. It is the argument of this study that Botswana needs an effective institutional and legislative framework if it is to realise the benefits that accrue by virtue of the LOS Convention.
In Chapter One, we undertake the analytical focus and set out the theoretical basis of the study. This chapter contains the statement of the study problem, the hypotheses, methodology, the objects of the research and the literature review of the pertinent legal works. Under literature review, we have analysed not only the general literature on the substantive aspects of the law of the sea, but have also examined those dealing with marine policy issues.
Chapter Two delves into the critical question of access to and from the sea for land-locked States under the law of the sea. In this chapter, we have looked at the relationship between Botswana with its coastal neighbouring States, within the context of the SADC arrangements in place.
The exclusive economic zone (EEZ) is dealt with under Chapter Three. The question of access by Botswana to the living resources of the foreign EEZ in the region is dealt with. The raison d’etre for the involvement in the zone is set out and the need for an appropriate institutional framework is underscored.
In Chapter Four, the very crucial issue of the deep sea-bed mining is dealt with. We have examined the sea-bed mining regime as established under LOS Convention and the subsequent 1994 Agreement relating to the implementation of Part XI of LOS Convention. Particular attention has been given to the rights of land-locked States in this area, and the prospects and limitations within the seabed area as they apply to Botswana.
Chapter Five is devoted to analysis of various marine policy issues and the consideration of appropriate legislative and institutional framework for maritime matters of Botswana. Conclusions of the study and the appropriate Recommendations are contained in Chapter Six.
Table of Contents
1. INTRODUCTION
1.1. Analytical Focus
1.2. Objectives of the Study
1.3. Justification of the Study
1.4. Hypothesis
1.5. The Methodology of the Study
1.6. The Scope of the Research
1.7. Literature Review
2. BOTSWANA AND THE RIGHT OF ACCESS UNDER THE LAW OF THE SEA
2.1. The background of the problem of access to the sea
2.2. The Right of Access of Botswana under International Law
2.3. Concluding observations
3. BOTSWANA AND THE EXCLUSIVE ECONOMIC ZONE (EEZ)
3.1. Introduction
3.2. The juridical nature of the Exclusive Economic Zone
3.3. Rights of Botswana in the Exclusive Economic Zone.
3.4. Concluding Remarks
4. BOTSWANA AND THE MINERAL RESOURCES OF THE DEEP SEA-BED
4.1. Introduction
4.2. A Brief Historical Survey of the Deep Sea-Bed Mining Regime.
4.3. The Sea-Bed Mineral Resources.
4.4. Botswana and the Mineral Resources of the Deep Sea-bed
4.5. Concluding Remarks
5. THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR BOTSWANA
5.1. Introduction
5.2. Marine Policy Options for Botswana.
5.3. Legal and institutional Framework for Marine Policy.
6. CONCLUSIONS AND RECOMMENDATIONS.
6.1. Conclusions
6.2. Recommendations
7. Bibliography
7.1. Books
7.2. Articles, Journals and Official Documents
Research Objectives and Thematic Focus
This study critically evaluates the adequacy of Botswana's existing legal and institutional framework in the context of the 1982 United Nations Convention on the Law of the Sea (LOS Convention). The primary research objective is to demonstrate the necessity of establishing a national marine policy and an effective institutional body, such as a Botswana Maritime Authority, to manage marine affairs and secure the rights available to land-locked States.
- Analysis of land-locked States' rights regarding access to the sea and transit under international law.
- Evaluation of potential participation in the exploitation of living resources within the Exclusive Economic Zone (EEZ).
- Examination of the deep sea-bed mining regime and the implications for land-based mineral producers like Botswana.
- Assessment of the institutional requirements for domesticating the LOS Convention and coordinating national maritime policy.
Excerpt from the Book
4.4.5. The Problems of Botswana as a land-locked state in relation to the Seabed Area.
Before proceeding to examine the position of Botswana as a land-locked State in relation to seabed mining, we need to look at the arguments that were advanced for and against the rights of land-locked countries within the seabed area. The question to address is: does Botswana as a land-locked country have a right to the seabed resources.
The first argument is that a coastal front should be a necessary pre-requisite for access to seabed resources. To support this position coastal States could emphasize the precedents relating to the zones of national jurisdiction, such as the territorial sea, in the traditional law of the sea, and the fact that prior to 1967 these precedents had never been challenged by any land-locked State. With this starting point, the argument would proceed, by analogy, that Botswana could be barred from access to deep sea-bed resources. This argument fails on account of the fact that, for instance, neither law nor logic compels anyone to accept the assertion that a coastline is indispensable for the creation of rights to sea-bed. In further support of this position, it may be observed that, to date, entitlement to deep sea-bed resources has not depended on whether particular States have established ‘territorial’ claims to parts of the sea-bed area.
Summary of Chapters
1. INTRODUCTION: This chapter establishes the analytical focus, research objectives, and the theoretical basis for studying Botswana as a land-locked State party to the LOS Convention.
2. BOTSWANA AND THE RIGHT OF ACCESS UNDER THE LAW OF THE SEA: This chapter examines the critical historical and legal issues surrounding the transit rights of land-locked States in the Southern African region.
3. BOTSWANA AND THE EXCLUSIVE ECONOMIC ZONE (EEZ): This chapter discusses the juridical nature of the EEZ and explores the rights of land-locked States, such as Botswana, to participate in the exploitation of surplus living resources.
4. BOTSWANA AND THE MINERAL RESOURCES OF THE DEEP SEA-BED: This chapter analyzes the international deep sea-bed mining regime and the potential economic impacts on land-locked mining nations like Botswana.
5. THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR BOTSWANA: This chapter explores marine policy options and argues for the creation of a dedicated regulatory agency and legislative framework for maritime management.
6. CONCLUSIONS AND RECOMMENDATIONS: This final chapter synthesizes the research findings and provides recommendations for establishing national legislation and promoting further scholarly research in the law of the sea.
Keywords
Law of the Sea, Botswana, land-locked State, LOS Convention, Exclusive Economic Zone, deep sea-bed mining, maritime policy, institutional framework, transit rights, sustainable exploitation, mineral resources, common heritage of mankind, regional cooperation, SADC, Botswana Maritime Authority.
Frequently Asked Questions
What is the core focus of this dissertation?
The dissertation focuses on the legal and institutional challenges faced by Botswana, as a land-locked State, in implementing the provisions of the 1982 United Nations Convention on the Law of the Sea (LOS Convention).
What are the central themes discussed in the work?
The central themes include the right of transit and access to the sea, the exploitation of living resources within the Exclusive Economic Zone (EEZ), the international regime for deep sea-bed mining, and the development of a national maritime policy.
What is the primary objective of this research?
The primary objective is to provide a conceptual framework for the Government of Botswana to establish an effective institutional and legislative structure, specifically a Botswana Maritime Authority, to realize the benefits accrued under the LOS Convention.
Which scientific method is utilized in this study?
The study employs an empirical evaluation approach, utilizing primary and secondary data, including official government documents, legal instruments, interviews with selected officials, and comprehensive literature reviews.
What does the main body of the work address?
The main body systematically analyzes Botswana's rights and constraints under the LOS Convention, covering transit access, EEZ utilization, deep sea-bed mining participation, and the necessity for integrated maritime policy formulation.
Which keywords characterize this research?
Key terms include Law of the Sea, land-locked State, Botswana, Exclusive Economic Zone, deep sea-bed mining, and national marine policy.
How does the author evaluate the "surplus" resource issue in the EEZ?
The author questions the practical application of Article 69(3), noting that the determination of "surplus" resources is contentious and that coastal states might leverage ambiguous phrasing to limit access for land-locked neighbors.
What is the author's stance on the establishment of a "Ministry of the Sea"?
The author considers the establishment of a "Ministry of the Sea" a viable policy option, arguing that while it might seem far-fetched for a land-locked nation, it represents a necessary step once the significance of ocean resources is fully recognized.
- Arbeit zitieren
- Dr. Milton Owuor (Autor:in), 2006, Botswana and the 1982 Law of the Sea Convention. Legal and institutional framework for a land-locked state party, München, GRIN Verlag, https://www.grin.com/document/429096
