The Dilemma Of Operationalizing The Enterprise Under UNCLOS 1982

Merdekawati, A. and Triatmodjo, M. and Arsana, I.M.A. and Hasibuan, I.A.T. (2023) The Dilemma Of Operationalizing The Enterprise Under UNCLOS 1982. Brawijaya Law Journal, 10 (2). pp. 122-142. ISSN 23564512

[thumbnail of The Dilemma Of Operationalizing The Enterprise Under.pdf] Text
The Dilemma Of Operationalizing The Enterprise Under.pdf - Published Version
Restricted to Registered users only

Download (541kB) | Request a copy

Abstract

The Area's deep-seabed mining activities require substantial capital and sophisticated technologies, which become barriers for developing countries. UNCLOS 1982 envisioned that the presence of the Enterprise would solve this problem. However, the Enterprise is yet to be operationalized. The UNCLOS 1982�s Implementing Agreement 1994 postponed the Enterprise�s independent operation until the requirement is fulfilled. However, there have been changes within the international community that might affect the urgency on the Enterprise�s operationalization. This paper explored the dilemma of the Enterprise�s operationalization in ensuring the participation of developing countries and to generate the optimum benefits to all mankind. This research is aimed to contribute to the understanding of contemporary problems in applying the common heritage of mankind principle in the Area. The research found three dilemmas, relating to the divided interests of developing countries, optimizing financial benefits redistribution, and the diminishing role attributed to the Enterprise. The research concluded that it is necessary to review the provisions in UNCLOS 1982 and the 1994 Implementation Agreement with the spirit of ensuring the participation of developing countries in the Area utilization by adjusting to the current situation of the international community. © 2023, Brawijaya University Faculty of Law. All rights reserved.

Item Type: Article
Additional Information: cited By 0
Uncontrolled Keywords: Common Heritage of Mankind; Deep Seabed Mining; The Enterprise; UNLCOS 1982
Subjects: K Law > K Law (General)
K Law > K Law (General) > K520 Comparative law. International uniform law > K1700-1973 Social legislation
K Law > K Law (General) > K520 Comparative law. International uniform law
Divisions: Faculty of Law > Internatinal Program in Law
Depositing User: Afni Isnaini Aprilia
Date Deposited: 19 Sep 2024 02:14
Last Modified: 19 Sep 2024 02:14
URI: https://ir.lib.ugm.ac.id/id/eprint/6962

Actions (login required)

View Item
View Item