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Developments in Special Commission 3 of the Preparatory Commission for the International Sea-Bed Authority and for the International Tribunal for the Law of the Sea: Drafting the Future Deep Sea-Bed Mining Code

Published online by Cambridge University Press:  21 May 2009

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Extract

When I acceded to the chair of Special Commission 3 in March 1986, the PrepCom, consisting of 159 Member States and six observers, had already been meeting twice a year since early 1983. However, in its first year of existence most of the time was spent on procedural questions. The first report on the substantive activities of Special Commission 3 dates from 12 April 1984 in the form of a statement to the Plenary by the Chairman of Special Commission 3 on the progress of its work. Since then, reports on the progress of work have been published every spring and summer session. Such reports are not reports in the usual sense of the word (texts adopted by the Special Commission). They are prepared by the Chairman and the Secretariat and are read out in the Special Commission before they are printed as a document. The draft report is handed to the main spokesmen so that they can check whether their points of view are properly reflected. Usually there is no debate on the report in the last meeting of the session; they remain the Chairman's responsibility. In a Conference where no formal records are kept, they fulfil a special function and are carefully prepared for use as an aid in the reporting by delegations on the session and preparing for the next session.

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Articles
Copyright
Copyright © T.M.C. Asser Press 1989

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References

1. The reports are contained in UN documents LOS/PCN/L.3, /L.11, /L.16, /L.26, /L.32, /L.38, /L.46, /L.52, /L.59, /L.64, and /L.69.

2. This was done on the basis of LOS/PCN/27 of 8 September 1983 containing suggestions by the Chairman concerning:

(a) the structure of the PrepCom, functions of the organs and bodies, officers and venue of the PrepCom;

(b) procedures and guidelines for registration of pioneer investors under Resolution II; and

(c) Rules of Procedure on decision making.

In Annex I to that document the functions of the four Special Commissions and the Plenary have been laid down.

3. UN Convention on the Law of the Sea, Montego Bay, 10 December 1982, UN Publication no. E.83.V.5. Articles without reference refer to this Convention.

4. Rules, regulations and procedures for the exploration and exploitation of any other resources shall be adopted within three years from the date of a request to the Authority from any of its members, according to the same article.

5. Only one proposal was made in writing: LOS/PCN/SCN.3/WP.7 containing a proposal by the group of industrialized countries for a new Art. 25bis.

6. Reports on the debate are contained in the statements of the Chairman of Special Commission 3 on the progress of work, contained in LOS/PCN/L.38, /L.46, /L.52 and /L.59.

7. See also PCN/SCN.3/1986/CRP.5, containing an explanatory note by the Secretariat on the financial terms used in Art. 3 of Annex III.

8. See the Chairman's report on the progress of work contained in LOS/PCN/L.52.

9. Reports on the debate are contained in the statements of the Chairman of Special Commission 3 on the progress of work, contained in LOS/PCN/L.59, /L.64 and /L.69.

10. The text of Mr. Markussen's speech was distributed at the Seminar, but has not (yet) been published to my knowledge.

11. See n. 9 supra.

12. The text was transcribed from the tape recording.

13. Declaration of Principles Governing the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction, adopted by the General Assembly of the United Nations on 17 December 1970 (Res. 2749 (XXV)). This principle has been incorporated in Art. 140 of the Convention.