Eksploatacja dna morskiego i podglebia w świetle konwencji NZ o prawie morza
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Date
1983
Authors
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Publisher
Wydział Prawa i Administracji UAM
Title alternative
See bed exploitation in the light of the United Nations Convention on the Law of the Sea
Abstract
The Polish delegation signed the UN International Convention on the Law of
the Sea in December 1982 and its ratification is being prepared now. This international
act is evaluated as a compromise, as it often happens with international
problems of economic* exploitation, of the sea, of its ground (bed) and of the
riches underneath the sea bed.
The author of the present contribution presents some critical remarks concerning
the concept of the (so-called) Sea Bed Authority, and particularly of the Sea
Bed Enterprise, which are supposed to be organs of the United Nations Organization,
and ergo are to be considered as subjects of international public Law. At
the same time these organs are supposed to enter into commercial contracts with
contractors and suppliers of various goods, services and know-how, both private,
State owned or mixed companies, whether national or transnational.
The UN Convention introduces also new words and phrases in international
law which are derived from commercial activity in trade and industrial production,
but have no counterpart in commercial law, id est a branch of private law. There
is no transmission from this private law to relations regulated by international
public law.
ln consequence the prescriptions of the Convention do not seem to be practical
enough and, even if the Convention will be ratified by a sufficient number of
states to make it enforcable, the chapter on exploitation of the sea bed and its
underground will have to be conceived in a different way.
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Sponsor
Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 45, 1983, z. 4, s. 87-95