الحماية الدولية لحقوق الدول الحبيسة و المتضررة جغرافيا في المنطقة الدولية

Abstract

It is important to note that the Convention on the Law of the Sea is widely recognized, and sets out the legal framework through which all activities in the oceans and seas must be implemented by all States. The 1982 Convention on the Law of the Sea paid special attention to the problem of reconciling traditional freedoms with exploration and investment activities in the international deep seabed area by landlocked and geographically disadvantageous states. Despite of this, limited capacities impede States, particularly those landlocked, not only from benefiting from the oceans and seas and their resources in accordance with the Convention on the Law of the Sea, but also from complying with a set of obligations under that Convention. Therefore, the capacity-building needs of States in marine science and the current reviews of capacity-building activities and initiatives in these fields as well as other rights in the fields of ocean issues and the law of the sea remain of vital importance. In spite of the prevailing conflict situation in international relations between developed and developing countries, the rights of States in the international zone, including those landlocked and geographically disadvantageous, developed or developing, are equal and subject to the regulations and criteria set out in Part XI of the Convention, annex III, and the rules established by the Authority in accordance with its power. Among the challenges which still face the international community is the sustainable development of the oceans and their resources and human activities in the oceans and seas. In particular, threats to vulnerable marine ecosystems due to over-exploitation, illegal, unreported and unregulated fishing, marine pollution and other marine mining actions. It could be said that the adoption of rules relating to the regulation of the exploitation and exploration of the resources of the international zone, the granting of preferential international rights and protection to landlocked and geographically disadvantageous states as well as the consideration of that region and its resources as the common heritage of all humankind is an important turning point not only in respect of the law of the sea but also of the general international law as a whole. Accordingly, any study of the legal organization of the international areas of common interest should first and foremost focus attention on the new rules imposed by the application of the concept of the ""common heritage of mankind"", which represents an ongoing legal process has not yet ended. Finally, the economic benefits of extracting minerals from the deep seabed, which are likely to be in the form of fees paid to the international authority, must be shared in order to ""benefit all humankind"" with special emphasis on developing countries and in particular landlocked and geographically disadvantaged of them, which lack the technology and capital to extract minerals from the seabed on their own. If seabed mining operations are managed effectively and in accordance with the rule of law as set forth in the Convention, they can contribute to the achievement of goal 14 of the objectives of sustainable development, in particular for landlocked continental and geographically affected States, developing States consisting of small islands, which rely heavily on the ocean and its resources for economic development.