The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 19...The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 1990 to 1994. The United Nations Convention on the Law of the Sea (hereinafter the “Convention”) is a major achievement of the UNCLOS III and the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter the “1994 Agreement”) is an achievement of the informal consultations. The Enterprise regime has been dramatically changed in many ways with the adoption of 1994 Agreement. Envisaged as an operational organ of the International Seabed Authority, the outlook of the Enterprise is still unknown. In this connection, this paper highlights a few questions which need to be answered urgently, and proposes the way forward for the operationalization of the Enterprise in terms of legal principles and institutional design.展开更多
The 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses (UNWC) contains a negotiation framework for transboundary water rights. However, it is a subjective document ope...The 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses (UNWC) contains a negotiation framework for transboundary water rights. However, it is a subjective document open to a wide range of possibilities and interpretations. Water Rights Allocations (WRAs) as described by Dinar and Nigatu (2013) and Dinar and Tsur (2017) provide a limited number of quantifiable allocation possibilities based on the UNWC. It is suggested that this methodology streamlines the negotiation process and reduces the effects of hydro hegemony. These methodologies are explored and applied through a case study on the Orontes River Basin.展开更多
文摘The Enterprise regime was intensively negotiated first in the Third United Nations Conference on the Law of the Sea (UNCLOS III) from 1973 to 1982 and then in the UN Secretary General’s informal consultations from 1990 to 1994. The United Nations Convention on the Law of the Sea (hereinafter the “Convention”) is a major achievement of the UNCLOS III and the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter the “1994 Agreement”) is an achievement of the informal consultations. The Enterprise regime has been dramatically changed in many ways with the adoption of 1994 Agreement. Envisaged as an operational organ of the International Seabed Authority, the outlook of the Enterprise is still unknown. In this connection, this paper highlights a few questions which need to be answered urgently, and proposes the way forward for the operationalization of the Enterprise in terms of legal principles and institutional design.
文摘The 1997 United Nations Convention on the Law of the Non-navigational Uses of International Watercourses (UNWC) contains a negotiation framework for transboundary water rights. However, it is a subjective document open to a wide range of possibilities and interpretations. Water Rights Allocations (WRAs) as described by Dinar and Nigatu (2013) and Dinar and Tsur (2017) provide a limited number of quantifiable allocation possibilities based on the UNWC. It is suggested that this methodology streamlines the negotiation process and reduces the effects of hydro hegemony. These methodologies are explored and applied through a case study on the Orontes River Basin.