This is essentially a study within the realm of the international law of the sea. It critically examines and assesses the efficacy of the existing legal and institutional framework regarding the implementation of the United Nations Law of the Sea Convention (the LOS Convention) and the management of the marine affairs of Botswana. It briefly explores the historical development of the LOS Convention with respect to Botswana as a land-locked State party, assesses the extent to which it has implemented the provisions of the LOS Convention. It is the argument of this study that Botswana needs an effective institutional and legislative framework if it is to realise the benefits that accrue by virtue of the LOS Convention.
In Chapter One, we undertake the analytical focus and set out the theoretical basis of the study. This chapter contains the statement of the study problem, the hypotheses, methodology, the objects of the research and the literature review of the pertinent legal works. Under literature review, we have analysed not only the general literature on the substantive aspects of the law of the sea, but have also examined those dealing with marine policy issues.
Chapter Two delves into the critical question of access to and from the sea for land-locked States under the law of the sea. In this chapter, we have looked at the relationship between Botswana with its coastal neighbouring States, within the context of the SADC arrangements in place.
The exclusive economic zone (EEZ) is dealt with under Chapter Three. The question of access by Botswana to the living resources of the foreign EEZ in the region is dealt with. The raison d’etre for the involvement in the zone is set out and the need for an appropriate institutional framework is underscored.
In Chapter Four, the very crucial issue of the deep sea-bed mining is dealt with. We have examined the sea-bed mining regime as established under LOS Convention and the subsequent 1994 Agreement relating to the implementation of Part XI of LOS Convention. Particular attention has been given to the rights of land-locked States in this area, and the prospects and limitations within the seabed area as they apply to Botswana.
Chapter Five is devoted to analysis of various marine policy issues and the consideration of appropriate legislative and institutional framework for maritime matters of Botswana. Conclusions of the study and the appropriate Recommendations are contained in Chapter Six.
Inhaltsverzeichnis (Table of Contents)
- CHAPTER ONE
- 1. INTRODUCTION
- 1.1. Analytical Focus.
- 1.2. Objectives of the Study.
- 1.3. Justification of the Study
- 1.4. Hypothesis...........
- 1.5. The Methodology of the Study
- 1.6. The Scope of the Research..
- 1.7. Literature Review........
- CHAPTER TWO
- 2. BOTSWANA AND THE RIGHT OF ACCESS UNDER THE LAW OF THE SEA.
- 2.1. The background of the problem of access to the sea
- 2.2. The Right of Access of Botswana under International Law.
- 2.3. Concluding observations.........
- CHAPTER THREE
- 3. BOTSWANA AND THE EXCLUSIVE ECONOMIC ZONE (EEZ).
- Introduction.......
- 3.1. The juridical nature of the Exclusive Economic Zone.........
- 3.2. Rights of Botswana in the Exclusive Economic Zone..
- 3.3. Concluding Remarks...
- CHAPTER FOUR
- 4. BOTSWANA AND THE MINERAL RESOURCES OF THE DEEP SEA-BED.
- 4.1. Introduction…....
- 4.2. A Brief Historical Survey of the Deep Sea-Bed Mining Regime.
- 4.3. The Sea-Bed Mineral Resources.....
- 4.4. Botswana and the Mineral Resources of the Deep Sea-bed
- 4.5. Concluding Remarks..
- CHAPTER FIVE
- 5. THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR BOTSWANA
- Introduction….....
- 5.1. Marine Policy Options for Botswana..
- 5.2. Legal and institutional Framework for Marine Policy..
- Botswana's access to the sea and its rights under the Law of the Sea Convention.
- The exclusive economic zone (EEZ) and Botswana's rights within it.
- The deep sea-bed mining regime and its implications for Botswana.
- The development of appropriate marine policy and its legal and institutional frameworks.
- The need for an effective legal and institutional framework for Botswana to realize the benefits of the Law of the Sea Convention.
- Chapter One introduces the study, outlining its analytical focus, objectives, justification, hypotheses, methodology, scope, and literature review. It provides the theoretical foundation for the research, exploring general literature on the law of the sea and marine policy issues.
- Chapter Two examines the crucial question of access to and from the sea for land-locked states under the law of the sea. It focuses on Botswana's relationship with its coastal neighboring states within the context of the SADC arrangements.
- Chapter Three delves into the exclusive economic zone (EEZ), exploring Botswana's access to the living resources of foreign EEZs in the region. It analyzes the rationale behind Botswana's involvement in the EEZ and highlights the need for a suitable institutional framework.
- Chapter Four addresses the critical issue of deep sea-bed mining. The chapter examines the sea-bed mining regime established under the LOS Convention and the subsequent 1994 Agreement, paying particular attention to the rights of land-locked states and their prospects and limitations in this area.
- Chapter Five analyzes various marine policy issues and considers an appropriate legislative and institutional framework for maritime matters in Botswana.
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This dissertation explores the legal and institutional framework for Botswana's implementation of the United Nations Law of the Sea Convention. The study investigates the effectiveness of this framework in managing Botswana's marine affairs, considering its status as a land-locked state. Key themes include:Zusammenfassung der Kapitel (Chapter Summaries)
Schlüsselwörter (Keywords)
The central themes of this work focus on the international law of the sea, particularly as it pertains to landlocked states. Key concepts include the United Nations Law of the Sea Convention (LOS Convention), access to the sea, the exclusive economic zone (EEZ), deep sea-bed mining, marine policy, institutional framework, and legal frameworks for maritime matters. The dissertation delves into the specifics of these topics as they relate to the situation of Botswana.- Quote paper
- Dr. Milton Owuor (Author), 2006, Botswana and the 1982 Law of the Sea Convention. Legal and institutional framework for a land-locked state party, Munich, GRIN Verlag, https://www.grin.com/document/429096
