Botswana and the 1982 Law of the Sea Convention. Legal and institutional framework for a land-locked state party

Table of Contents

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

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

3. BOTSWANA AND THE EXCLUSIVE ECONOMIC ZONE (EEZ)

3.1. Introduction

3.2. The juridical nature of the Exclusive Economic Zone

3.3. Rights of Botswana in the Exclusive Economic Zone.

3.4. Concluding Remarks

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

5. THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR BOTSWANA

5.1. Introduction

5.2. Marine Policy Options for Botswana.

5.3. Legal and institutional Framework for Marine Policy.

6. CONCLUSIONS AND RECOMMENDATIONS.

6.1. Conclusions

6.2. Recommendations

7. Bibliography

7.1. Books

7.2. Articles, Journals and Official Documents

Research Objectives and Thematic Focus

This study critically evaluates the adequacy of Botswana's existing legal and institutional framework in the context of the 1982 United Nations Convention on the Law of the Sea (LOS Convention). The primary research objective is to demonstrate the necessity of establishing a national marine policy and an effective institutional body, such as a Botswana Maritime Authority, to manage marine affairs and secure the rights available to land-locked States.

• Analysis of land-locked States' rights regarding access to the sea and transit under international law.
• Evaluation of potential participation in the exploitation of living resources within the Exclusive Economic Zone (EEZ).
• Examination of the deep sea-bed mining regime and the implications for land-based mineral producers like Botswana.
• Assessment of the institutional requirements for domesticating the LOS Convention and coordinating national maritime policy.

Excerpt from the Book

Summary of Chapters

1. INTRODUCTION: This chapter establishes the analytical focus, research objectives, and the theoretical basis for studying Botswana as a land-locked State party to the LOS Convention.

2. BOTSWANA AND THE RIGHT OF ACCESS UNDER THE LAW OF THE SEA: This chapter examines the critical historical and legal issues surrounding the transit rights of land-locked States in the Southern African region.

3. BOTSWANA AND THE EXCLUSIVE ECONOMIC ZONE (EEZ): This chapter discusses the juridical nature of the EEZ and explores the rights of land-locked States, such as Botswana, to participate in the exploitation of surplus living resources.

4. BOTSWANA AND THE MINERAL RESOURCES OF THE DEEP SEA-BED: This chapter analyzes the international deep sea-bed mining regime and the potential economic impacts on land-locked mining nations like Botswana.

5. THE LEGAL AND INSTITUTIONAL FRAMEWORK FOR BOTSWANA: This chapter explores marine policy options and argues for the creation of a dedicated regulatory agency and legislative framework for maritime management.

6. CONCLUSIONS AND RECOMMENDATIONS: This final chapter synthesizes the research findings and provides recommendations for establishing national legislation and promoting further scholarly research in the law of the sea.

Keywords

Law of the Sea, Botswana, land-locked State, LOS Convention, Exclusive Economic Zone, deep sea-bed mining, maritime policy, institutional framework, transit rights, sustainable exploitation, mineral resources, common heritage of mankind, regional cooperation, SADC, Botswana Maritime Authority.

Frequently Asked Questions

What is the core focus of this dissertation?

The dissertation focuses on the legal and institutional challenges faced by Botswana, as a land-locked State, in implementing the provisions of the 1982 United Nations Convention on the Law of the Sea (LOS Convention).

What are the central themes discussed in the work?

The central themes include the right of transit and access to the sea, the exploitation of living resources within the Exclusive Economic Zone (EEZ), the international regime for deep sea-bed mining, and the development of a national maritime policy.

What is the primary objective of this research?

The primary objective is to provide a conceptual framework for the Government of Botswana to establish an effective institutional and legislative structure, specifically a Botswana Maritime Authority, to realize the benefits accrued under the LOS Convention.

Which scientific method is utilized in this study?

The study employs an empirical evaluation approach, utilizing primary and secondary data, including official government documents, legal instruments, interviews with selected officials, and comprehensive literature reviews.

What does the main body of the work address?

The main body systematically analyzes Botswana's rights and constraints under the LOS Convention, covering transit access, EEZ utilization, deep sea-bed mining participation, and the necessity for integrated maritime policy formulation.

Which keywords characterize this research?

Key terms include Law of the Sea, land-locked State, Botswana, Exclusive Economic Zone, deep sea-bed mining, and national marine policy.

How does the author evaluate the "surplus" resource issue in the EEZ?

The author questions the practical application of Article 69(3), noting that the determination of "surplus" resources is contentious and that coastal states might leverage ambiguous phrasing to limit access for land-locked neighbors.

What is the author's stance on the establishment of a "Ministry of the Sea"?

The author considers the establishment of a "Ministry of the Sea" a viable policy option, arguing that while it might seem far-fetched for a land-locked nation, it represents a necessary step once the significance of ocean resources is fully recognized.