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

Master's Thesis from the year 2006 in the subject Business economics - Law, grade: 1.0, University of Botswana, language: English, abstract: 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.