Agreement Part Xi

The results of the Secretary-General`s informal consultations in 1990 and 1991 were presented in the brief summary of the Secretary-General`s informal consultations on the law of the sea in 1990 and 1991 of 31 January 1992 and in a briefing note dated 26 May 1992. These results fell into two categories. First, a comprehensive agreement appears to have been reached on relatively detailed cost solutions for contracting states, enterprise, decision-making, review conference and technology transfer. Secondly, with regard to production limitation, the clearing fund and the financial terms of the contracts, it was generally agreed that it was neither necessary nor wise to formulate new detailed rules for these positions. As a result, the briefing note contains general principles to be applied when commercial production of deepwater ores is imminent. (ii) an interpretive agreement consisting of agreements on the interpretation and application of the convention; The aim of the consultations was to obtain wider participation of the major industrialized countries in the convention in order to achieve the goal of universality. The consultations resulted in an outcome that served as the basis for a general agreement on the issues that were the subject of the consultations. Participants conducted an article-by-article review of the draft agreement. Attention was then turned to the two main issues facing the consultations: decision-making within the Council and the company. These issues, which are at the heart of the consultations, have proved to be the most difficult to resolve.

From the outset of the consultations, it became clear that these issues could only be resolved in the final phase of this process, when the results of the consultations were clearer. With regard to decision-making, the debate focused on the system of votes by chamber, in particular on whether categories or groups of States, particularly developing countries, should be treated in chambers for decision-making purposes within the Council. The discussion about the company focused on the nature of the mechanism that would trigger the start of its activity, as well as its functions. A letter signed by all former living U.S. State Department legal advisers, representing both Republican and democratic governments, confirms the legally binding nature of the amendments to the convention made by the 1994 agreement. According to his letter, “the Reagan administration`s objection to the LOS Convention, as expressed in 1982 and 1983, was limited to the deep-water mining regime. The 1994 implementation agreement, which revised this regime, has, in our view, resolved this objection satisfactorily and has binding legal value in its amendment to the LOS Convention. 23 On 16 November 1993, the Convention received its 60th instrument of ratification or accession, meaning that it will enter into force on 16 November 1994, in accordance with its provisions (Article 308). The Assembly itself called on all States to participate in the consultations and to redouble their efforts to achieve universal participation in the Convention as soon as possible. 3/ The impending entry into force of the Convention has provided a sense of urgency for informal consultations. In 1992, Secretary-General Boutros Boutros-Ghali continued the informal consultations launched by his predecessor. At this stage, consultations have been open to all delegations.

Approximately 75 to 90 delegations attended these meetings. During the first three rounds of this phase, the nine questions were considered to clarify the results achieved so far during the consultations. Other issues were discussed on the following issues: spending for States Parties; The company Decision-making Review Conference; technology transfer.