PhD Thesis

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DEEP SEABED MINING UNDER THE LAW OF THE SEA CONVENTION, 1982 WITH SPECIAL REFERENCE TO THE INTERESTS OF DEVELOLPING COUNTRIES
(National Law School Of India University, 1999-04-12) Rehman, Habibur
This is a research work carried out independently on the topic "Deep Seabed Mining Under the Law of the Sea Convention :1982 with special reference to the interests of developing countries” ‘Deep seabed’ ' signifies the "seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction", conventionally known as "Area" and exploration for and exploitation of all mineral resources" is conventionally known as "activities in the Area". An attempt has been made to examine the international legal regime governing deep seabed mining in nine chapters, critically analysing the interests of developing countries specifically. Chapter I makes an acquaintance with the introductory approach of the study. Chapter II investigates the historical background of res nullius and res communis concepts and assesses freedom of the high seas as adopted in UNCLOS I not applicable specifically to the deep seabed mining. The legal regime on deep seabed and its resources remained in vacuum and in 1967 substantial success was achieved with the adoption of the common heritage of mankind resolution in the General Assembly. The LOS convention of UNCLOS III, relating to the Area and its resources in Part XI, has been analyzed in various perspectives to the interests of developing countries. Chapter III seeks out scientific data and capabilities with regard to activities to be carried out in the Area and its resources and identifies which of the part of the Area are to be concerned for the mining. The study envisages the aftermath of the deep seabed mining as to whether and to what extent it will affect the land-based producer states and other matters related as well. Chapter IV delves into insight about the Area and the Seabed Authority as well as its different organs. Dealing with the settlement of disputes machineries, an analysis has been made on transfer of technology enabling the developing countries to participate effectively in the mining. Chapter V speaks out about the illegality of deep seabed mining enactments passed by certain industrialized states in the prevalence of the LOS Convention. It has been stressed that national enactments in consideration of the Convention together with its entry into force since 16 November 1994 should be withdrawn, thus, promoting a universal regime on the deep seabed and its resources. Chapter VI discusses the arrangements accomplished by PrepCom towards registration of several governments of States as pioneer investors enabling activities in the Area to be carried out under the Convention. Chapter VII examines AgRellmplePart XI LOS Convention provisions, justifying it for the success in bringing opponents like the United States and its allies to the Convention as its parties. Evaluation has been made about the impact of AgRelimplePartXILOS Convention in different perspectives. Chapter VIII envisages future projections about probable problems that might arise out of the deep seabed mining. Conclusion has been drawn in chapter IX. As to the findings of the research it has been emphasised that the interests of developing countries in the deep seabed mining have not enhanced significantly under the United Nations Convention on the Law of the Sea, 1982, but legally and specifically, they can consider themselves to be secured in their position that no state or entity can proceed for appropriating the Area and its resources.
Techno Legal Issues of Digital Signature: A Proposal for Legal Framework.
(National Law School Of India University, 2007-08-06) S.C.Sharma, S.C.Sharma
Protocols on Search, Seizure and Retrieval of Digital Evidence in Cyber Crimes Investigation in the Virtual Situation
(National Law School of India University, 2004-07-02) M K Nagaraj, M K Nagaraj
Project Induced Displacement and Rehabilitation in Nepal: "Law, Policy and Practice"
(National Law School of India University, 1999-12) Bhattarai, Ananda Mohan
Protection of Human Rights in the Pre-Trial Processes
(National Law School of India University, 1993-11) Murthy S, Krishna
International Law and Trade of Conventional Arms A Legal Analysis of Arms Dynamics and Indias Position
(National Law School Of India University, 2000-02-26) Basak, Chiradeep
Green Ships and Cleaner Ports: An Integrated Approach
(National Law School of India University, 2009) Kumar., P V Sasi
The Constitutional Developments in India Through Judicial Process A Study.
(National Law School of India University, 2006) K Bhakthavatsala,
A Critique of SEBI's Regulation of Public Offerings of Equity Shares and Convertible Securities in India
(National Law School of India University, 2009) Sabarinathan, G
A Critical Analysis of the Disinvestment Process in India
(National Law School of India University, 2008) Mukherjee., Prasenjit
The last few years have seen more and more countries opting for privatization. The international financial institutions have also been favouring it as part of their structural adjustment programme for specific countries. After the macroeconomic crisis of 1991, India too initiated certain refonns aimed at reducing the level of state intervention. This dissertation seeks to examine whether these changes denote a genuine move towards privatization or not, and whether such a policy would be sustainable, given the economic, political and social compulsions that the country faces. The dissertation seeks to explore the concept of privatization, its rationale and consequences and then look at privatisation in developed as well as developing countries. It will examine thereafter the developmental strategy adopted by India since her independence leading to the growth of the public sector, the macroeconomic crisis of 1991 and the policy changes that have taken place since then. The study will show that while after 1991 the Government has been forced to cut down on the level of state intervention, it has followed a cautious approach and not gone in for large-scale privatization. On the contrary, the emphasis has been more on deregulation than on actual disinvestment. It will show that the disinvestment carried out so far has not only been marginal, but the proceeds have gone towards reducing the fiscal deficit of the government instead of rejuvenating the public sector enterprises. While wholesale privatisation may not be a preferred option keeping in view the huge investments made so far as well as the social tensions such a step would engender, some sort of rolling back of the government's activities would appear inevitable. The study will conclude that as the government's resources dwindle, there is bound to be greater dependence on private financing for new projects and for infrastructure development. This would be partly met from domestic sources and partly from foreign investment. There would be a tendency to allow the private sector into areas that were earlier reserved for the public sector. There would also be a withdrawal from areas that are perceived as better managed by the private sector. xii

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