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Home International Tribunals Archive for category "UNESCO"

Deep Seabed Mining in the Area: is international investment law relevant?

Published on July 10, 2019        Author: 

The last decade has seen a renewed interest in the commercial exploitation of deep seabed minerals located beyond national jurisdiction. However, the respective responsibilities of deep sea miners and of their sponsoring states in this process have not been clarified fully. This short piece argues that international investment law is part of the legal framework applicable to the relationship between the deep sea miner and the state sponsoring it. More specifically, it attempts to demonstrate that deep sea mining operations can constitute a foreign-owned investment within the territory of a host state. Thus, when accepting to sponsor deep sea mining activities, states need to be mindful of the additional disciplines imposed by international investment law. 

The seabed beyond national jurisdiction (named as the “Area” by UNCLOS) is known to contain valuable mineral resources including copper, nickel, zinc and rare earth metals which have become particularly valuable because of recent technological innovations. The International Seabed Authority has awarded twenty-nine exploration contracts to a variety of state and private corporate bodies for vast zones in the Pacific and Indian Oceans. Foreign capital has become increasingly involved in this economic activity. Thus, Nauru Ocean Resources, a Nauruan entity which was granted an exploration contract in 2011, is a subsidiary of the Australian corporation Deepgreen Mineral Corp. UK Seabed Mineral Resources is a subsidiary of the well-known Lockheed Martin. However these activities are controversial and there exist glaring gaps in the scientific knowledge of the ecosystems where deep sea mining is supposed to take place. Read the rest of this entry…

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Who Can Apply to Add Sites Situated in Disputed territory to the World Heritage List?

Published on September 17, 2012        Author: 

Dr Shlomit Wallerstein is a CUF Lecturer in Law at the University of Oxford and Fellow of St Peter’s College, Oxford.

Recently (on 29 June 2012), the United Nations Educational, Scientific and Cultural Organization (UNESCO) accepted the Palestinian application  for the recognition of the Church of Nativity and the Pilgrimage Route as a world heritage site and included it in the World Heritage List. At the same time, it also added it to the list of ‘World Heritage Sites in Danger’. The site is described as located in Bethlehem. What is less known is that part of the pilgrimage route recognised as part of the site goes through East Jerusalem, which is currently under Israeli control. Israel opposed the recognition both with regards to the Church of Nativity, which is located in Bethlehem, and with regards to the pilgrimage route, which passes in part in an area under Israeli control and over which Israel claims sovereignty (a claim rejected by many in the international community). Leaving aside questions about the legitimacy of the recognition of Palestine as a state by UNESCO, the recognition of this site raises interesting questions about the relationship between the location of the site and the state that is applying tor recognition of the site as a world heritage site.

According to Art. 3 of the Convention Concerning the Protection of the World Cultural and Natural Heritage (hereafter: the Convention) it is the responsibility of each state to identify and delineate the different properties situated on its territory that should be recognised as either cultural or natural world heritage. Each State Party should then submit a tentative list of all these sites to UNESCO in accordance with Art. 11(1). UNESCO will only consider sites included in these lists.

But what happens where a site is found on a disputed territory? These cases create two potential scenarios. The first is that the state that claims sovereignty over the territory and which has effective control over that territory would apply to add the site on the World Heritage List. Assuming for the sake of this argument that Palestine is a state, its application concerning the Church of Nativity is a situation of this type as the site is found in Bethlehem, which is under the control of the Palestinians. The second scenario involves applications made by any state who has a claim on the territory on which the site is found but which does not have effective control over it. The Palestinian application to include the pilgrimage route, which is found (in part) in East Jerusalem (assuming for these purposes that this is a disputed territory), is an example of this second type scenario. Read the rest of this entry…

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UNESCO Approves Palestinian Membership Bid – A Case for US Countermeasures Against the Organization?

Published on November 8, 2011        Author: 

Christiane Ahlborn is Ph.D. Candidate at the Amsterdam Center for International Law and member of the project on Shared Responsibility in International Law (SHARES)

On 31 October 2011, the UN Educational, Scientific and Cultural Organizations (UNESCO) approved the bid of Palestine for full membership with the necessary two-thirds majority. Although 107 UNESCO States voted in favor of Palestinian membership, the approval also faced notable opposition by 14 States. The overall number of 173 votes cast included 52 abstentions. Among the States voting against the bid were the United States, Canada and several EU member States, including Germany and the Netherlands. While the diverging positions of EU member States thus reveals once again the lack of unanimity in EU external relations policy, the US disapproval of the Palestinian UNESCO membership may have more serious consequences at the level of US-UNESCO relations. For after the approval of Palestine’s membership bid, the US immediately announced that it would cut off its funds to UNESCO, which amount to 60 million USD annually. This decision is based on several US laws that prohibit the US government to provide funds to any United Nations agency or affiliated organization that “accords the Palestine Liberation Organization the same standing as member states” (see P.L. 101-246, Title IV [1990] and P.L. 103-236, Title IV [1994]).

International Responsibility for Withholding Membership Dues

Since the US is the largest contributor to the UNESCO budget with a share of 22 percent, its decision to withhold its contributions will most likely impede the effective functioning of the organization. As the Director-General of UNESCO stated on 2 November 2011, the continued withholding of dues may severely affect UNESCO’s activities in a variety of areas. UNESCO already felt the repercussions of the lack of US funding after 1984 when the United States withdrew from UNESCO due to the increasing politicization of the Organization, rejoining only in 2003 (for a discussion of the reasons for the withdrawal see Hans N. Weiler, ‘Withdrawing from UNESCO: A Decision in Search of an Argument’ (1986) Comparative Education Review 132).

Considering the potentially detrimental effects of US withholdings, this contribution seeks to examine whether the US could be held internationally responsible for its acts under the law of international responsibility. After all, Article IX of the constituent instrument of UNESCO (the UNESCO Constitution) states that member States of the organization have a “financial responsibility” towards the Organization, i.e. an obligation to provide the Organization with the necessary financial resources, as decided by the General Conference of UNESCO. Although this obligation arguably could have been formulated in more concrete terms, it is suggested that the United States would breach its obligations under the UNESCO Constitution by withholding its membership dues, and accordingly be under a secondary obligation to make reparation either in kind and/or by means of compensation.

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