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- Capítulo Segundo. El Periodo Transitorio. La Incertidumbre Sobre el Futuro de la Parte XI de la Convención
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Author | Esther Salamancas Aguado |
Una vez abierta a la firma la Convención en Montego Bay, el 10 de diciembre de 1982, se inicia un período, que hemos calificado de transitorio, caracterizado por una gran incertidumbre jurídica y política sobre el régimen contenido en la Parte XI. Por un lado, los Estados industrializados aprueban legislaciones nacionales y autorizan las primeras licencias de exploración sobre áreas de los fondos oceánicos al margen del régimen previsto en la Convención y en la Resolución II. La posición de los Estados Unidos era muy clara al respecto, ausente de los trabajos de la Comisión Preparatoria, el 10 de marzo de 1983 el Presidente Reagan anunciaba que:
'...The United States will continue to work with other countries to develop a regime, free of unnecessary political and economic restraints, for mining deep seabed minerals beyond national jurisdiction. Deep seabed mining remains a lawful exercise of the freedom of the high seas open to all nations. The United States will continue to allow its firms to explore for and, when the market permits, exploit these resources'1.
La misma situación la compartían el Reino Unido y la República Federal de Alemania, aunque, no habiendo firmado la Convención a causa de la Parte XI, participaban como observadores en las reuniones de la Comisión Preparatoria. Más confusa era la situación de Francia, la Unión Soviética o Japón quienes, habiendo firmado la Convención y participando en los trabajos de la Comisión Preparatoria, habían aprobado leyes internas 2. La cuestión se complicó aún...
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