By Dr. iur. Günther Jaenicke, Dr. iur. Erich Schanze LL.M., Wolfgang Hauser LL.M. (auth.)
The 3rd Uni ted international locations convention at the Lawof the ocean is getting ready ideas a long way the institution of a world felony regime governing the exploration and exploitation of the assets of the foreign seabed. The Draft conference at the legislations of the ocean (Informal textual content) of 27 August 1980 which has to date been the results of the negotiations throughout the previous classes of the convention, presents for a so-called "parallel procedure" lower than which a world "Enterprise" as weIl as nationwide deepest or state-owned businesses might be granted entry to the assets of the overseas seabed lower than the regulate of a world Seabed Authority. The Draft conference additionally envisages the condusion of three way partnership agreements among the overseas firm and nationwide businesses or consortia, and encourages such cooperation via provide ing numerous incentives. Such joint ventures will most likely play a massive half in making the foreign company operative within the early years of its lifestyles. on the convention issues were expressed even if and while the firm as a newcomer will be capable of begin seabed mining and to compete successfully with the nationwide businesses. The Draft conference offers for a few methods and skill to permit the firm to advance its technological and fiscal services for deep sea mining as early as possible.
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Extra info for A Joint Venture Agreement for Seabed Mining
Article 19: Default and Force Majeure .............. Article 20: Dispute Settlement . . . . . . . . . . Article 21: Applicable Law ........................ Article 22: Renegotiation. . . . . . . . . . . . .. Article 23: Termination and Assignment ............ 40 80 81 82 83 84 85 86 87 88 90 General Definitions: 1. Affiliated Party A person shall be considered as an affiliate of another person if the first person, directly or through any third person or persons, controls, is controlled by, or is under common control with, the second person.
Article 2: Assignment of Rights to Operating Company .............................. Article 3: Exploration Period . . . . . . . . . . . Article 4: Feasibility Study and Design of Operations . . . . . . . . . . . . . . Article 5: Exploitation Period ...................... Article 6: Benefits to Developing Countries ......... Article 7: Reports, Documents and other Data ....... 43 44 45 46 46 48 49 Part B Article Article Article Article Article Article Article Article 1: Transfer of Technology ..................
First, the Investor must have incurred los ses over aperiod of time. Second, he must give notice of withdrawal before he withdraws from the project The notice of withdrawal gives the Authority the possibility of reconsidering the fiscal terms of the agreement. In practice, the withdrawal procedure will be the ultimate resort in case of a total failure of the operation. In light of the fact that the Investor has committed substantial funds to the project and has also invested in the processing sector, a withdrawal seems to be unlikely.
A Joint Venture Agreement for Seabed Mining by Dr. iur. Günther Jaenicke, Dr. iur. Erich Schanze LL.M., Wolfgang Hauser LL.M. (auth.)