Abstract
The existence of the Area as a place who has a big natural resources potention, becomes the conflict source especially about the exploration rights in that place. UNCLOS III gave the solution to the status of the Area as a Common Heritage of All Mankind that set in the special regulation regime. The born of the regime got the opposition from the United States of America and several countries whose want the Area serve by “first come first serve regime” or the freedom of high seas. The other problem is the special regime can be applied by the states whose not the party of UNCLOS III like United States of America?
Highlights
Erga Omnesl (Reviewing the Legal Status of Seabed from the Perspective of the Law of Treaties)
The Seabed regime is a newly emerging regime adopted within the LOSC 1982
The regime is intended to translate the concept of common heritage of mankind (CHM) into institutional reality, by establishing International Seabed Authority
Summary
Keberadaan the Area sebagai tempat yang memiliki potensi sumber daya alam yang besar, telah menjadi sumber konftik khususnya mengenai hak efaplorasi di tempat tersebut Untuk iiu, UNCLOS Iff telah memberikan solusi penetapan status the Area sebagai Common Heritage of All Mankind yang diatur dalam rezim kukum khusus. The developing nations adhere to the contention that the principle is a general rule of international law prohibits unilateral mining The latter attempts to develop the CHM principle in pursuance to the notion of so-called establishing art internationcd economic order- They do contend that the seabed can not be subject to appropriation and claim that all countries must share in the management of the region and further, there must be an active sharing of the benefits reaped from the exploitation of the Area's resources. The very entirely nature or the undivided character of the regime which necessitate universally acceptance by all states, leads to the strong suggestion that it should be approached under particular concept of international law beyond such traditional methods It is worth reexamining the legal nature of the seabed regime and its legal effects to third parties in a more appropriate manner
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