Latin America's influence and role in the third conference on the law of the sea

Abstract

Abstract This study is a general outline of Latin America's claims, positions, and struggle for more than a quarter of a century in matters dealing with the new Law of the Sea. It emphasizes what in some way might be called the original Latin American contribution to the new Law, but it also deals with the support given to the ideas and proposals of other countries and regions. It attempts to summarize and explain the general and dominant trends in the Latin American region. There are two features of this work: (1) the historical background as a means of explaining unilateral actions and regional declarations through which a breach in the solid structure of the traditional Law of the sea was opened; and (2) the conclusions based on personal experience and a recollection of mental notes rather than comprehensive consultation of documents. The principle of the common heritage of mankind, proclaimed by the United Nations General Assembly (Resolution 2749 (XXV)) in December of 1970, has a dominant role in this study, particularly as it relates to issues dealing with the international area of the seabed. This principle holds the key to the acceptance or rejection of different proposals on the subject. Notwithstanding appreciation of this principle, recognition of some facts of the contemporary international community tempers strict application of this principle and opens the way to suggest some compromises that might close the gap between developed and developing countries in this crucial matter.