Transition to a new South Africa: Marine law issues to be resolved?

Abstract

The current constitutional negotiations in South Africa will cover marine law issues inter alia. The constitution should define the national territory which will be the basis for generating maritime zones. It should provide that internal waters and territorial waters are part of the national territory and should thus resolve a long-standing controversy. Constitutional provisions relating to resources will also be relevant to marine resources. The state which eventually emerges could be one in which entrenched competences are allocated to regions. Negotiations will have to establish whether any offshore competences are allocated to regions and if so, what they should be. Finally, reincorporation of coastal homelands, Ciskei and Transkei, will pose questions such as approximation of maritime zone regimes with that of South Africa and the application of maritime conventions, to which South Africa is a party, to areas which are presently Ciskei and Transkei.