Master's Thesis from the year 2006 in the subject Business economics - Law, grade: 1.0, University of Botswana, language: English, abstract: This is essentially a study within the realm of the international law of the sea. It critically examines and assesses the efficacy of the existing legal and institutional framework regarding the implementation of the United Nations Law of the Sea Convention (the LOS Convention) and the management of the marine affairs of Botswana. It briefly explores the historical development of the LOS Convention with respect to Botswana as a land-locked State party, assesses the extent to which it has implemented the provisions of the LOS Convention. It is the argument of this study that Botswana needs an effective institutional and legislative framework if it is to realise the benefits that accrue by virtue of the LOS Convention.
In Chapter One, we undertake the analytical focus and set out the theoretical basis of the study. This chapter contains the statement of the study problem, the hypotheses, methodology, the objects of the research and the literature review of the pertinent legal works. Under literature review, we have analysed not only the general literature on the substantive aspects of the law of the sea, but have also examined those dealing with marine policy issues.
Chapter Two delves into the critical question of access to and from the sea for land-locked States under the law of the sea. In this chapter, we have looked at the relationship between Botswana with its coastal neighbouring States, within the context of the SADC arrangements in place.
The exclusive economic zone (EEZ) is dealt with under Chapter Three. The question of access by Botswana to the living resources of the foreign EEZ in the region is dealt with. The raison d'etre for the involvement in the zone is set out and the need for an appropriate institutional framework is underscored.
In Chapter Four, the very crucial issue of the deep sea-bed mining is dealt with. We have examined the sea-bed mining regime as established under LOS Convention and the subsequent 1994 Agreement relating to the implementation of Part XI of LOS Convention. Particular attention has been given to the rights of land-locked States in this area, and the prospects and limitations within the seabed area as they apply to Botswana.
Chapter Five is devoted to analysis of various marine policy issues and the consideration of appropriate legislative and institutional framework for maritime matters of Botswana. Conclusions of the study and the appropriate Recommendations are contained in Chapter Six.
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Dr Adv Milton Owuor, PhD, is an all-round society conscious international criminal lawyer by profession. He is candidate for admission to the prestigious New York State Bar. Dr Adv Milton is on high demand worldwide, for high profile pro bono legal consultancy - He undertook high profile consultancy on the US Attorney-General's Department of Justice policy on Cy pres doctrine in US Federal Courts, in Phoenix, Arizona, USA. Dr Adv Milton is an active member of the International Law Association (ILA) in good standing. He is an advocate of over 22 years standing having been admitted and 'called to the Bar' to practice as an Advocate in 1995. He belongs to the legal academia. Dr Adv Milton holds a PhD in International Criminal Law. He is the Founder Chairman & CEO of Centre for International Criminal Justice.
Dr Advocate Milton, PhD, is the COO of SBI & Personal Legal Advisor to Dr Shepherd Bushiri, PhD.
He has demonstrated exceptional brilliance throughout his academic career. He won the prestigious Hamilton Harrison & Mathews Merit Prize for being the Best Law Student -academic year 1989/90. He graduated among the top candidates in his class with a Bachelor of Laws (LL.B) (Honours) degree in 1993. In the same year, he won a University Staff Development Postgraduate Scholarship, and he taught Law of Taxation to Final year LLB students. He has also lectured law to Bachelor of Law (LL.B) students undertaking the LLB External programme of the University of London.
Dr Advocate Milton was Founder of the first ever accredited private law school in Botswana. He alone designed the first ever BOTA accredited Certificate in law programme in Botswana.
He has published widely within the realm of legal academia. One of his outstanding publications is a "Handbook on the Constitution of Botswana: Questions and Facts" (ISBN 99912-0-418-0 ), which is a recommended text book for reference in schools and universities. Dr Adv Milton's PhD doctoral research entitled "The International Criminal Court and Positive Complementarity: Legal and institutional framework" makes far reaching recommendations for the restructuring and reform of the Assembly of States Parties of the International Criminal Court. His recent publication is an outstanding intellectual analysis entitled "United States Attorney-General's Justice Department policy on the application of the Cy Pres Doctrine in Federal Courts of the United States of America."(ISBN: 9783668720497)