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 ways the institution of a global felony regime governing the exploration and exploitation of the assets of the overseas seabed. The Draft conference at the legislation of the ocean (Informal textual content) of 27 August 1980 which has to this point been the results of the negotiations in the course of the previous periods of the convention, presents for a so-called "parallel method" lower than which a world "Enterprise" as weIl as nationwide inner most or state-owned businesses can 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 foreign company and nationwide businesses or consortia, and encourages such cooperation via supply ing a number of incentives. Such joint ventures will most likely play a big half in making the overseas company operative within the early years of its life. on the convention issues were expressed even if and whilst the firm as a newcomer will be able to commence seabed mining and to compete successfully with the nationwide businesses. The Draft conference offers for a couple of methods and capacity to permit the company to strengthen its technological and fiscal functions for deep sea mining as early as possible.
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Extra resources for A Joint Venture Agreement for Seabed Mining
B. Since the Investor chooses to make his financial contribution upon commencement of the commercial production by paying a combination of a production charge and a share of net proceeds (mixed system), the payments will be determined as folIows: The production charge will be fixed at a percentage of the market value of the processed metals produced from the nodules extracted from the Designated Area in accordance with the following schedule: i) first period of commercial production ... ii) second period of commercial production ...
G. the New York prime interest rate) in effect at the date of default plus four percent (4 %). ment may not be taken as deductions in calculating net proc:eeds under Article 2 of this Part. Commentary, Part B, Article 5. Of practical importance for this Clause might be the following contingeneies: 1. Mfecting the Investor: - transfer of technology - submission of reports and data 2. Affecting the Authority: - guarantee of the exclusive right to mine the Area Paragraph (3) renders the Authority liable for omissions by its organs or employees.
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. The term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and the policies of a person, whether through the ownership of voting securities or by contract or otherwise.