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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Marine resources and the Namibian Constitution
Author:Devine, D.J.ISNI
Periodical:South African Yearbook of International Law
Geographic term:Namibia
Subjects:territorial waters
Abstract:The Constitution of the Republic of Namibia claims sovereign ownership over certain natural resources for the State. This note comments on the provisions in so far as they affect marine resources. It comments from an international law perspective and examines whether the various claims are compatible with international law. The best approach to the question is to examine the claim of the Namibian State to ownership of land, natural resources and water in territorial waters, the exclusive economic zone (EEZ), and the continental shelf. The conclusion is that these claims appear to be in accordance with international law. Controversial, however, is the claim to ownership of the waters of the EEZ, as there could be a whole series of uses to which foreign States might legitimately subject the waters in question. Namibian practice, if it is to accord with international law, would have to respect such rights belonging to foreign States. Notes, ref.