ABSTRACT

The current practice of Colombia, therefore, poses interesting legal questions, especially regarding deep sea mining because of the possibility envisioned in its domestic mining regulations to engage in direct participation with the International Seabed Authority as a non-UNCLOS party. Colombia also shares joint development areas with the Dominican Republic and with Jamaica. This last one has a particular agreement for oil and gas. Like many countries, the Political Constitution of 1990 enlists the components of the Colombian territory, including the subsoil and the continental shelf, ‘in accordance with international law or the laws of Colombia in the absence of international regulation’. Article 151 of the Code contains a general provision applicable to cooperation or delegation agreements, requiring ‘permanent and timely’ transfer of technology, in favour of the State, covering a wide array of mechanisms for transfer, including any form of scientific advancement, technical knowledge, manuals, designs, instructions, assistance, and any form of training.