The International Seabed – the Common Heritage of Mankind: Recommendations for future governance by the International Seabed Authority (original) (raw)
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The Role of the International Seabed Authority in the Management of the Area: A Legal Appraisal
The International Seabed Authority is an international organization created in 1982 by the United Nations Convention on the Law of the Sea and the Implementation Agreement of Part XI of the United Nations Convention on the Law of the Sea 1994 to administer the Area and the resources found therein. However, the persistent complains of the absence of an exploitation regulation in the Area for over two decades is a call for concern on the effectiveness of the International Seabed Authority in exercising its role of managing the Area. This can be observed from the granting of thirty exploration contracts till date but no exploitation contract and inadequate information on the effects of these activities in the Area. However, this paper is focused on investigating the strategies adopted by the International Seabed Authority for the management of the Area and the challenges it encounters in this regard. The paper does so through the exploitation of secondary and primary sources of information. Secondary data were collected from books, academic journals, magazines, and official publications touching the subject matter. To compliment secondary data, primary data was also used and this was done essentially through interviews, focus group discussions and questionnaires. The data collected were analyzed with the use of thematic content approach The ensuing results revealed that the strategies range from the adoption of a Strategic Plan, establishment of a Mining Code to Environmental Management Plans. Thus the findings, laid a ground for further research on this area.
Seabed Mining and Approaches to Governance of the Deep Seabed
Frontiers in Marine Science
Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective policy to safeguard the marine environment. Reconciling seabed mining with the United Nations Sustainable Development Goals will be difficult because minerals extraction will have irreversible consequences that could lead to the loss of habitats, species and ecosystems services. A dialog needs to take place around social, cultural, environmental and economic costs and benefits. Governance of human interactions with the seabed is fragmented and lacks transparency, with a heavy focus on facilitating exploitation rather than ensuring protection. In the light of high uncertainties and high stakes, we present a critical review of proposed policy options for the regulation of seabed mining activities, recommend actions to improve seabed governance and outline the alternatives to mining fragile deep-sea ecosystems.
2019
International audienceIn 2019, one-quarter of a century has passed since the establishment of the International Seabed Authority (ISA). Given its strong power over mining activities in the Area, it is necessary or, at least, highly desirable that the ISA is perceived as legitimate. Especially, because the ISA's activities during the past ten years have been very aggressive, it seems important to review its legitimacy by examining its practices. In particular, given the scientific uncertainty and possibly irrecoverable nature of the Area's marine environments after the certain activities, it seems important that the ISA decides transparently in light of these concerns, to accept the involvement of non-state actors (NSAs). By examining the practices, it is concluded that NSAs involved with the ISA's activities and have contributed to decision-making and the development of regulations. Although challenges remain, the ISA seems to be moving in an effective direction. The ISA...
International Law and the Regulation of Deep Sea Bed Mining
Since J. L. Mero published his seminal work: “The Mineral Resources of the Sea”, in 1965, there has been a growing interest in the exploitation of sea bed mineral resources. Research has indicated that the ocean floor contains vast quantities of valuable minerals, including tin, diamonds, silica sands, phosphorite, manganese nodules, cobalt-rich crusts, and seafloor massive sulphides. The sheer volume of these deposits is overwhelming, especially when compared with the land-based cache of the same resources. However, the development of an effective regime for the exploitation of these newfound metals has proved a difficult problem for the international community. Firstly, nations had long since, become used to the freedom of the high seas. Nevertheless, while the medieval freedom of the seas doctrine of Hugo Grotius would certainly lead to the overexploitation of sea bed resources which had taken millions of years to accumulate, it was nonetheless, advanced by the developed countries which had the technology and the wherewithal to undertake exploration activities subsea. On the other hand, Third World nations considered it necessary to conserve these exhaustible resources for the benefit of all peoples, including present and future generations of mankind. This led to the adoption of the Common Heritage of Mankind principle affirmed by earlier treaty systems on the outer space and the arctic region, and also the establishment of an international agency to manage sea bed resources for all nations. After many years of negotiation, the Law of the Sea Convention was adopted in 1982 to provide a comprehensive framework for the oceans. It is the world charter for the exploration and exploitation of ocean resources. Sea bed mining would invariably lead to the destruction of the marine ecosystem. The discussion also undertakes an analysis of the regime for the protection of the marine environment.
Municipal legislation for exploitation of the deep seabed
Ocean Development & International Law, 1980
This study traces the evolution of municipal legislation for the deep seabed in the United States of America and the Federal Republic of Germany, and considers what the United States seeks to gain and what it may possibly lose through its recent enactment of the Deep Seabed Hard Mineral Resources Act. The study concludes that the Deep Seabed Hard Mineral Resources Act will ensure for the United States that the minerals of the deep seabed are (if they can be) available when needed, and will strengthen the negotiating position of the United States in UNCLOS III vis-a-vis a proposed seabed regime which it perceives as inefficient toward the development of manganese nodules, and unacceptable in the system of governance it promotes. Passage of the Act, it is concluded, will probably not result in a breakdown of the Law of the Sea negotiations. It is thought it will give rise to a legal challenge, the outcome of which is difficult to predict. Finally, it is asserted that political/economic opposition to the Act will be mitigated by the reasonableness of the Act, its provision for delayed implementation, and the desire of many nations to conclude a successful Law of the Sea Treaty.
The Law of the Seabed, 2020
NV reserves the right to protect the publication against unauthorized use and to authorize dissemination by means of offprints, legitimate photocopies, microform editions, reprints, translations, and secondary information sources, such as abstracting and indexing services including databases. Requests for commercial re-use, use of parts of the publication, and/or translations must be addressed to Koninklijke Brill NV. This book is printed on acid-free paper and produced in a sustainable manner.
Sustainable Seabed Mining and the Phase 1 Environmental Standards and Guidelines
Australian Yearbook of International Law, 2023
The oceans are home to a rich diversity of plant and animal life and a source of food and marine resources that drive economies. Climate change and pollution are changing ocean dynamics and the ability to support life. Seabed mining in areas beyond national jurisdiction will add to the ocean's stressors and could cause severe environmental damage. The International Seabed Authority (“ISA”) is mandated to manage access to and benefits from the seabed, its subsoil and mineral resources in areas beyond national jurisdiction (the “Area”). Although the United Nations Convention on the Law of the Sea sets out the legal framework for developing the Area and its resources, it does so in broad terms and leaves substantial gaps. These gaps include the scope of activities in the Area, the interrelationship of international obligations, the division of responsibilities between the ISA and sponsoring states, and the regulation of the mining system in situ. To partially fill these gaps, the ISA has drafted a set of “Phase 1” Standards and Guidelines under the Draft Regulations on Exploitation of Mineral Resources in the Area. This paper investigates and critiques five environmental Draft Standards from a precautionary and comparative law perspective. Phase 1 standards and guidelines should adopt a more rigorous interpretation of the precautionary principle. Additional recommendations include creating enhanced governance processes and incorporating an ecosystem-based framework for regional environmental assessments and management plans not present in Draft Standards. This research will assist academics, practitioners, governments, and the ISA with policies and strategies to enhance environmental and social protections from seabed mining.
Marine Policy, 2018
, the International Seabed Authority has issued a total of 100 mandatory requirements (published between 2011 and 2015) as guidance for potential future miners when collecting data for their environmental baseline studies during the exploration phase. An in-depth analysis of all current requirements highlights twelve themes covered by multiple requirements: methodology for seabed sampling, methodology for water column sampling, statistical evidence, spatio-temporal considerations, toxicology, modelling needs, genetic studies, species-specificity, documentation and archival storage, impact-related studies, area-based management tools, and comparison and assessment. Within each theme, the relevant requirements are compared with each other to allow a comprehensive assessment of the research effort needed to satisfy all of the 100 requirements.