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ID:
178619
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| Summary/Abstract |
The obligations of state sponsorship in the exploration and exploitation of the resources in the international seabed area require states parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to control the exploration and exploitation activities of contractors through domestic legislation and the adoption of relevant administrative measures, and to ensure that contractors comply with UNCLOS and international regulations, rules, and procedures promulgated by the International Seabed Authority. The Law of the People's Republic of China on the Exploration and Exploitation of Resources in the Deep Seabed Area (DSM Law) was adopted on 26 February 2016. It is the first important legislative step that China has taken to fulfill its obligation as a sponsoring state. Given the fact that a number of the provisions in China’s DSM Law are phrased in rather general terms, the next step that China should take is to develop a comprehensive domestic legal regime for deep seabed mining under the DSM Law. Part I of this article provides an overview of China’s developing domestic legal regime for deep seabed mining. Part II proposes three principles that should be enshrined in China’s developing domestic legal regime for deep seabed mining, and Part III articulates the legal norms that underpin China’s developing domestic legal regime for deep seabed mining. Part IV delivers a critical review of current normative instruments issued under the DSM Law and proposes suggestions to revise one particular instrument, the Permit Measures, as adopted under the DSM Law.
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| 2 |
ID:
188879
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| Summary/Abstract |
The International Seabed Authority is the global international organization through which 167 member states organize and control deep seabed mining in the international seabed. In addition to allocating mining rights, the Authority elaborates, amends, and enforces rules applicable to extractive activities in the Area. However, its freedom of action vis-à-vis deep seabed mining operators is constrained by the 1982 UN Convention on the Law of the Sea (UNCLOS):contractors enjoy security of tenure, and the Authority is bound to respect obligations of nondiscrimination, proportionality, and uniform treatment. Nevertheless, those safeguards must be interpreted and applied considering the Area’s specific legal status.
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