Liability Under Part XI UNCLOS (Deep Seabed Mining)

Abstract

The part of the seabed and subsoil that is beyond national jurisdiction (hereafter, the Area) is regulated by Part XI of the United Nations Convention on the Law of the Sea (UNCLOS) as well as by the 1994 Implementation Agreement. The regime of deep seabed mining (DSM) in the Area foresees three phases: prospecting, exploration and exploitation. The exploration and exploitation phases involve several actors, including States, the International Seabed Authority (ISA or Authority) and private entities. Established under UNCLOS, the ISA is tasked with controlling and organising “activities in the Area, particularly with a view to administering the resources of the Area”. To date, the ISA has developed regulations related to exploration for minerals in the Area which set out the standard terms of exploration contracts as well as the requirements to apply for exploration rights. DSM in the Area is currently transitioning from the exploration phase into the exploitation phase, and the ISA is developing rules for the assessment and environmental management of future operations.