In a landmark Advisory Opinion, ITLOS has confirmed that anthropogenic greenhouse gas emissions in the marine environment are a form of pollution for the purposes of UNCLOS. We consider the key findings of the Opinion and its relevance for the deep seabed mining sector.
This article explains how UNCLOS requires States to meet or exceed the standards being set by the International Seabed Authority in relation to pollution control and considers what this might mean for the regulation of seabed activities by States.
Deep seabed mining contractors and Sponsoring States have several compulsory and binding dispute settlement options to enforce their rights and protect their investments under UNCLOS. Such options are critical to ensure that the International Seabed Authority and its member States comply with their legal obligations under UNCLOS.
This article outlines the rights of Contractors under UNCLOS, discusses the role of customary international law and highlights important considerations Contractors should keep in mind as negotiations at the International Seabed Authority progress.
The International Seabed Authority failed to meet its July 2023 deadline to adopt regulations on the exploitation of deep seabed mineral resources. This article outlines the key legal rights of Sponsoring States under UNCLOS and highlights important considerations Sponsoring States should keep in mind as discussions continue on the development of the Authority’s regulatory regime for exploitation.
As the International Seabed Authority concluded Part II of its 28th Session, a number of member States continue to call for a “precautionary pause” on deep seabed mining activities. This article examines this proposal and potential legal issues should it go ahead.
The International Seabed Authority is central to the regulation of deep seabed mining. This article provides an introduction to the Authority and its decision-making processes, and the ability of stakeholders such as prospective contractors to contribute to its work.
The International Seabed Authority is facing a key deadline in July 2023 when it is due to adopt regulations on the exploitation of deep seabed mineral resources. This article outlines the key legal issues for the July session and implications for Sponsoring States, contractors and investors with an interest in deep seabed mining.