Of those, over 2.7 million km
2 of continental shelf areas beyond 200 nm from the
coast are subject to overlapping submissions.
10
One of the reasons for the overlapping claims is the existence of living and
non-living resources on the seafloor in the disputed area. Although estimates have
suggested that 87% of the world’s known submarine oil deposits would fall within
200 nm from the baselines,
11 researchers and scientists have been working with the
possibility of a rush to the deep seas.
12 Firstly, because of the stark decline in the
availability of land-based resources worldwide, in particular the much-demanded
conventional hydrocarbon reserves. Secondly, due to the estimated vastness of
natural resources occurring on the deep seabed, both within and beyond national
jurisdiction.
On the first causation for the expected increase in deep-sea exploitation of natural
resources, specialists point to the inevitable depletion of land-based resources and
minerals, thus grounding the argument that seabed exploitation at greater depths is
inescapable, if mankind wishes to sustain ongoing life standards and economic
growth.
13 Such premise has not been without criticism. Several environmental
initiatives, such as the Deep Sea Conservation Coalition,
14 have questioned the
true need for new minerals and advocated the search not only for an alternative
and more efficient recycling schemes, but also an overall minerals reduction worldwide. For the purposes of this work, it is realistic to estimate that humankind,
immersed as we are in a capitalistic socioeconomic system, will continuously and
increasingly demand rare minerals, as well as hydrocarbons (oil and gas), until
alternate production techniques and an unlikely revolution in consumption patterns
has been achieved. Soaring need for minerals, combined with the foreseeable
depletion of land mining sites and rapid technological progress, are expected to
pose great strain on the deep ocean floor. In such a scenario, it matters most for
lawyers to understand reality and discuss legal constructs in order to anticipate and
hopefully solve societal conflicts.
A second cause for the probable near- to mid-term surge in deep-sea exploitation
relates to the speculated vastness of resource reserves of the ocean floor within
national jurisdiction. A report by the ISA has sketched a comprehensive picture of
non-living resources potential of outer continental shelves worldwide, despite the
10 See generally Van de Poll and Schofield (2010).
11 Churchill and Lowe (1999), p. 162.
12 A possible definition of “deep sea” follows the depth criterion and equals it to the seafloor deeper
than 500 m. See Study to investigate the state of knowledge of deep-sea mining, Final Report under
FWC MARE/2012/06 - SC E1/2013/04, drafted by ECORYS for the European Commission,
28 August 2014, 21–22.
13 Klare (2012), pp. 1–5.
14 According to information extracted from the organization’s website, the Deep Sea Conservation
Coalition was founded in 2004 to address the issue of bottom trawling in the high seas, in the
absence of an effective regime for the management of deep-sea fisheries in the high seas and in
response to international concerns over the harmful impacts of deep-sea bottom trawling.
Available at: http://www.savethehighseas.org/about-us/.
3.1 Enlarged Coastal State Jurisdiction Over the Continental Margin
49
2 of continental shelf areas beyond 200 nm from the
coast are subject to overlapping submissions.
10
One of the reasons for the overlapping claims is the existence of living and
non-living resources on the seafloor in the disputed area. Although estimates have
suggested that 87% of the world’s known submarine oil deposits would fall within
200 nm from the baselines,
11 researchers and scientists have been working with the
possibility of a rush to the deep seas.
12 Firstly, because of the stark decline in the
availability of land-based resources worldwide, in particular the much-demanded
conventional hydrocarbon reserves. Secondly, due to the estimated vastness of
natural resources occurring on the deep seabed, both within and beyond national
jurisdiction.
On the first causation for the expected increase in deep-sea exploitation of natural
resources, specialists point to the inevitable depletion of land-based resources and
minerals, thus grounding the argument that seabed exploitation at greater depths is
inescapable, if mankind wishes to sustain ongoing life standards and economic
growth.
13 Such premise has not been without criticism. Several environmental
initiatives, such as the Deep Sea Conservation Coalition,
14 have questioned the
true need for new minerals and advocated the search not only for an alternative
and more efficient recycling schemes, but also an overall minerals reduction worldwide. For the purposes of this work, it is realistic to estimate that humankind,
immersed as we are in a capitalistic socioeconomic system, will continuously and
increasingly demand rare minerals, as well as hydrocarbons (oil and gas), until
alternate production techniques and an unlikely revolution in consumption patterns
has been achieved. Soaring need for minerals, combined with the foreseeable
depletion of land mining sites and rapid technological progress, are expected to
pose great strain on the deep ocean floor. In such a scenario, it matters most for
lawyers to understand reality and discuss legal constructs in order to anticipate and
hopefully solve societal conflicts.
A second cause for the probable near- to mid-term surge in deep-sea exploitation
relates to the speculated vastness of resource reserves of the ocean floor within
national jurisdiction. A report by the ISA has sketched a comprehensive picture of
non-living resources potential of outer continental shelves worldwide, despite the
10 See generally Van de Poll and Schofield (2010).
11 Churchill and Lowe (1999), p. 162.
12 A possible definition of “deep sea” follows the depth criterion and equals it to the seafloor deeper
than 500 m. See Study to investigate the state of knowledge of deep-sea mining, Final Report under
FWC MARE/2012/06 - SC E1/2013/04, drafted by ECORYS for the European Commission,
28 August 2014, 21–22.
13 Klare (2012), pp. 1–5.
14 According to information extracted from the organization’s website, the Deep Sea Conservation
Coalition was founded in 2004 to address the issue of bottom trawling in the high seas, in the
absence of an effective regime for the management of deep-sea fisheries in the high seas and in
response to international concerns over the harmful impacts of deep-sea bottom trawling.
Available at: http://www.savethehighseas.org/about-us/.
3.1 Enlarged Coastal State Jurisdiction Over the Continental Margin
49