Chapter 18
Regulating the Common Heritage
of Mankind: Challenges in Developing
a Mining Code for the Area
Hannah Lily and Stephen E. Roady
Abstract The International Seabed Authority has a challenging dual role: to
develop the mineral resources of the seabed beyond national jurisdiction, whilst
also protecting and preserving the marine environment from the effects of seabed
mining. Setting rules, regulations and procedures for environmental management
will be a key means of discharging that responsibility. This chapter identifies where
there appear to be gaps within the current system, with particular attention to
environmental impact assessment procedures. The authors consider the new exploitation regulations currently under negotiation, and identify opportunities to bolster
such rules better to enable the International Seabed Authority to meet its environmental protection mandate.
1 Introduction
The UN Convention on the Law of the Sea (‘UNCLOS’) gives the International
Seabed Authority (‘ISA’) a dual role. The ISA is required to develop the seabed lying
beyond national jurisdiction (‘the Area’)
1 and its resources for the benefit of manThe authors would like to thank the following individuals for review and comments on earlier drafts
of this chapter: Dr. Chilenye Nwapi, Ms. Alison Swaddling and Dr. Daniel Wilde of the
Commonwealth Secretariat; Professor Neil Craik of University of Waterloo; and Andrew
Friedman of The Pew Charitable Trusts.
Views expressed herein are not necessarily representative of the views of The Pew Charitable
Trusts.
1 Art. 1(1), UNCLOS.
H. Lily (*)
The Pew Charitable Trusts, London, UK
S. E. Roady
Duke University, School of Law, Durham, NC, USA
e-mail: steve.roady@duke.edu
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_18
333
Regulating the Common Heritage
of Mankind: Challenges in Developing
a Mining Code for the Area
Hannah Lily and Stephen E. Roady
Abstract The International Seabed Authority has a challenging dual role: to
develop the mineral resources of the seabed beyond national jurisdiction, whilst
also protecting and preserving the marine environment from the effects of seabed
mining. Setting rules, regulations and procedures for environmental management
will be a key means of discharging that responsibility. This chapter identifies where
there appear to be gaps within the current system, with particular attention to
environmental impact assessment procedures. The authors consider the new exploitation regulations currently under negotiation, and identify opportunities to bolster
such rules better to enable the International Seabed Authority to meet its environmental protection mandate.
1 Introduction
The UN Convention on the Law of the Sea (‘UNCLOS’) gives the International
Seabed Authority (‘ISA’) a dual role. The ISA is required to develop the seabed lying
beyond national jurisdiction (‘the Area’)
1 and its resources for the benefit of manThe authors would like to thank the following individuals for review and comments on earlier drafts
of this chapter: Dr. Chilenye Nwapi, Ms. Alison Swaddling and Dr. Daniel Wilde of the
Commonwealth Secretariat; Professor Neil Craik of University of Waterloo; and Andrew
Friedman of The Pew Charitable Trusts.
Views expressed herein are not necessarily representative of the views of The Pew Charitable
Trusts.
1 Art. 1(1), UNCLOS.
H. Lily (*)
The Pew Charitable Trusts, London, UK
S. E. Roady
Duke University, School of Law, Durham, NC, USA
e-mail: steve.roady@duke.edu
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_18
333