kind as a whole
2 while also ensuring the effective protection for the marine environment from harmful effects which may arise from such activities.
3 To deliver on
its environmental protection mandate, the ISA must adopt appropriate
rules, regulations and procedures for inter alia: the control of pollution and other
hazards to the marine environment, the prevention of interference with the ecological
balance of the marine environment, the conservation of the natural resources of
the Area, and the prevention of damage to the living resources of the marine
environment.
4
The ISA carries out its environmental duties through several internal decisionmaking organs: (1) the Assembly (comprising all States signatory to UNCLOS);
(2) the Council (comprising a subset of 36 States elected by the Assembly); and
(3) the Legal and Technical Commission (‘LTC’) (currently 30 experts appointed in
an individual capacity by the Council). The LTC engages in the initial development
of environmental rules, regulations and procedures with respect to exploration and
exploitation, and forwards them to the Council for review and approval. In turn, the
Council recommends an approved package of rules to the Assembly for final
adoption. The Assembly has ultimate power to take general policy decisions for
the ISA, including the power to adopt the regulations regarding environmental
standards for exploration and exploitation recommended to it by the Council. All
of this work is facilitated and supported by the ISA Secretariat, which is governed by
the ISA Secretary General.
Applications for contracts (in the form of ‘plans of work’) are reviewed by the
LTC, who then pass to the Council an appropriate recommendation.
5 UNCLOS
specifies that contracts can be awarded only to companies that are States parties or
entities, or are sponsored by the State of the company’s nationality or which
otherwise exercises ‘effective control’ over the contractor.
6 Between 2001 and
2019, a total of 30 exploration contracts were issued by the ISA; each of them
remain in force. These contracts cover three different types of deposits (18 for
nodules, 7 for seafloor massive sulphides, and 5 for cobalt-rich crusts).
7 The
2 Art. 140, UNCLOS.
3 Art. 145, UNCLOS.
44 Arts 145 and 209, Annex III, Art. 3, of UNCLOS; and Annex, section 1(5)(g) of 1994
Agreement.
5 Art. 165(2)(b), UNCLOS.
6 Art. 153, UNCLOS.
7 See https://www.isa.org.jm/deep-seabed-minerals-contractors.
334
H. Lily and S. E. Roady
2 while also ensuring the effective protection for the marine environment from harmful effects which may arise from such activities.
3 To deliver on
its environmental protection mandate, the ISA must adopt appropriate
rules, regulations and procedures for inter alia: the control of pollution and other
hazards to the marine environment, the prevention of interference with the ecological
balance of the marine environment, the conservation of the natural resources of
the Area, and the prevention of damage to the living resources of the marine
environment.
4
The ISA carries out its environmental duties through several internal decisionmaking organs: (1) the Assembly (comprising all States signatory to UNCLOS);
(2) the Council (comprising a subset of 36 States elected by the Assembly); and
(3) the Legal and Technical Commission (‘LTC’) (currently 30 experts appointed in
an individual capacity by the Council). The LTC engages in the initial development
of environmental rules, regulations and procedures with respect to exploration and
exploitation, and forwards them to the Council for review and approval. In turn, the
Council recommends an approved package of rules to the Assembly for final
adoption. The Assembly has ultimate power to take general policy decisions for
the ISA, including the power to adopt the regulations regarding environmental
standards for exploration and exploitation recommended to it by the Council. All
of this work is facilitated and supported by the ISA Secretariat, which is governed by
the ISA Secretary General.
Applications for contracts (in the form of ‘plans of work’) are reviewed by the
LTC, who then pass to the Council an appropriate recommendation.
5 UNCLOS
specifies that contracts can be awarded only to companies that are States parties or
entities, or are sponsored by the State of the company’s nationality or which
otherwise exercises ‘effective control’ over the contractor.
6 Between 2001 and
2019, a total of 30 exploration contracts were issued by the ISA; each of them
remain in force. These contracts cover three different types of deposits (18 for
nodules, 7 for seafloor massive sulphides, and 5 for cobalt-rich crusts).
7 The
2 Art. 140, UNCLOS.
3 Art. 145, UNCLOS.
44 Arts 145 and 209, Annex III, Art. 3, of UNCLOS; and Annex, section 1(5)(g) of 1994
Agreement.
5 Art. 165(2)(b), UNCLOS.
6 Art. 153, UNCLOS.
7 See https://www.isa.org.jm/deep-seabed-minerals-contractors.
334
H. Lily and S. E. Roady