The International Seabed Authority (ISA) was established to administer Part XI
of UNCLOS. Specifically, the ISA is responsible for regulation and governance of
the exploration and exploitation of minerals resources found in the seabed and its
subsoil in areas beyond national jurisdiction (otherwise known as the ‘Area’) which
have been declared common heritage of mankind.
3 More importantly, the ISA stands
out compared to other international organizations because it has the mandate to
adopt (and enforce) procedures, rules and regulations as well as to enter into legally
binding contractual obligations with State sponsored operators conducting activities
in the area.
4 Concerning the protection of the marine environment, the ISA has the
obligation to adopt necessary measures ‘to ensure effective protection for the marine
environment from harmful effects which may arise from (activities in the Area)’.
5 In
the course of its development of mining regulations and non-binding recommendations and guidelines for contractors, the ISA has particularly paid close attention to
managing the environmental impacts of deep seabed mining activities as it moves
closer towards commencing large-scale commercial mining.
6
In executing its mandate to develop the resources of the Area, the ISA is obliged
to comply with the provisions of UNCLOS and the Agreement Relating to the
Implementation of Part XI of UNCLOS 1994, as well as established and emerging
norms of international environmental law such as environmental impact assessments, the precautionary approach, ecosystems-based management and adaptive
management.
7 A key subsidiary organ within the ISA set-up is the Legal and
Technical Commission (LTC), which serves as the expert advisory body to the
Council (which is the executive organ of the ISA). The LTC is charged with a
wide range of vital duties, including to consider and make recommendations to the
Council on whether or not a particular application to explore or exploit deep seabed
minerals in the Area should be granted and to draft rules, regulations and procedures
to govern the entire regime.
The second body established by UNCLOS is the Commission on the Limits of the
Continental Shelf (CLCS). It is created through Annex II of UNCLOS and serves
the narrow and specific function of making recommendations based on submissions
by coastal States claiming a continental shelf beyond 200 nautical miles under
Article 76 of UNCLOS. As this has a bearing on what actually belongs to the
‘Area’ and is therefore subjected to the mandate of the ISA and the common heritage
of mankind,
8 the function of the CLCS is indeed a pivotal one. It should be noted
that, unlike the ISA, the CLCS is not a full-fledged international organization with a
complex institutional structure. Rather, the CLCS consists of a group of some 21
3 Art. 136, UNCLOS.
4 Markus and Singh (2016).
5 Art. 145, UNCLOS.
6 Rothwell and Stephens (2016), pp. 20–21.
7 Jaeckel (2017), Lodge (2015a, b), Makgill and Linhares (2016) and Wedding et al. (2013).
8 Franckx (2010).
3 International Organizations and the Protection of the Marine Environment
39
of UNCLOS. Specifically, the ISA is responsible for regulation and governance of
the exploration and exploitation of minerals resources found in the seabed and its
subsoil in areas beyond national jurisdiction (otherwise known as the ‘Area’) which
have been declared common heritage of mankind.
3 More importantly, the ISA stands
out compared to other international organizations because it has the mandate to
adopt (and enforce) procedures, rules and regulations as well as to enter into legally
binding contractual obligations with State sponsored operators conducting activities
in the area.
4 Concerning the protection of the marine environment, the ISA has the
obligation to adopt necessary measures ‘to ensure effective protection for the marine
environment from harmful effects which may arise from (activities in the Area)’.
5 In
the course of its development of mining regulations and non-binding recommendations and guidelines for contractors, the ISA has particularly paid close attention to
managing the environmental impacts of deep seabed mining activities as it moves
closer towards commencing large-scale commercial mining.
6
In executing its mandate to develop the resources of the Area, the ISA is obliged
to comply with the provisions of UNCLOS and the Agreement Relating to the
Implementation of Part XI of UNCLOS 1994, as well as established and emerging
norms of international environmental law such as environmental impact assessments, the precautionary approach, ecosystems-based management and adaptive
management.
7 A key subsidiary organ within the ISA set-up is the Legal and
Technical Commission (LTC), which serves as the expert advisory body to the
Council (which is the executive organ of the ISA). The LTC is charged with a
wide range of vital duties, including to consider and make recommendations to the
Council on whether or not a particular application to explore or exploit deep seabed
minerals in the Area should be granted and to draft rules, regulations and procedures
to govern the entire regime.
The second body established by UNCLOS is the Commission on the Limits of the
Continental Shelf (CLCS). It is created through Annex II of UNCLOS and serves
the narrow and specific function of making recommendations based on submissions
by coastal States claiming a continental shelf beyond 200 nautical miles under
Article 76 of UNCLOS. As this has a bearing on what actually belongs to the
‘Area’ and is therefore subjected to the mandate of the ISA and the common heritage
of mankind,
8 the function of the CLCS is indeed a pivotal one. It should be noted
that, unlike the ISA, the CLCS is not a full-fledged international organization with a
complex institutional structure. Rather, the CLCS consists of a group of some 21
3 Art. 136, UNCLOS.
4 Markus and Singh (2016).
5 Art. 145, UNCLOS.
6 Rothwell and Stephens (2016), pp. 20–21.
7 Jaeckel (2017), Lodge (2015a, b), Makgill and Linhares (2016) and Wedding et al. (2013).
8 Franckx (2010).
3 International Organizations and the Protection of the Marine Environment
39