99
• States among the greatest investors for the preparation and implementation of
activities in the Area (four States out of eight to be elected). Here clarification is
necessary for France, which is a member of the Council based on this provision
of the Convention. This is the direct effect of the extent of French investments
many years before the Authority was established. There is also the will of certain
investor States, which joined in later, to modify this classification and we cannot rule out the possibility that one day, with French investments (in particular
public investments) lagging, France may no longer be on the Council as part of
this “investment-based college”.
• States considered among the main mineral exporters for their national jurisdiction and for minerals extracted from the Area (four States to be elected, including
two developing States).
• Developing States representing special interests (six States to be elected from
among States with large populations, States which are land-locked or geographically disadvantaged and least developed States).
• Finally, half of the Council, i.e. 18 members, elected according to the more classic principle of ensuring an equitable geographical distribution, based on geographical regions (Africa, Asia, Eastern Europe, Latin America, Western Europe
and other States including non-European Western States). Each geographical
region shall have at least one representative.
The Council members are elected for a 4-year period.
This analysis of the Council’s composition fairly clearly indicates why it is the
executive organ of the authority, gathering economic interests through the qualification of its members, and political expression by applying the usual legal rules in
force in the system of international organisations. Here again, to cite an example
of the Council’s pre-eminence, in the event of disagreement of the Assembly on a
Council recommendation, the Assembly cannot make the decision and must refer
it back to the Council for re-examination in light of its views. Nothing is said on
the right to the “last word” and, given the Council’s composition, it is not difficult
to see that this lies within its bounds, even if the legal and diplomatic arrangement
remains to be established.
Towards an International Mining Code
Two sets of regulations have been adopted over the past decade: in 2000, Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area and in
2010 Regulations on Prospecting and Exploration for Polymetallic Sulphides in
the Area. Without entering into the details of each of these sets of regulations, it
is worth highlighting the elements common to both of them, where they express
the same fundamental data on the common heritage of mankind developed into a
pragmatic mining law.
The two sets of regulations involve an application presented in two parts of estimated equal value of the area to be explored; one part must allow a sector to be set
6 International Law and Its Evolution
• States among the greatest investors for the preparation and implementation of
activities in the Area (four States out of eight to be elected). Here clarification is
necessary for France, which is a member of the Council based on this provision
of the Convention. This is the direct effect of the extent of French investments
many years before the Authority was established. There is also the will of certain
investor States, which joined in later, to modify this classification and we cannot rule out the possibility that one day, with French investments (in particular
public investments) lagging, France may no longer be on the Council as part of
this “investment-based college”.
• States considered among the main mineral exporters for their national jurisdiction and for minerals extracted from the Area (four States to be elected, including
two developing States).
• Developing States representing special interests (six States to be elected from
among States with large populations, States which are land-locked or geographically disadvantaged and least developed States).
• Finally, half of the Council, i.e. 18 members, elected according to the more classic principle of ensuring an equitable geographical distribution, based on geographical regions (Africa, Asia, Eastern Europe, Latin America, Western Europe
and other States including non-European Western States). Each geographical
region shall have at least one representative.
The Council members are elected for a 4-year period.
This analysis of the Council’s composition fairly clearly indicates why it is the
executive organ of the authority, gathering economic interests through the qualification of its members, and political expression by applying the usual legal rules in
force in the system of international organisations. Here again, to cite an example
of the Council’s pre-eminence, in the event of disagreement of the Assembly on a
Council recommendation, the Assembly cannot make the decision and must refer
it back to the Council for re-examination in light of its views. Nothing is said on
the right to the “last word” and, given the Council’s composition, it is not difficult
to see that this lies within its bounds, even if the legal and diplomatic arrangement
remains to be established.
Towards an International Mining Code
Two sets of regulations have been adopted over the past decade: in 2000, Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area and in
2010 Regulations on Prospecting and Exploration for Polymetallic Sulphides in
the Area. Without entering into the details of each of these sets of regulations, it
is worth highlighting the elements common to both of them, where they express
the same fundamental data on the common heritage of mankind developed into a
pragmatic mining law.
The two sets of regulations involve an application presented in two parts of estimated equal value of the area to be explored; one part must allow a sector to be set
6 International Law and Its Evolution