{"title":"The Regulatory Powers of the International Seabed Authority: Security of Tenure and Its Limits","authors":"A. Pecoraro","doi":"10.1080/00908320.2022.2159898","DOIUrl":null,"url":null,"abstract":"Abstract The International Seabed Authority is the global international organization through which 167 member states organize and control deep seabed mining in the international seabed. In addition to allocating mining rights, the Authority elaborates, amends, and enforces rules applicable to extractive activities in the Area. However, its freedom of action vis-à-vis deep seabed mining operators is constrained by the 1982 UN Convention on the Law of the Sea (UNCLOS):contractors enjoy security of tenure, and the Authority is bound to respect obligations of nondiscrimination, proportionality, and uniform treatment. Nevertheless, those safeguards must be interpreted and applied considering the Area’s specific legal status.","PeriodicalId":45771,"journal":{"name":"Ocean Development and International Law","volume":"32 1","pages":"377 - 402"},"PeriodicalIF":1.3000,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Ocean Development and International Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1080/00908320.2022.2159898","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
引用次数: 1
Abstract
Abstract The International Seabed Authority is the global international organization through which 167 member states organize and control deep seabed mining in the international seabed. In addition to allocating mining rights, the Authority elaborates, amends, and enforces rules applicable to extractive activities in the Area. However, its freedom of action vis-à-vis deep seabed mining operators is constrained by the 1982 UN Convention on the Law of the Sea (UNCLOS):contractors enjoy security of tenure, and the Authority is bound to respect obligations of nondiscrimination, proportionality, and uniform treatment. Nevertheless, those safeguards must be interpreted and applied considering the Area’s specific legal status.
期刊介绍:
Ocean Development and International Law is devoted to all aspects of international and comparative law and policy concerning the management of ocean use and activities. It focuses on the international aspects of ocean regulation, ocean affairs, and all forms of ocean utilization. The journal publishes high quality works of scholarship in such related disciplines as international law of the sea, comparative domestic ocean law, political science, marine economics, geography, shipping, the marine sciences, and ocean engineering and other sea-oriented technologies. Discussions of policy alternatives and factors relevant to policy are emphasized, as are contributions of a theoretical and methodological nature.