The implications of alternative solutions for regulating the exploitation of seabed minerals

Abstract

Regulation of the exploitation of seabed minerals has to be considered in terms both of the technical nature of the operations and of the requirements of the supervisory body. The major issue, however, has been “Who May Exploit the Area?”. Different approaches to this question have been taken by the leading industrialized powers and by the Group of 77. Particular difficulties have arisen over: 1) the extent of the discretion to be exercised by the International Seabed Authority and the security of access of individual operators; 2) the way in which the Authority might itself engage in direct operations through an “Enterprise”; 3) the protection to be given to land-based producers against adverse consequences of seabed exploitation; and 4), the decision-making procedures of the Authority. Future events are hard to predict; but failure to produce a generally acceptable treaty could lead to significant conflict over the international seabed in the years ahead.