Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the International Seabed Area, Statement on Behalf of IUCN - International Union for Conservation of Nature Submitted to Seabed Disputes Chamber of ITLOS
44 Pages
Posted: 9 Sep 2010
Last revised: 13 Nov 2015
Rutgers University; Rutgers, The State University of New Jersey - School of Law, Camden
Griffith University - Griffith Law School
University of Ghent - Department of International Law; Lincoln University - Department of Environmental Management
National University of Singapore (NUS) - Centre for International Law; Australian National Centre for Ocean Resources and Security
Date Written: 2010
Abstract
The Seabed Disputes Chamber of the International Tribunal for the Law of the Sea has been asked to give an Advisory Opinion regarding the responsibility and obligations of a State that sponsors persons or entities to undertake prospecting in the International Seabed Area; the extent of a State's liability for any failure to comply with relevant obligations by the sponsored person or entity; and the necessary and appropriate measures that the State must undertake to fulfill its responsibility.
This submission to the Chamber discusses the State's obligations of due diligence, the relevance of state responsibility, the need to ensure that there is not a gap in liability, and a number of measures called for by the Law of the Sea Convention and other relevant international law. The statement was prepared by four members of the IUCN - Commission on Environmental Law, Oceans Specialist Group.
Keywords: Deep Seabed, Law of the Sea, Environmental Liability, Common Heritage of Mankind
Suggested Citation:
Suggested Citation
Payne, Cymie R. and Anton, Don and Makgill, Robert A. and Lyons, Youna, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the International Seabed Area, Statement on Behalf of IUCN - International Union for Conservation of Nature Submitted to Seabed Disputes Chamber of ITLOS (2010). UC Berkeley Public Law Research Paper No. 1673587. Available at SSRN: https://ssrn.com/abstract=1673587 or http://dx.doi.org/10.2139/ssrn.1673587
