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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

Cymie R. Payne

Rutgers University; Rutgers, The State University of New Jersey - School of Law, Camden

Don Anton

Griffith University - Griffith Law School

Robert A. Makgill

University of Ghent - Department of International Law; Lincoln University - Department of Environmental Management

Youna Lyons

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

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

Cymie R. Payne (Contact Author)

Rutgers University ( email )

55 Dudley Rd
New Brunswick, NJ 08901
United States

HOME PAGE: http://www.cymiepayne.org

Rutgers, The State University of New Jersey - School of Law, Camden

Camden, NJ
United States

Donald K. Anton

Griffith University - Griffith Law School ( email )

Kessels Road, Law Bldg (N61)
Nathan, QLD, 4111
Australia
+61.7.3735.8480 (Phone)

Robert A. Makgill

University of Ghent - Department of International Law ( email )

Universiteitstraat 4
Ghent, 9000
Belgium

HOME PAGE: http://www.nsenvironmentallaw.com

Lincoln University - Department of Environmental Management

New Zealand

HOME PAGE: http://www.nsenvironmentallaw.com

Youna Lyons

National University of Singapore (NUS) - Centre for International Law ( email )

Block B, #02-01
469 Bukit Timah Road
Singapore, 259776
Singapore

Australian National Centre for Ocean Resources and Security ( email )

University of Wollongong
Wollongong, NSW 2500
Australia

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