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

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