Download this Paper Open PDF in Browser

Advisory Opinion on Responsibility and Liability for International Seabed Mining (ITLOS Case No. 17): International Environmental Law in the Seabed Disputes Chamber

Environmental Policy and Law, Forthcoming

ANU College of Law Research Paper No. 11-06

13 Pages Posted: 24 Mar 2011 Last revised: 13 Nov 2015

Don Anton

Griffith University - Griffith Law School

Robert A. Makgill

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

Cymie R. Payne

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

Date Written: March 23, 2011

Abstract

On 1 February 2011, the Seabed Disputes Chamber (“the Chamber”) delivered its first Advisory Opinion. The Opinion provides useful guidance to the international community concerned with the deep seabed. First and foremost, the Chamber accomplished its task to assist the ISA with independent and impartial judicial interpretation of the Convention and related instruments. States that intend to extract valuable resources now know that they must evaluate their legal codes, administrative capacity, and their judicial enforcement mechanisms to determine where they fall short of the standards that the Chamber has identified. For most states it will be necessary to introduce new laws to provide the requisite rules, regulations and procedures. Entities seeking sponsorship will likely wish to work with these governments to develop a workable regime. Other entities, such as those interested in scientific research, other economic uses, and protection of the ocean and seabed resources, will want to assist with this process to ensure that their interests are respected and that developing states are given assistance to develop appropriate laws and enforcement capacity. Finally, the limitations and gaps in the Convention’s liability scheme have now been identified and await the international legal community’s attention.

Suggested Citation

Anton, Don and Makgill, Robert A. and Payne, Cymie R., Advisory Opinion on Responsibility and Liability for International Seabed Mining (ITLOS Case No. 17): International Environmental Law in the Seabed Disputes Chamber (March 23, 2011). Environmental Policy and Law, Forthcoming; ANU College of Law Research Paper No. 11-06. Available at SSRN: https://ssrn.com/abstract=1793216

Donald K. Anton (Contact Author)

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

Cymie R. Payne

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

Paper statistics

Downloads
826
Rank
23,351
Abstract Views
2,646