African States: The System of Mining of the Common Heritage of Mankind Resources in the Area

Abstract

This chapter focuses on the system of mining of the CHM resources in the Area. It starts by looking at the system of exploration and exploitation of the seabed within national jurisdiction beyond 200 nautical miles. While strictly speaking this is not part of the Area, the peculiar nature of this part of the seabed, involving a role for the ISA (the custodian of the Area and the resources therein that are CHM) under Art. 82 of the LOSC 1982, makes it necessary to also examine the system of mining operations in this part of the sea. It has been said that this article in essence provides for the application of the CHM in the seabed beyond 200 nautical miles, though this is a maritime zone within national jurisdiction.1 Thereafter, the chapter will examine the peculiar system of mining in the Area “proper” involving the parallel system, the contributions of African states to this and some possible effect on such states. In addition, the chapter will scrutinise the Mining Code 2000 and its impact on African participation in seabed mining in the Area will be considered. Finally, the negotiations leading to the recently adopted Regulations to govern the Prospecting and Exploration of Polymetallic Sulphides 2010, as well as the ongoing negotiations at the ISA on the Regulations for Prospecting and Exploration of Cobalt-rich Ferromanganese Crusts and some possible implications for African states will also be briefly examined.