Deep Seabed Mining: Dispute Resolution Mechanisms for Non-State Actors

Abstract

Abstract This article addresses dispute resolution mechanisms which are available to non-State actors with respect to deep seabed mining. As deep seabed mining is still in the exploration phase, the dispute resolution mechanisms are yet to be tested by non-State actors. This article conducts a Vienna Convention analysis of the relevant provisions of the United Nations Convention of the Law of the Sea as well as their negotiating history to identify the types of disputes which may arise between non-State actors and the International Seabed Authority, how these disputes may be resolved, and relevant gaps in the legal framework which may act as barriers to accessing dispute resolutions mechanisms. This article confirms the link between dispute resolution mechanisms and accountability of the International Seabed Authority. Finally, this article presents arguments in respect of the potential for an administrative review body to be established by the International Seabed Authority.