Jurisdiction Over Offshore Diamond Mining

Abstract

The offshore mining of diamonds is a recent phenomenon and is growing in importance in Southern Africa. Southern African producers of diamonds are Angola, Botswana, the Democratic Republic of Congo, Namibia, and South Africa, and the diamond industry is a major contributor to the national economies of each of these countries. The diamonds are mainly produced from kimberlite mines and alluvial dredging. However, in the case of Namibia and South Africa diamond production has also been extended to marine areas with the availability of new technology. The offshore diamond mining industry is highly capital-intensive as marine diamond deposits are mined with sophisticated exploration and mining vessels to water depths of up to 200 metres. Operations are concentrated in the territorial sea and the exclusive economic zone on the continental shelf of the Atlantic Ocean. The mining companies operate within a well-established national legal framework but an ambiguity still exists as to the extent of the application of national laws over mining activities outside the territorial sea. This article is an overview of the legal regime for offshore diamond mining in Namibia and comments on the national jurisdiction over mining vessels outside the territorial sea.