Problematic Issues and Considerations

Abstract

The fact that international rules and national legislation have been established to govern deep sea mining activities does not mean that the legal framework on deep sea mining is flawless and final. The fourth chapter discusses a number of problematic issues and pertinent considerations concerning the various legal frameworks on deep sea mining. First of all, it should be evaluated whether the deep sea mining regime applicable to the Area is well-aligned with the one governing the same activities on the continental shelf (Sect. 4.1). Second, considering the decisive role of the Law of the Sea Convention with regard to regulating deep sea mining activities in the Area and delineating the continental shelf, it is important to analyze the status and options of non-states parties (Sect. 4.2). Third, given the involvement of sponsoring states within the context of deep sea mining in the Area, the possibility of forum shopping should be assessed (Sect. 4.3). Fourth, it should be evaluated to what extent provisions on transparency and public participation are embedded in this myriad of legal instruments and whether this is sufficient (Sect. 4.4). Finally, the same should be done with regard to traditional visions and dimensions of seabed resource management, in order to check whether these elements are duly taken into account in the relevant legal frameworks (Sect. 4.5).