Limits Of National Jurisdiction Research Articles

Regional Environmental Cooperation on Transboundary Air Pollution in the Middle East and North Africa

Regional Environmental Cooperation on Transboundary Air Pollution in the Middle East and North Africa Inkyoung Kim (bio) Introduction1 Since the United Nations Conference on the Human Environment in 1972, international communities have endeavored to clarify the right and responsibility of states regarding transboundary pollution. Principle 21 of the 1972 Declaration at this Conference stated that countries have "the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction."2 Europe has been successful in tackling transboundary air pollution through the Convention on Long-range Transboundary Air Pollution in 1979. Furthermore, the Agenda 21 of the 1992 Declaration of the United Nations Conference on Environment and Development urged European countries to share their successful experiences with other regional communities to help them solve transboundary pollution issues. Have European experiences on transboundary air pollution been shared [End Page 1] with the Middle East and North Africa (MENA) region? What are the main sources of transboundary air pollution in MENA? To address those issues, what kinds of cooperative mechanisms have been created in this region? While many studies have attempted to tease out the motivations, success, and limitations of European regional environmental cooperation, regional environmental cooperation in MENA has been understudied. This study aims to investigate regional environmental cooperation in MENA, focusing on transboundary air pollution. Transboundary Pollution Most pollution problems are caused by local or regional sources, but pollution does not stay within and stop at national borders. It can travel by air or water thousands of miles. Transboundary flows of pollutants occur among countries in the same region as well as between continents. The United Nations (UN) defines transboundary pollution as "pollution that originates in one country but, by crossing the border through pathways of water or air, is able to cause damage to the environment in another country."3 More specifically, the United Nations Economic Commission for Europe (UNECE) defines transboundary air pollution as "air pollution whose physical origin is situated wholly or in part within the area under the national jurisdiction of one State and which as adverse effects in the area under the jurisdiction of another State at such a distance that it is not generally possible to distinguish the contribution of individual emission sources or groups of sources" in Article 1 of the 1979 Convention on Long-range Transboundary Air Pollution.4 It is known that some air pollutants circulate even globally and deposit on land and water bodies far from their original sources.5 Acid rain problems in Europe have led 51 countries to adopt the Convention on the Long-range Transboundary Air Pollution and various numbers of countries to ratify eight protocols on the reduction of sulfur, nitrogen oxides, volatile organic compounds, persistent organic pollutants, and ozone emissions since 1979.6 East Asia has also addressed acid rain [End Page 2] and dust sandstorms since the 1990s. As the Sahara Desert in North Africa and the whole region of the Middle East are the two hot spots of primary dust storms around the world, it is important to understand what the main sources of dust storms are and if MENA has developed any significant cooperative mechanisms to tackle transboundary impact of dust storms originated in this region. MENA Different entities identify the MENA region differently. For example, the World Bank identifies MENA as one of six regions of the world.7 It classifies the 19 countries or territories as part of the Middle East and North Africa, including Algeria, Bahrain, Djibouti, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, West Bank and Gaza, and Yemen.8 The OECD does not include Iran but does include Mauritania and Palestinian Authority instead of West Bank and Gaza. The UN does not identify MENA as one of its five regional groups.9 Its agencies and programs define the MENA region differently and sometimes contradictorily. For instance, United Nations Environment Programme has six regional offices including Africa, Asia Pacific, Europe, Latin American and the Caribbean, North America, and West Asia. The regional office for Africa covers the entire African continent...

Bioleaching Test of Polymetallic Nodule Samples from the IOM Exploration Area

The Interoceanmetal Joint Organization’s (IOM) exploration license is granted in the area located within the Clarion–Clipperton Zone of the Eastern Central Pacific. All activities related to exploration of minerals in this area are beyond the limits of national jurisdiction and come under the provision of the United Nations Convention on the Law of the Sea and related regulations. The geological survey, which was the subject of the exploration, focused on the polymetallic nodule deposits. Other activities covered the tests of nodule processing, including alternative methods of metal extraction. This article describes the methodology of the bioleaching process and provides a summary of the initial results of the bioleaching test, applied to the samples of polymetallic nodules taken from the H22 exploration block of the IOM exploration area. The bioleaching efficiency under different pulp density conditions was studied. The enrichment of heterotrophic Mn-reducing microorganisms was prepared as the leaching medium. Bioleaching of the samples took place with different sample weights in order to determine the maximum possible extraction yield and the highest concentration of elements obtained in the leachate. During the bioleaching, the media were also exchanged to achieve maximum polymetallic nodule decomposition with regular addition of nutrients for heterotrophic Mn-reducing bacteria. The bioleaching efficiency of the polymetallic nodules increased to 100% (without Cu) when the pulp density was reduced to 0.1% (w/v). The discontinuous bioleaching and washing process recovered 55% Mn, 36% Ni, 15% Co, 27% Zn, and 38% Cu when the pulp density was increased to 10% (w/v). To achieve total Mn, Cu, Zn, Co, and Ni recovery from the polymetallic nodules, an intermittent bioleaching with about 25 changes of 60% of the medium was required when the pulp density was increased to 10% (w/v). Bioleaching has the potential to be used as an environmentally friendly alternative to other commonly used options for leaching and processing.

Assessing the feasibility of deep-seabed mining of polymetallic nodules in the Area of seabed and ocean floor beyond the limits of national jurisdiction, as a method of alleviating supply-side issues for cobalt to US markets

The growing importance of cobalt to the US economy has led to its categorisation as a critical mineral. Cobalt demand is increasing due to its requirement in lithium-ion batteries, which will significantly contribute to the energy transition. Supply is threatened for various reasons, primarily regarding supply chain concentrations, with the majority of the world’s cobalt originating in terrestrial deposits in the Democratic Republic of the Congo, and being refined in China. There remain environmental and ethical concerns over the present supply chain. Previous discussions around reducing cobalt’s criticality have suggested diversifying processing locations to reduce geographical and jurisdictional reliance where possible. This study assesses the viability of extracting cobalt from polymetallic nodules (PMNs) located on the deep-seabed in the Area, as an alternative strategy to reduce cobalt’s criticality. Assessments are made of the viability of PMN extraction considering ongoing barriers to introduction, contrasted with current arguments supporting PMN extraction. PMN mining offers a more stable and decentralised alternative to current cobalt supply. There exist impediments to its introduction, notably potential environmental impacts, which remain poorly understood. Technical and political restrictions must also be overcome. It is argued that the wider environmental benefits of increased cobalt supply from PMN mining may offset its detrimental environmental impacts. It is suggested that PMN mining be used in a wider strategy to improve supply security of cobalt to US markets.

Towards an Ecosystem Approach to Management in Areas Beyond National Jurisdiction: REMPs for Deep Seabed Mining and the Proposed BBNJ Instrument

The ocean plays a key role in sustaining life on our planet and is inextricably linked to biodiversity, climate, human well-being, and health. However, the governance of the ocean is primarily pursued through sectoral-based legal and institutional frameworks that falls short in ensuring the long-term protection of the marine environment and the sustainability of marine resources. This is especially concerning in areas beyond the limits of national jurisdiction (ABNJ) where human activities continue to expand. The existence of two distinct regimes in ABNJ, namely the High Seas (applicable to the water column, which is a global common) and the Area (applicable to the international seabed and its mineral resources, which are the common heritage of mankind), that have been largely regulated separately, impede the development and implementation of integrated marine environmental governance and biodiversity conservation in ABNJ. On the one hand, the International Seabed Authority (ISA), which is mandated to administer the mineral resources of the Area, is currently discussing a set of regulations to enable future exploitation activities. On the other hand, multilateral negotiations are taking place for the development of an internationally legally binding instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (referred to as the proposed ‘BBNJ’ Instrument). Both processes offer a unique opportunity to foster an ecosystem approach to management (EAM) in ABNJ. In this article, we elaborate on options for stronger governance integration and the development of a coherent and collaborative interplay between these two processes. To this end, we explore the potential of Regional Environmental Management Plans (REMPs) established by the ISA as a case study to contribute to global biodiversity conservation, and the opportunity for the proposed BBNJ Instrument to promote overarching coherence to biodiversity conservation in ABNJ, premised on EAM. We conclude that the proposed BBNJ Instrument could have a pivotal role to streamline multilateral action for the conservation of biodiversity in ABNJ by adopting an ambitious, overarching environmental vision and strategic goals, accompanied by strong implementation and enforcement mechanisms.

Towards a legal regime of benefits sharing for space mining: With some experience from the Area

As space resources have stimulated significant interest among governmental and private entities in recent years and the potential for benefits from Space Mining (SM) seems more tangible, determining how to share them requires clear international governance. Current space law does not specifically address benefit-sharing, and substantial disagreement remains among States whose levels of economic and scientific development differ. A similar issue existed in the negotiation of benefits from other common areas, such as the deep seabed. This article addresses the regime for sharing the benefits from SM and the corresponding regime of the Area, namely the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. In view of the current legal, political and commercial context, the article suggests that the regime for sharing the future benefits from SM should be voluntary and mutually acceptable based on a free-market approach while considering the interests of developing States. It also proposes a specific mode of such a regime based on three elements: (a) the form of the benefits, (b) the resource categories, and (c) the development stages. The study concludes that the present focus should be on collaborative development of technology to facilitate SM for the common benefit and interests of humankind.

The international legal regime of marine genetic resources. Current status and problems

The object of research of this article is interstate relations in the field of legal regulation of the use of marine genetic resources. The author presents a detailed analysis of the concept of "marine genetic resources", draws a distinction with other similar concepts used in international legal acts. The current international legal acts in this area are considered in detail, as well as the draft of an International legally binding Document on the conservation and sustainable use of marine biological diversity in areas beyond the limits of national jurisdiction. A number of problems related to the international legal regulation of the use of marine genetic resources are identified. Comparative legal analysis, formal legal, formal logical and system methods, methods of analysis and generalization were used as the main methodology of the study. The novelty of this study lies in the fact that at the moment there is no universal international legal act that would regulate the use of marine genetic resources. It is also necessary to note a small number of scientific papers, mainly by foreign authors, devoted to this topic. At the same time, such resources have found wide application in various branches of science and production. Taking into account the above, it seems relevant to conduct additional scientific research aimed at studying the international legal regime of marine genetic resources. As a result of the presented research, the analysis of the concepts of "marine genetic resources", "genetic material", "marine biological resources", "living marine resources" was carried out. A number of problems in the international legal regulation of this sphere have been identified. So, in particular, the extension of the principle of the common heritage of mankind to marine genetic resources, if it is impossible to extend this principle to the open sea, may further generate legal conflicts. The author comes to the conclusion that it is necessary to further study the international legal regime of marine genetic resources.

Legal Status of Offshore (Deep-Water) Oil Rigs: Coastal State Jurisdiction and Countering Oil Spills Threats

This research aims to assess and find possible ways to improve the international legal framework to exercise state jurisdiction to prevent pollution from offshore oil rigs. In effect, the paper analyzes the legal status of offshore rigs to provide for the necessary jurisprudential, geo-political, and energysecurity dimensions. While doing so, the pertinent provisos (sections) of all the international conventions relatable to offshore oil & gas production have been examined. The study has found that the legal status of offshore rigs is not clear in international law, and as such, it concludes that the 1982 UNCLOS convention has addressed specific issues, albeit not in an extensive way. The extant international regulations for the protection of offshore oil rigs have not been effective, even in cases of allision and collision. Right from the legal status of offshore rigs to security zones, they have been debated much and have been the subject of dispute for over 40 years. There are specific and pivotal jurisdictional issues in matters to do with the location of oil rigs in the high seas, beyond the limits of national jurisdiction, which has proved to be an area of contention. The Legal status of offshore rigs has become a source of much disagreement in International Law. There are fundamental questions about whether a type of rig could be considered a ship under national and international law. Should an oil rig be considered a ship, some international law rules relatable to ships, such as the law of flag, allision, collision, and pollution, would become applicable in equal verve to oil rigs as well? As a natural corollary of those above, a query would come up: how else can oil rigs be classified? Traditionally, oil rigs, offshore installations, artificial islands have been dubbed to be part of one category. A meticulous examination of the legal status of offshore rigs would reveal that it is one of the most contumacious and troublesome areas of International Law. The aforementioned is significant because there are many practical and legal consequences, given specific situational dictates. Indeed, the legal status could directly impact issues with the jurisdiction a state may have in matters relatable to the exercise of the states’ legal prowess over offshore rigs, and the applicability of certain maritime law principles and rules centric to offshore rigs need to be studied astutely. As an indicative archetype, should an offshore rig be located at an exclusive economic zone, it could be considered a ship in the eyes of the law, and hence, the flag state would have exclusive jurisdiction over it. Nonetheless, the coastal state would have exclusive jurisdiction if it were considered an installation. Quintessentially, the legal status of offshore oil and gas rigs would determine the rights, duties, and obligations of the different states, and hence the subject could throw up some complicated issues.

The two-year deadline to complete the International Seabed Authority’s Mining Code: Key outstanding matters that still need to be resolved

The International Seabed Authority (ISA) is an autonomous international organization established under the UN Convention on the Law of the Sea 1982 (UNCLOS) to organize and control the exploration for and exploitation of seabed mineral resources in areas beyond the limits of national jurisdiction. A system for exploration of mineral resources have been in existence for some time now and the ISA is currently in the midst of developing regulations for exploitation activities. Between 2014 and 2020, the ISA has made considerable progress in respect of the latter. However, with the COVID-19 pandemic, most of the work of the ISA, including the development of regulations for exploitation, have been on hiatus since March 2020. In late June 2021, the Republic of Nauru invoked a legal provision that essentially compels the ISA to accelerate the completion of the exploitation regulations. If the ISA fails to complete this within the prescribed time of two years, i.e. by July 2023, the ISA would have to consider and decide upon applications for mining contracts notwithstanding the absence of the exploitation regulations. Two years is not a long period, especially given that the COVID-19 pandemic continues to prevent member States from meeting in person at the ISA to continue negotiations on the exploitation regulations. Moreover, apart from having to resolve outstanding matters in relation to the exploitation regulations, the ISA would also need to address numerous other matters that intrinsically connect to the design of a functional system of exploitation. This paper reflects upon the key outstanding matters, both within and outside the exploitation regulations, which the ISA would need to urgently address and resolve within the two-year deadline.

The International Seabed Authority: Structure, Composition and Competence

The International Seabed Area equally known as the Area is an integral part of the ocean which constitutes the seabed and the ocean floor and subsoil thereof beyond the limits of national jurisdiction. This significant part of the ocean and its resources are the common heritage of mankind and as such are to be managed for the benefit of mankind as a whole. By virtue of this, the International Seabed Authority (ISA) was created to administer the Area and its resources for the benefit of mankind as a whole. This leads us therefore to the purpose of this paper which seeks to establish the structure, composition and competence of the International Seabed Authority. The paper does so through the exploitation of secondary and primary sources of information. Secondary data were collected from books, academic journals, magazines, and official publications touching the subject matter. To compliment secondary data, primary data was also used and this was done essentially through interviews, focus group discussions and questionnaires. The data collected were analyzed with the use of thematic content approach The findings revealed that in spite of the shortcomings identify by many, there exist a well composed structure with its competence clearly ascertained. The results, which highlighted the findings, laid a ground for further research on this area.

The Challenges Faced by the International Seabed Authority in the Management of the Area

The International Seabed Authority (ISA) equally referred to as the Authority was created with a mission to administer the Area and the resources found therein for the benefit of mankind as a whole. The Area in this case refers to the seabed and the ocean floor and subsoil beyond the limits of national jurisdiction. The principle governing this part of the Ocean is the Common Heritage principle. International Seabed Authority like every other organization has adopted mechanisms and strategies to realize its mission but it faces substantial challenges in this regard. This leads us to the focus of this work which seeks to examine the challenges the Authority faces in the management of the Area. The paper does so by making use of the doctrinal method of data collection, which involves reviewing of legal text and observation. Equally, some articles were revisited and reports. The data collected is analyzed by use of the thematic content approach. The result obtained shows that the international Seabed Authority despite its efforts in realizing its mission through the mechanisms and strategies adopted still faces challenges in this regard.

An Introduction to the Problem About the Taxation and the Environmental Regulation of the Mining in the Deep Seabed, the Area

The purpose of this paper is to show some general aspects of the regulation and taxation of the mining activity in the Area, which is constituted by the seabed and oceanic subsoil, beyond the limits of national jurisdiction. To do so, the authors give a brief exposition about how the UNaCLOS regulates these matters through its principles and basic concepts. Then, they explain how the Draft Regulations on the Exploitation of Mineral Resources in the Area, coming to July 2018, deals with these issues, that is, the principles and concepts, and the environmental regulations and the tax aspects of the exploitation of mining in the Area. Finally, they reflect briefly on some essential questions in the studied matters, which are the following: whether the Area should or should not be exploited; about how the management powers of the Area are distributed; how decisions are made within the International Sea Authority and what are the rights of States and the contractors; how to solve the dilemma between obtaining money or protecting the ecosystem; how to solve the problem of governance in the Area, and how to solve the way of sharing benefits through global tax.

NewSpace: A Wave of Private Investment in Commercial Space Activities and Potential Issues Under International Investment Law

Abstract The space industry is witnessing a commercialization wave which is commonly circumscribed by the term NewSpace. Together with the increasing commercialization, legal issues in the space sector may require rethinking, laws and regulations form other sectors may become relevant, and new laws and regulations need to be developed. Overall, there are significant risks associated with the legal and regulatory framework under which NewSpace companies are operating. Some of these risks could generally be mitigated through the application of investment treaties. In this regard, it is not an obstacle that space activities are taking place beyond the limits of national jurisdiction. Administrative rights, such as a governmental license to undertake commercial space activities, are one of the most eminent and likely area where space companies may present claims against a foreign government. The level of protection in relation to these administrative rights may differ from one investment treaty to another.

A stochastic techno-economic assessment of seabed mining of polymetallic nodules in the Clarion Clipperton Fracture Zone

Polymetallic nodules found in the Clarion Clipperton Fracture Zone in the NE Pacific contain more nickel, manganese and cobalt than all terrestrial reserves combined. Following the 1982 Law of the Sea Convention and its 1994 Implementing Agreement, the resources of the international seabed beyond the limits of national jurisdiction will be developed for the benefit of mankind by attracting investment and technology, whilst demanding that necessary measures be taken to ensure effective protection of the marine environment. To date, no single commercial seabed mining activity has taken place in international waters, and the development of balanced and stimulating exploitation regulation is needed, based on accurate economic analysis. This paper presents the first detailed, vertically integrated, stochastic techno-economic assessment from a contractor's perspective, and contributes to the development of the world's first exploitation regulations. The economic performance measured by the internal rate of return was compared using deterministic and probabilistic commodity price forecasting models. Different levels of a financial payment regime, comprising of a royalty payment and a payment to internalize environmental costs, were considered. When real growth was included, the internal rate of return remains above the hurdle rate when a transitional, total-cost, financial payment regime is below 2 per cent during the initial period and below 4 per cent for the remaining tenure period. Following a 10-year moving average of commodity prices, including real growth, a 77.51 per cent probability was calculated of achieving a hurdle rate of 18 per cent.

Should deep seabed mining be allowed?

Commercial interest in deep sea minerals in the area beyond the limits of national jurisdiction has rapidly increased in recent years. The International Seabed Authority has already given out 26 exploration contracts and it is currently in the process of developing the Mining Code for eventual exploitation of the mineral resources. Priority issues have so far been feasibility and profitability of this emerging industry, while relatively little consideration has been given as to how, and to an even lesser extent, whether deep seabed mining should proceed. This article makes a case that the global community should question and scrutinize the underlying assumption that deep seabed mining is going benefit humankind as a whole before commercializing the common heritage of humankind.

SPACE: The race for mineral rights ‘The sky is no longer the limit’ Lessons from earth!

This research paper considers the ‘new space race’ – and the desire to extend sovereignty and ownership higher - the sky is no longer the limit. In 2015 the U.S. passed the Federal Space Resource Exploration and Utilization Act, which would permit mining in outer space; however, it remains highly controversial and in essence goes against the United Nations rationale that some areas are beyond the limits of national jurisdiction and cannot be claimed. This paper considers both the Bill and the final Act. Comparison analysis of other Treaties is considered and therefore the validity of State commercialization of assets deemed as being ‘mankind’s heritage’ is questioned. In doing so, the research provides comment on the similarities of lessons learnt from Earth and other UN International Treaties and Conventions, with correlation-reference made to the current situation in the South China Sea. The paper illustrates the U.S.’s reluctance to ratify any treaty, which does not allow the freedom …. of its competitive advantage.

Managing the global commons: common good or common sink?

The global commons, comprising the areas and resources beyond the sovereignty of any state, build upon the heritage of Grotius’s idea of mare liberum – an idea that aimed to preserve the freedom of access for the benefit of all. However, the old mare liberum idea digressed into ‘first come, first served’ advantages for industrialised countries. Especially at the initiative of developing countries, it has now been replaced by a new law of international cooperation and protection of natural wealth and resources beyond the limits of national jurisdiction. The global commons have thus served as the laboratory for testing new legal principles and the rights and corollary duties emanating from them. Occasionally path-breaking innovations in regulation have been practised, most notably the imposition of a ban on whaling, penalties for the production and use of ozone-depleting substances and the freezing of claims to sovereignty over Antarctica.

1. Deep Seabed and Ocean Floor

The first part of this report summarizes the activities of the International Seabed Authority (ISA) over the period July 2015 to July 2016 and details contracts for the exploration of mineral resources in the deep seabed applied for, assessed, or concluded in 2016. The second part notes the activities during 2016, if any, of other international bodies with a legal remit concerning the deep seabed and ocean floor and other relevant legal developments. The ISA was established under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement Relating to the Implementation of Part XI of UNCLOS (1994 Agreement). It is the organization through which state parties to UNCLOS organize and control activities for the exploration and mining of minerals in ‘the Area’ (that is, the seabed, ocean floor, and subsoil thereof beyond the limits of national jurisdiction) while ensuring that the marine environment is not subject to harm during these activities. The ISA meets annually at its headquarters in Kingston, Jamaica, and the twenty-second session of the authority was held on 11–22 July.

The Enlargement of the Suez Canal and Introduction of Non‐Indigenous Species to the Mediterranean Sea

The Suez Canal is one of the most important waterways in the world – during the last year 17,148 ships passed through the Canal – reducing emissions, saving time, and operating costs to shippers. The rapid increase in ship size from the “Post-Suezmax” (> 12,000 TEU) to the latest container vessels (> 19,000 TEU) now requires enlargements of port facilities and canals. A project of this magnitude, and with potentially negative environmental outcomes, requires a transparent and scientifically sound “Environmental Impact Assessment” (EIA). An explicit obligation on Parties to the Convention on Biological Diversity (https://www.cbd.int/doc/ legal/cbd-en.pdf) was made to consider transboundary impacts on biodiversity, particularly those associated with invasive non-indigenous species. Although a nonbinding instrument, the “Rio Declaration on Environment and Development” sets forth important principles of international environmental law (UN 1992): States are responsible for ensuring that activities within their jurisdiction do not damage the environment of other States, and EIA, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment. To our knowledge, no Environmental Impact Assessment has been

The seabed - an important mineral resource of Slovakia in the future

In 1987, Slovakia bought part of the ocean bottom w ith the occurrence of mineral resources future - po lymetallic nodules. The polymetallic nodule is a geological term for na ming natural features consisting of more than 40 me tals and other chemical elements. These special services originated in the ocean for two to three million years and nowadays, they are o f main interest for countries whose mineral wealth is little or no available. Nodules c ontain about 30 % manganese, 1.2 % copper, 1.2 % ni ckel, 0.2 % cobalt, rare earth elements, etc. The existence of submarine nodules w as found by the British ship HMS Challenger by oc eanographic research in 1872 1876. Research and the subsequent mining of nodules were particularly points of interest for Western c ountries as well as the USSR. Rules for the use of mineral resources of the seabed beyo nd the limits of national jurisdiction were codifie d in the Convention on the Law of 1982, which came into force on 16.11.1994, and in the Slo vakia on 21.7.1996. The seabed is one of the intern ational space next to the high seas, Antarctica, outer space and celestial bodies, which are not subject to the sovereignty of any state au thority.

Exploitation of Offshore Transboundary Oil and Gas Reservoirs; an International Law Perspective.

Under international law, state's territorial sovereignty ends at its boundaries and any hydrocarbons reservoirs that straddle across would belong to a different state with control over such territory. The United Nations Convention on the Law of the Sea (UNCLOS) provides a legal framework for maritime boundary delimitation. However, it does not entirely solve the equation in regard to exploitation of cross-border hydrocarbons. What happens when the hydrocarbon cross boundaries of different states? It may be difficult to determine the quantity of hydrocarbons due to one state. Szekely defines trans boundary natural resources as those situated in a zone through which a territorial or maritime border runs, separating two sovereign States or a state and a marine zone which is beyond the limits of national jurisdiction. Neighbouring states have access to the same reservoir and any activities by one state would have an impact on the position of the other to exploit the same. This paper analyses different frameworks adopted by states to exploit shared offshore reservoirs. It discusses the challenges posed by exploitation of such deposits and the status of international law, specifically on the obligation to cooperate. Further it focuses on state practice and how different concepts in the cycle of hydrocarbon exploitation have been tackled; from discovery to cessation. This paper shall use examples of Norway-UK, USA-Mexico, Australia-Timor-Leste, and Nigeria Sao Tome, Principe arrangements.