STATE RESPONSIBILITY FOR DEEP SEABED MINING OBLIGATIONS

This chapter addresses State responsibility and liability for failure to comply with the obligations established in respect of deep-seabed mining under UNCLOS. According to the International Law Commission’s Articles on State Responsibility, for particular conduct to be characterized as an internationally wrongful act, it must first be attributable to the State. However, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea has issued an advisory opinion interpreting State responsibility and liability of States sponsoring deep seabed mining in the Area that is, in the seabed of areas beyond national jurisdiction, under UNCLOS. If the ISA, through action or inaction in its administration of the deep seabed mining regime, causes serious harm to the marine environment it is difficult to argue that it does not bear responsibility to the international community that is at least equivalent to that borne by States.