• Ocean and Polar Research
• /
• v.27 no.1
• /
• pp.97-108
• /
• 2005

The International Seabed Authority (ISA) formally came into existence upon the entry into force of the UNCLOS on 16 November 1994. By adopting the Implementing Agreement in 1994, UNCLOS has the universality as a Magna Carta of International Ocean Regime, and the Deep Seabed Mining Regime could be operated as a unique one for the benefit of mankind. During last 10 years, ISA established the institutional framework successfully and made substantial and tangible progress in formulating the rules, regulations and procedures for the prospecting and exploration for polymetally nodules. Furthermore, RPI's obligations had been carried out completely, and the 7 RPI made contract with ISA to become a contractor who has an at least 15 you exclusive right for exploration in their allocated site. However, due to the uncertainty of commercial mining, the number of representatives from developing countries has been getting looser and looser and ISA has a problem of quorum of the Assembly. Land-based producers took a very strong opposite position to the contractors to make their loss in the minimum level. For the next decade, it might be prospected that ISA will focus on monitoring the contractor's activities, making rules, regulations and procedures for exploration on cobalt rich crust, sulphide and methane hydrate and implementing environment studies.

• Proceedings of KOSOMES biannual meeting
• /
• 2017.11a
• /
• pp.279-279
• /
• 2017

• Ocean and Polar Research
• /
• v.33 no.4
• /
• pp.485-495
• /
• 2011

On February 11, 2011, upon request of the International Seabed Authority, 'the Seabed Dispute Chamber of the International Tribunal for the Law of the Sea(henceforth Chamber)' rendered its advisory opinion on the responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area. The advisory opinion covered three questions: What are the legal responsibilities and obligations of the sponsoring states with respect to the sponsorship of activities in the Area? What is the extent of liability of a State Party for any failure to comply with the LOS Convention and relevant instruments? What are the necessary and appropriate measures that a sponsoring State must take in order to fulfil its responsibilities? In particular, the Chamber delivered its opinion on the different responsibilities and obligations of developed and developing sponsoring states. This paper reviews the above three questions through analyzing the advisory opinion and makes some recommendations for the fulfillment of the responsibilities and obligations of Korea as a sponsoring states.

• Ocean and Polar Research
• /
• v.37 no.1
• /
• pp.81-90
• /
• 2015

International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after the contract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.

• Ocean and Polar Research
• /
• v.25 no.2
• /
• pp.227-235
• /
• 2003

In August 1998, during the resumed fourth session of the Authority, the delegation of the Russian Federation reminded the Assembly that, in addition to polymetallic nodules, other mineral resources existed in the Area, including polymetallic sulphides and cobalt crusts, and requested the Authority to adopt rules, regulations and procedures for exploration for such resources. Pursuant to article 162, para. 2(o)(ii), of the 1982 UNCLOS, such rules, regulations and procedures are to be adopted within three years of the date of such a request. This article reviewed the 'Draft Rules and Regulations for the Exploration and Exploitation of Sea-Floor Massive Sulphides and Cobat-rich Ferromanganese Crusts in the Area' by ISA in 2001, and the 'Madang Guideline for Offshore Mineral Policy' written in 1999 in respect of the international trends of polymetallic sulphides and cobalt crusts. Issues for size of mining area and relinquishment, application of the site-banking system, procedure for dealing with overlapping claims and precautionary approach etc. for the establishment of the norm of polymetallic sulphides and cobalt crusts are reviewed as consideration factors.

• Economic and Environmental Geology
• /
• v.46 no.6
• /
• pp.569-580
• /
• 2013

Co-rich ferromanganese crusts (Fe-Mn crusts) distributed on the seamounts in the western Pacific are potential economic resources for cobalt, nickel, platinum, and other rare metals in the future. Regulations for prospecting and exploration of Fe-Mn crusts in the Area, which enables the process to obtain an exclusive exploration right for blocks of the fixed size, were enacted recently by the International Seabed Authority, which led to public attention on its potential for commercial development. Evaluation and selection of a mining site can be established based on abundance and grade of Fe-Mn crusts in the site as well as topography that should be smooth enough for mining efficiency. Therefore, acquisition of shipboard echo-sounding and acoustic backscatter data are prerequisite to select potential mine sites in addition to visual and sampling operations. Acoustic backscatter data can be used to locate crust-covered areas in a regional scale with the understanding of acoustic properties of crust through its correlation with visual and sampling data. KIOST had collected the topographic and geologic data to assess the resources potential for Fe-Mn crusts in the west Pacific region from 1994 to 2001. However, they could not obtain acoustic backscatter data that is crucial for the selection of prospective mining sites. Therefore, additional exploration surveys are required to carry out side scan sonar mapping combined with seafloor observation and sampling to decide the blocks for application of an exclusive exploration right.

• Ocean and Polar Research
• /
• v.36 no.4
• /
• pp.367-371
• /
• 2014

In early 1990s, the Korean government has launched a deep-sea research program to secure the stable long-term supply of strategic metallic minerals including Cr, Cu and Ni. Through the pioneering surveys, Korea registered $150,000km^2$ of Mn-nodule field in the Clarion-Clipperton area, the NE equatorial Pacific to the international sea-bed authority (ISA) in 1994. Following the ISA exploration code, the final exclusive exploration area of $75,000km^2$ was assigned in 2002, based on results of eight-year researches of chemico-physical properties of nodules, bottom profiles and sediment properties. Since that time, environmental studies, mining technical developments including robot miner and lifting system and establishment of smelting systems were accompanied with the detailed geophysical studies to decipher the priori mining area until 2009. Major points of the recent Korea Mn-nodule program are deployed on a commercial scale until 2015. In order to meet the goals, we developed a 1/5 scaled robot miner compared to commercial one in 2012 and performed a mining test at the water depth of 1,370 m in 2013. In addition, detailed 25,000 scaled mining maps in the priori area, which can provide operation roots of the miner, will be prepared and an environmental-friendly mining strategy will be pursued based on the environmental impact test and environmental monitoring.

• Ocean and Polar Research
• /
• v.45 no.1
• /
• pp.11-22
• /
• 2023

For the commercial development of deep-sea mineral resources, the International Seabed Authority is engaged in wide ranging discussions to establish the Regulations on Exploitation. The core issue of the Regulations on Exploitation is how to protect the marine environment along with the royalty system that distributes the profits from such development. The United Nations Convention on the Law of the Sea stipulates the protection of the marine environment in Part 12 (Articles 192-237) for the preservation of the marine environment, and in the 1994 Implementation Agreement, the protection of the marine environment at the stage of application for approval of the plan of work together with the Regulations on Exploration for the protection of the marine environment. For this purpose, certain obligations are imposed on the applicants. In the Regulations on Exploitation, financial systems such as environmental performance guarantee, insurance, and environmental compensation funds, which were not found in the Regulations on Exploration, are added to further specify the measures for marine environment protection generally stipulated in the 1982 Law of the Convention or 1994 Implementation Agreement. Regarding the financial system for marine environment protection, the Marine Environmental Protection and Conservation Informal Working Group meeting is revising the purpose of the environmental compensation fund. Among these financial system elements, it is judged that there is a possibility that the environmental performance guarantee and insurance may overlap considerably, and it is also thought that the establishment of the environmental compensation fund can also provide a substantial sum of money that will meet the purpose of the compensation fund in terms of securing its financial resources. In this paper, the question is posed as to whether or not this can be accomplished. In this respect, this paper examines the environmental performance guarantee, insurance, and environmental compensation fund, which are necessary for the protection of the marine environment of the deep seabed, but which can impose appropriate obligations on contractors for the commercial development of deep seabed mineral resources. At the same time as figuring out how it is operated in relation to relevant domestic laws, I would like to propose a plan to reflect the implications derived from the domestic law operation process in the Regulations on Exploitation.

• The Korean Journal of Air & Space Law and Policy
• /
• v.33 no.2
• /
• pp.35-59
• /
• 2018

Professor Bin Cheng said that outer space was res extra commercium, while the moon and the other celestial bodies were res nullius before the 1967 Outer Space Treaty(OST). However, Article 2 of the OST made the moon and other celestial bodies have the legal status as res extra commmercium, not appropriated by any country or private enterprises or individual person, but the resources there can be freely available, as those on the high seas. The non-appropriation principle was introduced to corpus juris spatialis internationalis. Whether or not the non-appropriation principle is binding for the non-parties of the OST, many scholars see this principle as an international customary law, even developing into jus cogens. Article 11(2) of the Moon Agreement(MA) reconfirms the nonappropriation principle of Article 2 of the OST, but it has much less effect than the OST because the MA binds only the 18 parties involved. The MA applies only to the moon and celestial bodies other than the Earth in the Solar System, the OST's application scope extends to the Galaxy because the OST has no such substantive enactment. As referred to in the 2015 CSLCA of USA or Luxembourg's Law of Space Resources, allowing individuals and enterprises run by other countries to commercially explore and utilize the space resources, the question may arise whether this violates the non-appropriation principle under Article 2 of the OST and Article 11 of the MA. In the case of the CSLCA, the law explicitly specifies that sovereignty, possessory rights, and judiciary rights to a specific celestial body cannot be claimed, let alone ownership. This author believes that this law respects the legal status of outer space and the celestial bodies as res extra commmercium. As long as any countries or private enterprises or individuals respect the non-appropriation principle of outer space and the celestial bodies, they could use, exploit it. Another question might be raised in the difference between res extra commercium on the high seas and res extra commercium in outer space and the celestial bodies. Collecting resources on the high seas and exploiting space resources should be interpreted differently. On the high seas, resources can be collected without any obstacles like fishing, whereas, in the case of the deep sea-bed area, the Common Heritage of Mankind principles under the UNCLOS should be operated by the International Seabed Authority as an international regime. The nature or form of the sea resources found on the high seas are thus different from that of space resources, which are fixed on the moon and the celestial bodies without water. Thus, if individuals or private enterprises collect these resources from outer space and the celestial bodies, they might secure a certain section and continue collecting or mining works without any limitation. If an American enterprise receives an approval from the U.S. government, secures the best location and collects resources on the moon, can other countries' enterprises access to this area? How large the exploiting place can be allotted on the moon? How long should such a exploiting activity be lasted? Under the current international space law, these matters might be handled according to the principle of "first come, first served." As a consequence, the international community should provide a guideline or a proposal for the settlement of any foreseeable disputes during the space activity to solve plausible space legal questions in the near future.