Deep-Sea Mining: Dispute Resolution Under ISA Regulation

Deep-sea mining activities in the seabed and ocean floor beyond national jurisdiction, including the collection of polymetallic nodules, are governed by the UN Convention of the Law of the Sea (UNCLOS) and the agreement relating to the implementation of part XI of UNCLOS. This regulatory framework is centred around the International Seabed Authority (ISA).

In the first part of the series, Louise and Elena looked at how a contractor – such as a corporation, entity, or individual – can only apply for the right to exploit the minerals on the international seabed once it is sponsored by a state party to UNCLOS. However, the single most important contract for contractors will be the exploitation contract with the ISA, which effectively grants them access to the minerals and defines their rights and obligations for the exploitation of those minerals.

This second article looks at the dispute settlement mechanism included in the exploitation contract and its relationship with the other dispute mechanisms available to the contractor.

Read part two on Mining Technology.