Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

Xiangxin Xu and Guifang (Julia) Xue
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Xiangxin Xu: Center for Polar and Deep Ocean Development, KoGuan Law School, Shanghai Jiao Tong University (SJTU), Shanghai 200030, China
Guifang (Julia) Xue: Center for Polar and Deep Ocean Development, KoGuan Law School, Shanghai Jiao Tong University (SJTU), Shanghai 200030, China

Sustainability, 2021, vol. 13, issue 19, 1-12

Abstract: Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places companies and legal persons subject to international and national legislation simultaneously. The sponsoring state’s national legislation is thus an integrated part of the DSM regime. This resolves the defects that private entities in DSM are not subject to international law and weak enforcement of international organizations. However, UNCLOS neither draws a clear line of competence between the sponsoring state and the ISA nor provides compulsory components that national legislation should contain, resulting in the disparity between the objective of the establishment of sponsorship and the status quo of the sponsoring state’s role and its national legislation. This paper analyzes the competence of a sponsoring state and regulatory aspects it should focus on to assist the ISA and further proposes such components of the national legislation contributing to the DSM regime.

Keywords: law of the sea; deep seabed mining; national legislation; sponsoring state (search for similar items in EconPapers)
JEL-codes: O13 Q Q0 Q2 Q3 Q5 Q56 (search for similar items in EconPapers)
Date: 2021
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