Effective control and state sponsorship in deep seabed mining

Area of Science:

• Marine Law and Policy
• International Environmental Law
• Resource Governance

Background:

• The State sponsorship system for deep seabed mining (DSM) mandates effective control over private contractors.
• Current International Seabed Authority (ISA) practices primarily recognize 'regulatory control' for effective control.
• This approach is insufficient for ensuring accountability and equitable participation.

Purpose of the Study:

• To analyze the 'regulatory control' and 'economic control' interpretations of effective control in DSM.
• To propose a revised definition of 'effective control' for the ISA's draft exploitation regulations.
• To enhance accountability and participation in the deep seabed mining regime.

Main Methods:

• Literature review of existing interpretations of 'effective control'.
• Analysis of current ISA practices and proposed draft regulations.
• Comparative assessment of regulatory and economic control elements.

Main Results:

• The ISA has historically accepted 'regulatory control' (company registration) as sufficient for effective control.
• This narrow interpretation fails to guarantee contractor accountability and developing State participation.
• A dual approach incorporating both regulatory and economic control is necessary.

Conclusions:

• Effective control in deep seabed mining must encompass both regulatory and economic dimensions.
• Integrating both elements is crucial for robust contractor accountability.
• Meaningful participation of developing States in the DSM regime necessitates this comprehensive approach to effective control.