Responsibilities and Obligations of States with Respect to Activities in the Area
Seabed Disputes Chamber of the International Tribunal for the Law of the Sea
2011 I.T.L.D.S Reports 10
Natural resources in the international seabed (Area) belong to all nations and are governed by the International Seabed Authority (Authority) (plaintiff). A private company wishing to mine the Area must first be sponsored by a nation, and the Authority's Regulations required sponsoring nations to apply a precautionary approach protecting the environment, along with a standard contract clause requiring sponsored contractors to take reasonable protective measures against environmental harm. After the Republic of Nauru and the Kingdom of Tonga sponsored private companies to explore the Area in 2008, Nauru asked the Authority to seek an advisory opinion from the Seabed Disputes Chamber clarifying sponsoring nations' obligations under these Regulations.
Whether a nation that sponsors a private entity's international seabed-mining activities is obligated to comply directly with best environmental practices and ensure that the private entity does so as well.