International law for deep sea mineral resources - presentation

International Law for International Law for DeepDeep--Sea Mineral Sea Mineral

ResourcesResources

Daniel G. ReynoldsDaniel G. Reynolds

December 2010December 2010

©2010 Daniel G Reynolds

H.M.S. ChallengerH.M.S. Challenger18731873--18761876

William Frederick Mitchell, 1845-1914


Polymetallic NodulesPolymetallic Nodules

International Seabed Authority


Potential mine sitesPotential mine sites

International Seabed Authority


1958 Convention1958 Convention

High SeasHigh Seas

Territorial Sea and Contiguous ZoneTerritorial Sea and Contiguous Zone

•• Size of Territorial Sea not specifiedSize of Territorial Sea not specified

Continental ShelfContinental Shelf

•• Size of Continental Shelf not specifiedSize of Continental Shelf not specified

Fishing & Conservation of Living ResourcesFishing & Conservation of Living Resources


Mineral Resources of the SeaMineral Resources of the SeaJohn Mero, U.S., 1965John Mero, U.S., 1965

Copper Copper -- 7,900,000,000 tons7,900,000,000 tons

Nickel Nickel -- 14,700,000,000 tons14,700,000,000 tons

Enough for hundreds of thousands of Enough for hundreds of thousands of

yearsyears

Deposits were collecting on the sea floor Deposits were collecting on the sea floor

faster than humans were using the faster than humans were using the

mineralsminerals


The Common Heritage of MankindThe Common Heritage of MankindArvid Pardo, Malta, 1967Arvid Pardo, Malta, 1967

Establish international authority to Establish international authority to

administer the seabed for the benefit of administer the seabed for the benefit of

mankindmankind

Prohibit military useProhibit military use

Protect the environmentProtect the environment

Assure benefits of resources to all people Assure benefits of resources to all people

in all countriesin all countries


UN Actions 1967UN Actions 1967--19731973

Resolution 2340Resolution 2340•• Formed Ad Hoc Seabed CommitteeFormed Ad Hoc Seabed Committee

Resolution 2574Resolution 2574•• Seabed resources are Common Heritage of MankindSeabed resources are Common Heritage of Mankind

•• Moratorium on exploitation until legal process Moratorium on exploitation until legal process establishedestablished

Resolution 2749Resolution 2749•• No appropriation by any state or personNo appropriation by any state or person

•• Create international regime for resource managementCreate international regime for resource management

•• Seabed only open for peaceful usesSeabed only open for peaceful uses


3rd Conference on3rd Conference onThe Law of the SeaThe Law of the Sea

19731973--19821982

93 weeks in Geneva / New York93 weeks in Geneva / New York

130 nations130 nations

Result was United Nations Convention on Result was United Nations Convention on

the Law of the Sea (UNCLOS)the Law of the Sea (UNCLOS)


UNCLOS featuresUNCLOS features

12 mile Territorial Sea12 mile Territorial Sea

200 mile Exclusive Economic Zone (EEZ)200 mile Exclusive Economic Zone (EEZ)

Transit Passage through international Transit Passage through international straitsstraits

Marine scientific researchMarine scientific research

Environmental protectionEnvironmental protection

Dispute resolutionDispute resolution

Seabed resources administration (Part XI)Seabed resources administration (Part XI)


JurisdictionJurisdiction

National jurisdictionNational jurisdiction•• Internal watersInternal waters

•• Territorial sea Territorial sea –– 12 miles12 miles

•• EEZ EEZ –– 200 miles (up to 350 miles)200 miles (up to 350 miles) Even for small island nationsEven for small island nations

•• Archipelagic waters Archipelagic waters –– around a group of around a group of islandsislands

International jurisdiction International jurisdiction –– The AreaThe Area•• Everything elseEverything else


U.S. Objections to Part XIU.S. Objections to Part XI

Production limitations intended to protect existing Production limitations intended to protect existing

landland--based producersbased producers

Seabed Authority (ISA) could conduct operations Seabed Authority (ISA) could conduct operations

in competition with private companiesin competition with private companies

U.S. not guaranteed seat on governing councilU.S. not guaranteed seat on governing council

OneOne--nation, onenation, one--votevote

Potential future (20 years) review conferencePotential future (20 years) review conference

Recognition of claims for current seabed mineral Recognition of claims for current seabed mineral

explorersexplorers


1994 Agreement1994 Agreement

Changed UNCLOS to address U.S. objectionsChanged UNCLOS to address U.S. objections

Goal was to make UNCLOS universalGoal was to make UNCLOS universal

Special meeting of UN General AssemblySpecial meeting of UN General Assembly

Provisional application until ratifiedProvisional application until ratified

U.S. signed July 1994 and sent to Senate in 1995U.S. signed July 1994 and sent to Senate in 1995

All subsequent U.S. administrations supportedAll subsequent U.S. administrations supported

Foreign Relations Committee has passed twiceForeign Relations Committee has passed twice

No Senate vote for 15 yearsNo Senate vote for 15 years


Law of the Sea ConventionLaw of the Sea Convention

UNCLOS and 1994 Agreement are considered as UNCLOS and 1994 Agreement are considered as oneone

Became effective November 16, 1994 Became effective November 16, 1994 -- one year one year after 60th nation ratifiedafter 60th nation ratified

Currently 159 countries plus EU are membersCurrently 159 countries plus EU are members

NonNon--members include:members include:•• IranIran

•• North KoreaNorth Korea

•• United StatesUnited States

•• VenezuelaVenezuela


International Seabed AuthorityInternational Seabed Authority

Based in Kingston, JamaicaBased in Kingston, Jamaica

BiBi--annual budget $13 millionannual budget $13 million

Administers seabed resources outside of Administers seabed resources outside of EEZsEEZs

Rules for explorationRules for exploration

Contracts for explorationContracts for exploration•• Six grandfathered mining entities plus 2 addedSix grandfathered mining entities plus 2 added

•• No U.S. companiesNo U.S. companies


FutureFuture

Future seabed exploitation depends upon Future seabed exploitation depends upon

economics economics -- copper & nickel pricescopper & nickel prices

Potential new demand for rare earth Potential new demand for rare earth

minerals used in electronics and green minerals used in electronics and green

technologytechnology

U.S. may decide to join UNCLOS to access U.S. may decide to join UNCLOS to access

larger EEZ in Arcticlarger EEZ in Arctic


Documents

International law for deep sea mineral resources - presentation