Accountability in the Deep Sea: Liability of Deep-Seabed Mining Sponsoring States under the United Nations Convention on the Law of the Sea
Accountability in the Deep Sea: Liability of Deep-Seabed Mining Sponsoring States under the United Nations Convention on the Law of the Sea

Summary/Abstract: This paper examines the liability of States sponsoring deep-seabed mining activities in areas beyond national jurisdiction under the framework of the United Nations Convention on the Law of the Sea, touching upon its parallel nature to the liability of the sponsored contractor. The clarification of the liability regime for deep-seabed mining operations is crucial given the growing interest in their commencement and the associated legal, environmental, and governance challenges. The research builds upon the relevant provisions of the Convention and their interpretation as outlined in the 2011 Advisory Opinion of the Seabed Disputes Chamber. For these purposes a doctrinal legal research approach was utilised. The article concludes that the liability of Sponsoring States – which have both procedural and substantive obligations in this field – is fault-based and secondary to that of the sponsored entities. The analysis also highlights the need for a strict liability regime for contractors, which would eliminate the need for residual liability of Sponsoring States.

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