UNCLOS Regime for the International Seabed Area

The international seabed Area means the seabed, ocean floor and subsoil beyond national jurisdiction. Under Part XI of UNCLOS, its mineral resources are governed as the common heritage of humankind, rather than being open to national appropriation. The regime is implemented together with the 1994 Implementation Agreement.

Legal status of the Area and its resources

Resources include solid, liquid or gaseous mineral resources in situ in the Area, including polymetallic nodules; after recovery, they are termed minerals.

• Under Article 136, the Area and its resources are the common heritage of mankind.
• Under Article 137, no State may claim sovereignty or sovereign rights over any part of the Area or its resources.
• Rights in these resources vest in humankind as a whole, on whose behalf the International Seabed Authority acts.
• Activities must benefit humankind as a whole, with particular consideration for developing States and equitable sharing of financial and other economic benefits.

Administration and access to minerals

The International Seabed Authority, established under Article 156, organizes and controls mineral-related activities in the Area. All UNCLOS States Parties are members of the Authority.

• Exploration and exploitation may be undertaken by the Authority's Enterprise or by eligible States, state enterprises and sponsored private entities under contracts with the Authority.
• The Authority's Assembly and Council formulate policy, approve plans of work and establish rules for Area activities.
• The 1994 Implementation Agreement modifies the operation of Part XI and must be interpreted and applied with UNCLOS as a single instrument.

Environmental responsibility and liability

UNCLOS combines access to seabed minerals with duties to protect the marine environment.

• Under Article 145, the Authority must adopt measures to prevent, reduce and control pollution and other hazards, and to protect marine flora and fauna from harmful effects.
• Under Article 206, activities likely to cause substantial pollution or significant harmful changes require assessment of their potential environmental effects.
• Under Article 139, States must ensure that activities conducted by them or their sponsored entities conform to Part XI; failure to fulfil this responsibility may entail liability for resulting damage.
• Activities in the Area are reserved for peaceful purposes.