the adoption of rules, regulation and procedures to protect the marine environment by the international seabed authority: limitations and reinforcement measures

Abstract

Assuming the concept of the International Seabed Area as a space of international interest, the United Nations Convention on the Law of the Sea of 1982 designated the Area and its resources as the common heritage of mankind. In Part XI of the Convention, its legal regime specifically focuses on the need to regulate the activities carried out in the Area and to share resources equitably, but it also protects the general interest in the conservation of that space and the marine environment as a whole, having future generations in mind. The aim of this study is to examine the extent to which the International Seabed Authority (ISA) fulfills or can fulfill this environmental mandate. This paper is based on the hypothesis that the ISA must face obstacles that are reducing its potential regulatory role in the protection of the marine environment. Some of these difficulties arise from the complex scenario in which the ISA operates. Other limitations originate in the structural design of the Authority and its legislative and enforcement powers. After identifying these limitations, this study briefly outlines some structural measures that could be adopted, as well as some strategic actions that should be prioritized to reinforce the ISA’s normative leadership role.