seabed disputes chamber – IILSS-International institute for Law of the Sea Studies

high seas and ocean legal aspects Law of the sea

International Seabed Authority, its Jurisdiction, authorities and obligations in law of the sea and LOSC

The International Seabed Authority is an international organisation governing the Area and activities there. All States Parties to the LOSC are ipso facto members of the Authority. The Authority sits in Jamaica and comprises three principal organs, that is to say, an Assembly, a Council and a Secretariat. In addition, it has its operational organ, i.e. the Enterprise.
The Assembly, which consists of all the members of the Authority, is the supreme organ of the Authority to which the other principal organs shall be accountable as specifically provided for in the LOSC. The Assembly is entitled to establish general policies on any question or matter within the competence of the Authority.
The Council, which consists of thirty-six members of the Authority, is the executive organ of the Authority. Each member of the Council shall be elected for four years. The Council is empowered to establish the specific policies to be pursued by the Authority on any question or matter within the competence of the Authority.
The Secretariat of the Authority comprises a Secretary-General and such staff as the Authority may require. In the performance of their duties, the Secretary-General and the staff shall not seek or receive instructions from any government or from any other source external to the Authority. They shall refrain from any action which might reflect on their position as international officials responsible only to the Authority. In addition, the Secretary-General and the staff shall have no financial interest in any activity relating to exploration and exploitation in the Area. Those qualifications will contribute to secure the independence and neutrality of the Secretariat. International Seabed Authority, its Jurisdiction, authorities and obligations in law of the sea and LOSC, Cobalt-Rich Crusts Regulations, International Seabed Authority, ITLOS, Jamaica, LOSC, Polymetallic Nodules Regulations, seabed disputes chamber, the Sulphides Regulations

ITLOS cases

Responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area (Request for Advisory Opinion submitted to the Seabed Disputes Chamber)

IILSS 7th December 2019 No Comments advisory opinion ITLOS responsibilities responsibility seabed disputes chamber

On 6 May 2010, the Council of the International Seabed Authority adopted decision ISBA/16/C/13, in which, in accordance with article 191 of the Convention, it requested the Seabed Disputes Chamber of the Tribunal to render an advisory opinion on the following questions: What are the legal responsibilities and obligations of States parties to the Convention with respect to the sponsorship of activities in the Area in accordance with the Convention, in particular part XI, and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982?
What is the extent of liability of a State party for any failure to comply with the provisions of the Convention, in particular part XI, and the 1994 Agreement, by an entity whom it has sponsored under article 153, paragraph 2(b), of the Convention?
What are the necessary and appropriate measures that a sponsoring State must take in order to fulfil its responsibility under the Convention, in particular article 139 and annex III, and the 1994 Agreement?