PACIFIC SMALL ISLAND DEVELOPING STATES REGIONAL TRAINING AND CAPACITY BUILDING WORKSHOP

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LEGAL REGIME GOVERNING THE CONDUCT OF MSR IN THE AREA |
Marie BOURREL-McKINNON
Senior Policy Officer- Special Assistant to the Secretary-General
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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S T R U C T U R E O F T H E P R E S E N T A T I O N
• Preliminary comments – The Area
• Overview of the legal regime applicable to MSR
• Applicable rules for MSR in the Area
• Role of ISA
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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T H E A R E A
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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O V E R V I E W O F
T H E L E G A L R E G I M E A P P L I C A B L E
T O M S R
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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UNCLOS
Part VII
High SeasPart XIII
MSR
Not unjustifiably interfere with
other legitimate uses
Art. 240 (c)
Art. 240 (d)
compliance with relevant
regulations
Art. 256
Right of all States to conduct
MSR in the Area
Part XI
The Area
Art. 143(3)
international
cooperation
freedom of MSR
Art. 87(1) (f)
Art. 87(2)
Due regard
• for the interests of
other States
• for the rights under
UNCLOS w/ respect to
activities in the Area.
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga
Art. 143(1)
peaceful purposes
& benefit of mankind

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A P P L I C A B L E R U L E S
F O R M S R
I N T H E A R E A
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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Parties responsible to ensure that activities in the Area are
carried out in conformity with UNCLOS
Responsibility to ensure compliance & liability
for damage
Liability of a State Party for damage caused by a failure
to carry out its responsibilities
Art.139
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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Protection of the marine environment
Art.145
Necessary measures to be taken to ensure effective
protection for the marine environment
ISA responsible for adopting appropriate
rules, regulations & procedures
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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Accommodation of activities in the Area and in
the marine environment
Art.147
“reasonable regard” for other activities in the marine
environment
reciprocal provision
(“reasonable regard” for activities in the Area)
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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Source: SPC
(2016)
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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R O L E O F I S A ?
• carry out MSR
• enter into contracts
• promote & encourage
the conduct of MSR
• develop programs for
developing States &
technologically less
developed States
Exclusive right of
contractors
dissemination of
research results
& analysis
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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due regard
MSR activities in the Area must not unreasonably interfere with a
contractor’s rights and duties under its contract with ISA
TO CONCLUDE
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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T H A N K Y O U !
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga

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R O L E O F I S A ?
143 (2) UNCLOS:
• carry out MSR & enter into contracts for that purpose.
• promote & encourage the conduct of MSR in the Area, & shall
coordinate & disseminate the results of such research and analysis
when available.
143 (3) UNCLOS:
(b) develop programs for the benefit of developing States &
technologically less developed States with a view to:
(i) strengthening research capabilities;
(ii) training personnel (developing States & ISA personnel);
(iii) fostering employment of qualified personnel in research in
the Area;
(c) effectively disseminating the results of research & analysis when
available.
P-SIDS Regional Training & Capacity Building Workshop on Deep-Seabed Mining / 12-14 February 2019 – Nuku’Alofa, Kingdom of Tonga