Developing China's Legal Regime for International Deep Seabed Mining—The Present and Future. (2nd January 2021)

• Record Type: Journal Article
• Authors: Shen, Hao
• Is Part Of: Ocean development and international law. Volume 52:Number 1(2021)
• Page Start: 20
• Page End: 40
• Publication Date: 2021-01-02
• Subjects: China's DSM Law -- deep seabed mining -- legal regime for DSM -- supporting rules; Law of the sea -- Periodicals; Marine resources conservation -- Law and legislation -- Periodicals; 341.45
• DOI: 10.1080/00908320.2020.1845436
• Languages: English
• ISSNs: 0090-8320

Abstract

Abstract: The obligations of state sponsorship in the exploration and exploitation of the resources in the international seabed area require states parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) to control the exploration and exploitation activities of contractors through domestic legislation and the adoption of relevant administrative measures, and to ensure that contractors comply with UNCLOS and international regulations, rules, and procedures promulgated by the International Seabed Authority. The Law of the People's Republic of China on the Exploration and Exploitation of Resources in the Deep Seabed Area (DSM Law) was adopted on 26 February 2016. It is the first important legislative step that China has taken to fulfill its obligation as a sponsoring state. Given the fact that a number of the provisions in China's DSM Law are phrased in rather general terms, the next step that China should take is to develop a comprehensive domestic legal regime for deep seabed mining under the DSM Law. Part I of this article provides an overview of China's developing domestic legal regime for deep seabed mining. Part II proposes three principles that should be enshrined in China's developing domestic legal regime for deep seabed mining, and Part III articulates the legal norms that underpin China's developing domestic legal regime for deep seabed mining. Part IV delivers a critical review of current normative instruments issued under the DSM Law and proposes suggestions to revise one particular instrument, the Permit Measures, as adopted under the DSM Law.