isa technical study no. 25
TRANSCRIPT
Competencies of the International
Seabed Authority and
the International Maritime
Organization in the context of
activities in the Area
ISA TECHNICAL STUDY NO. 25
Competencies of the International Seabed Authority and
the International Maritime Organization in the context of
activities in the Area
ISA TECHNICAL STUDY NO. 25
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ISA TECHNICAL STUDY NO. 25
ISA TECHNICAL STUDY SERIESTechnical Study No. 24 Deep Seabed Mining and Submarine Cables: Developing Practical Options for the
Implementation of the ‘Due Regard’ and ‘Reasonable Regard’ Obligations under UNCLOS
Technical Study No. 23 Towards the Development of a Regional Environmental Management Plan for Cobalt-Rich Ferromanganese Crusts in the Northwest Pacific Ocean
Technical Study No. 22 Developing a Framework for Regional Environmental Management Plans for Polymetallic Sulphide Deposits On Mid-Ocean Ridges
Technical Study No. 21 The Design of “Impact Reference Zones” and “Preservation Reference Zones” in Deep-Sea Mining Contract Areas
Technical Study No. 20 Marine Mineral Resources of Africa’s Continental Shelf and Adjacent International Seabed Area
Technical Study No. 19 Polymetallic Nodules Resource Classification
Technical Study No. 18 EcoDeep-SIP Workshop II
Technical Study No. 17 Towards an ISA Environmental Management Strategy for the Area
Technical Study No. 16 Environmental Assessment and Management for Exploitation of Minerals in the Area
Technical Study No. 15 A Study of Key terms in Article 82 of the United Nations Convention on the Law of the Sea
Technical Study No. 14 Submarine Cables and Deep Seabed Mining
Technical Study No. 13 Deep Sea Macrofauna of the Clarion-Clipperton Zone
Technical Study No. 12 Implementation of Article 82 of the United Nations Convention on the Law of the Sea
Technical Study No. 11 Towards the Development of a Regulatory Framework for Polymetallic Nodule Exploitation in the Area.
Technical Study No. 10 Environmental Management Needs for Exploration and Exploitation of Deep Sea Minerals
Technical Study No. 9 Environmental Management of Deep-Sea Chemosynthetic Ecosystems: Justification of and Considerations for a Spatially-Based Approach
Technical Study No. 8 Fauna of Cobalt-Rich Ferromanganese Crust Seamounts
Technical Study No. 7 Marine Benthic Nematode Molecular Protocol Handbook (Nematode Barcoding)
Technical Study No. 6 A Geological Model of Polymetallic Nodule Deposits in the Clarion-Clipperton Fracture Zone
Technical Study No. 5 Non-Living Resources of the Continental Shelf Beyond 200 Nautical Miles: Speculations on the Implementation of Article 82 of the United Nations Convention on the Law of the Sea
Technical Study No. 4 Issues associated with the Implementation of Article 82 of the United Nations Convention on the Law of the Sea
Technical Study No. 3 Biodiversity, Species Ranges and Gene Flow in the Abyssal Pacific Nodule Province: Predicting and Managing the Impacts of Deep Seabed Mining
Technical Study No. 2 Polymetallic Massive Sulphides and Cobalt-Rich Ferromanganese Crusts: Status and Prospects
ISA TECHNICAL STUDY NO. 25
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Competencies of the International Seabed Authority and
the International Maritime Organization in the context of
activities in the Area
ISA TECHNICAL STUDY NO: 25
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ISA TECHNICAL STUDY NO. 25
NATIONAL LIBRARY OF JAMAICA CATALOGUING-IN-PUBLICATION DATA
International Seabed Authority; International Maritime OrganizationCompetence of the International Seabed Authority and the International Maritime Organization in the context of activities in the Area / prepared by International Seabed Authority and International Maritime Organization. Description: Kingston : International Seabed Authority, 2019.| Technical study, no. 25.
ISBN 9789768241719 (pbk)ISBN 9789768241726 (ebk)
1. International Seabed Authority 2. International Maritime Authority3. Law of the Sea 4. Marine Service 5. Ocean mining - Law and legislation6. Shipping – Law and legislation.
341.45 dc23
Copyright © International Seabed Authority 2021 International Seabed Authority14-20 Port Royal StreetKingston, JamaicaTel: +1 876 922-9105Website: www.isa.org.jm
The designations employed, as well as the content and the presentations of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority, including, inter alia, concerning the legal status of any country or territory or of its authorities; or concerning the delimitation of its frontiers or maritime boundaries.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the copyright owner. Application for such permission, with a statement of purpose and the extent of the reproduction, should be addressed to the International Seabed Authority, 14-20 Port Royal Street, Kingston, Jamaica.
ISA TECHNICAL STUDY NO. 25
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CONTENTS
EXECUTIVE SUMMARY ACRONYMS AND ABBREVIATIONS1. INTRODUCTION 2. METHODOLOGICAL CONSIDERATIONS
2.1 Sources 2.2 Relationships between instruments 2.3 The notion of ‘competent international organization’ 2.4 The notion of ‘activities in the Area’
2.4.1 Functions of the term 2.4.2 Meaning of the term
2.5 The notion of ‘interface’ of competencies with respect to activities in the Area
3. MANDATE OF THE INTERNATIONAL SEABED AUTHORITY 4. MANDATE OF THE INTERNATIONAL MARITIME ORGANIZATION 5. INTERFACE OF COMPETENCIES AND DIVISION OF RESPONSIBILITIES
5.1 General considerations 5.2 Maritime safety
5.2.1 Promotion of human safety in the Area 5.2.2 Navigation safety 5.2.3 Maritime security
5.3 Marine environment protection 5.3.1 Operational vessel-source pollution 5.3.2 Antifouling systems 5.3.3 Ballast waters 5.3.4 Dumping/disposal of wastes
5.4 Seafarer training standards 5.5 Accommodation of activities in the Area 5.6 Liability and compensation for pollution of the marine environment
6. FINDINGS, ISSUES AND FURTHER RESEARCH NEEDED 6.1 Findings and issues 6.2 Further research needed
7. CONCLUSION ANNEX 1: ACTIVITIES IN THE AREA ANNEX 2: RULES OF REFERENCE TO IMO’S REGULATORY COMPETENCIES UNDER UNCLOS ANNEX 3: INTERFACE OF COMPETENCIES OF ISA AND IMO WITH RESPECT TO ACTIVITIES IN THE AREA
457991213141414
17202429292929343537373940404243
455050535557
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EXECUTIVE SUMMARYThis report studies the interface of competencies of the International Seabed Authority (ISA) and the International Maritime Organization (IMO) with respect to activities in the international seabed area (the Area). The study is undertaken within the context of Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), 1982 the Part XI Implementation Agreement, 1994 and the Seabed Disputes Chamber’s Advisory Opinion on Responsibilities and Obligations of States with respect to Activities in the Area, 2011. The report has been prepared against the backdrop of the agreement on cooperation concluded between ISA and IMO in 2016.
Under UNCLOS, ISA is the competent international organization with respect to the regime of the Area and IMO is the competent international organization for international shipping and navigation. The report explains the mandates of ISA and IMO with respect to the regulation of seabed mining in the Area and international shipping. Shipping will provide a platform for mining and transportation of extracted minerals to markets. Several specific areas of interface are identified and discussed and include maritime safety (human safety and navigation safety), marine environment protection (operational vessel-source pollution, anti-fouling systems, ballast waters, dumping or disposal of wastes), seafarer training standards, accommodation of activities in the Area, and the development of responsibility and liability regimes. The report discusses relevant provisions of UNCLOS, the 1994 Agreement, mining exploration regulations
and draft exploitation regulations in connection with pertinent international maritime conventions and codes. It sets out findings, identifies issues and flags issues that require further research.
The report concludes that the competencies of ISA and IMO with respect to the regulation of activities in the Area and the regulation of related shipping are highly complementary. The Advisory Opinion has helped identify the contours of seabed mining regulation. ISA exploration and draft exploitation regulations have benefitted from referential incorporation of maritime regulation as needed to enhance safety and pollution prevention. It is possible there could be occasional regulatory overlaps, despite the generally clear allocation of competencies by the instruments concerned and the Advisory Opinion. ISA and IMO have the agreement on cooperation as a useful framework to consult on a periodical basis and address overlaps on a case-by-case basis as needed.
IMO has a range of regulatory and area-based management tools developed for international shipping that could be useful to enhance the safety of seabed mining. Further, IMO has extensive regulatory experience that could be useful to ISA as it continues to develop new regimes, regulations and guidelines for seabed mining. These include guidelines for the assessment and disposal of wastes and civil liability and compensation schemes for pollution damage to the marine environment developed under various maritime law conventions.
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ACRONYMS AND ABBREVIATIONS
AFS Convention International Convention on the Control of Harmful Antifouling SystemsArea (the) International seabed areaBunker Convention International Convention on Civil Liability for Bunker Oil Pollution DamageBWM Code Ballast Water Management CodeBWM Convention International Convention for the Control and Management of Ships’ Ballast Water and Sediments CHM Common heritage of mankindCLC Convention International Convention on Civil Liability for Oil Pollution DamageCobalt Regulations Regulations on Prospecting and Exploration for Cobalt-Rich CrustsCOLREGS Convention on the International Regulations for Preventing Collisions at SeaDOALOS Division for Ocean Affairs and the Law of the Sea (UN)Draft Exploitation Draft Regulations on Exploitation of Mineral Resources in the AreaRegulations FPSO Floating Production Storage and OffloadingFSU Floating storage unitHNS Convention International Convention on Liability and Compensation & Protocol for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 as amended by Protocol of 2010 to Amend the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996IAEA International Atomic Energy AgencyILO International Labour OrganizationIMO International Maritime OrganizationIOPC Funds International Convention on the Establishment of an Convention International Fund for Compensation for Oil Pollution DamageIOPC Supplemntary Protocol of 2003 to the International Convention on the Fund Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 ISA International Seabed AuthorityISM Code International Management Code for the Safe Operation of Ships and for Pollution Prevention (International Safety Management Code)ITLOS International Tribunal for the Law of the SeaLL Convention International Convention on Load Lines
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LLMC Convention on Limitation of Liability for Maritime ClaimsLondon Convention Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other MatterLondon Protocol Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other MatterLTC Legal and Technical CommissionUNCLOS United Nations Convention on the Law of the SeaMARPOL International Convention for the Prevention of Pollution from ShipsMLC Maritime Labour ConventionMODU Mobile offshore drilling unitMODU Code Code for the Construction and Equipment of Mobile Offshore Drilling UnitsNodules Regulations Regulations on Prospecting and Exploration for Polymetallic Nodules in the AreaOSV Offshore supply vesselOSV Code Code of Safe Practice for the Carriage of Cargoes and Persons by Offshore Supply VesselsSAR Search and rescueSAR Convention International Convention on Maritime Search and RescueSOLAS International Convention for the Safety of Life at SeaSPS Code Code of Safety for Special Purpose ShipsSulphides Regulations on Prospecting and Exploration of Polymetallic Regulations Sulphides in the AreaSTCW Code Seafarers’ Training, Certification and Watchkeeping CodeSTCW Convention International Convention on Standards of Training, Certification and Watchkeeping for SeafarersSUA Convention Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation as amended by the 1988 Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime NavigationSUA Protocol Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf as amended by the 2005 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf
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I. INTRODUCTIONThis report was commissioned by ISA in collaboration with IMO to assist the identification of the scope of the respective competencies of ISA and IMO in the context of activities in the international seabed area (Area), as set out in Part XI of the United Nations Convention on the Law of the Sea, 1982 (UNCLOS),1 the Agreement relating to the Implementation of Part XI of UNCLOS (1994 Agreement)2 and the International Tribunal for the Law of the Sea (ITLOS) Seabed Disputes Chamber’s Advisory Opinion on Responsibilities and Obligations of States with respect to activities in the Area (Seabed Advisory Opinion).3 Professor Aldo Chircop of Dalhousie University was engaged in the preparation of this report.
The Area consists of ‘the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction’.4 The Area and its non-living resources are the common heritage of mankind.5 The ISA is the competent international organization with respect to the regulation of activities in the Area and IMO is the competent international organization on the regulation of international shipping.
Pursuant to their agreement on cooperation,6 ISA and IMO agreed to exchange information on best practices and explore issues connected to the scope of the competence and activities of each organization to facilitate the ongoing development and implementation of the regulatory framework of activities in the Area. The two organizations consider it useful to identify the scope of their competencies based on the notion of ‘activities in the Area’. Technical teams of the two organizations convened in a first meeting in June 2018 to exchange views and thought it would be useful to work on the development of a matrix identifying and describing their respective competencies under UNCLOS and other instruments.
This report explores and explains the interface of ISA’s and IMO’s competencies with respect to activities in the Area. Following this introduction, the report sets out methodological considerations including sources, relationships between instruments, the notion of ‘competent international organization’, the notion of ‘activities in the Area’, and the notion of
1 United Nations Convention on the Law of the Sea, adopted 10 December 1982 (entered into force 16 November 1994) 1833 UNTS 3 (UNCLOS).2 General Assembly resolution 48/263 and the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, adopted 28 July 1994 (entered into force 16 November 1994) 1836 UNTS 3 (Implementation Agreement).3 Responsibilities and Obligations of States with respect to Activities in the Area, Advisory Opinion, 1 February 2011, ITLOS Reports 2011, 10 (Seabed Advisory Opinion), para 57.4 UNCLOS (n 1) art 1(1)(1).5 Ibid art 136.6 Agreement of Cooperation between the International Maritime Organization (IMO) and the International Seabed Authority (ISA), signed 23 February and 1 March 2016, online: <https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/documents/EN/Regs/IMO.pdf> (IMO-ISA Agreement).
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‘interface of competencies with respect to activities in the Area.’ This is followed by descriptions of the mandates of ISA and IMO with respect to activities in the Area and related supporting activities. The report next explores the areas of interface of the respective competencies and division of responsibilities of the two organizations with respect to activities in the Area, focusing on maritime safety (human safety, navigation safety and maritime security), marine environment protection (operational vessel-source pollution, anti-fouling systems, ballast waters, dumping/disposal of wastes), seafarer training standards, accommodation of activities in the Area, and the development of responsibility and liability regimes.
Maritime security concerns are addressed only briefly and will require future in-depth studies. The findings, issues and matters for further research are summarized before the report concludes. The report includes three annexes to provide supplementary details to the report’s text. Annex I sets out the Seabed Advisory Opinion’s understanding of the notion of activities in the Area. Annex II describes the principal UNCLOS provisions where IMO appears to be implicitly assigned competencies with respect to the regulation of international shipping through the use of rules of reference. Annex III lists the principal UNCLOS provisions pertinent to ISA’s regulatory competence and possible interface with IMO regulatory competence.
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2. METHODOLOGICAL CONSIDERATIONS
7 1994 Agreement (n 2), art 2(1).8 Vienna Convention on the Law of Treaties, adopted 23v May 1969 (entered into force 27 January 1980) 1155 UNTS 331, arts 31-33. The International Tribunal for the Law of the Sea (ITLOS) has invariably, implicitly and explicitly applied the Vienna Convention’s rules of interpretation. Seabed Advisory Opinion (n 3) para 57. See also “Volga” (Russian Federation v. Australia), Prompt Release, Judgment, ITLOS Reports 2002, p. 10, para 77.9 Seabed Advisory Opinion (n 3).10 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area adopted 13 July 2000 and updated and adopted 25 July 2013, online: <https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba-19c-17_0.pdf> (Nodules Regulations).11 Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area adopted 7 May 2010, online: <https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba-16a-12rev1_0.pdf> (Sulphides Regulations).12 Regulations on Prospecting and Exploration for Cobalt-Rich Crusts adopted 27 July 2012, online: <https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba-18a-11_0.pdf> (Cobalt Regulations).13 Draft Regulations on Exploitation of Mineral Resources in the Area, Prepared by the Legal and Technical Commission, ISBA/25/C/WP.1, Unedited Advance Text (25 March 2019), online: <https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/25c-wp1-en-advance.pdf> (Draft Exploitation Regulations).
2.1 Sources
The principal sources of this report are treaty instruments, namely UNCLOS, the 1994 Agreement and international mari-time conventions. The provisions of UN-CLOS and the 1994 Agreement are inter-preted and applied together as a single instrument while bearing in mind that in the event of any inconsistency between the two instruments, the 1994 Agreement prevails.7 Where treaty interpretation is re-quired, the report is generally guided by the Vienna Convention on the Law of Trea-ties, 19698 and international cases and ar-bitration awards as appropriate. In particu-lar, the Seabed Advisory Opinion provides valuable guidance on the interpretation of ‘activities in the Area.’9 The report is further guided by ISA’s regulations as adopted chronologically:
• Regulations on Prospecting and Exploration for Polymetallic No-dules in the Area adopted 13 July 2000 and updated and adopted 25 July 2013 (Nodules Regula-tions);10
• Regulations on Prospecting and Exploration for Polymetallic Sul-phides in the Area adopted 7 May 2010 (Sulphides Regula-tions);11 and
• Regulations on Prospecting and Exploration for Cobalt-Rich Crusts adopted 27 July 2012 (Cobalt Regulations).13
The most recent version of the draft regulations on exploitation of mineral resources in the Area (Draft exploitation regulations) was also consulted. It is expected that ISA will finalize and adopt these regulations by 2020. The ITLOS has
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Safety of Life at Sea, 1974 (SO-LAS);19
• International Convention on Ma-ritime Search and Rescue, 1979 (SAR Convention);20 and
• Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 as amended by Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention);21 Protocol for the Suppression of Unlawful Acts Against the Safe-ty of Fixed Platforms Located on the Continental Shelf, 1988 as amended by Protocol of 2005 to the Protocol for the Suppression of Unlawful Acts against the Safe-ty of Fixed Platforms Located on the Continental Shelf, 2005 (SUA Protocol).22
(c) Pollution prevention
• Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972
applied the Vienna Convention’s rules of interpretation by analogy to guide its interpretation of ISA’s mandatory regulations on prospecting and exploration of minerals.14 The ITLOS statute provides for the tribunal to apply, in addition to the provisions in Article 293, inter alia ‘the rules, regulations and procedures of ISA adopted in accordance with UNCLOS.’15 Other official ISA sources are consulted as needed.
The principal international maritime conventions consulted are presented below by type and in chronological order of adoption:
(a) Constitutive
• Convention on the Internatio-nal Maritime Organization, 1948 (IMO Convention).16
(b) Maritime safety and security
• International Convention on Load Lines, 1966 (LL Convention);17
• Convention on the International Regulations for Preventing Colli-sions at Sea, 1972 (COLREGS);18
• International Convention for the
14 Seabed Advisory Opinion (n 3) para 60.15 UNCLOS (n 1) annex VI, art 38.16 Convention on the International Maritime Organization, adopted 6 March 1948 (entered into force 17 March 1958) 289 UNTS 3, as amended (IMO Convention).17 International Convention on Load Lines, adopted 5 April 1966 (entered into force 21 July 1968) 640 UNTS 133, as amended (LL Convention). 18 Convention on the International Regulations for Preventing Collisions at Sea, adopted 20 October 1972 (entered into force 15 July 1977) 1050 UNTS 16, as amended (COLREGS).19 International Convention for the Safety of Life at Sea, adopted 1 November 1974 (entered into force 25 May 1980) 1184 UNTS 2 (SOLAS). 20 International Convention on Maritime Search and Rescue, adopted 27 April 1979 (entered into force 22 June 1985) 1405 UNTS 97 (SAR Convention). 21 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, adopted 10 March 1988 (entered into force 1 March 1992) 1678 UNTS 201, as amended by Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, adopted 10 March 1988 (in force 1 March 1992), 1678 UNTS 201 (SUA 1988 Protocol) (SUA Convention).22 Protocol of 2005 to the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, adopted 14 October 2005 (entered into force 28 July 2010), IMO Doc LEG/CONF 15/21 (1 November 2005), as amended by Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, adopted 14 October 2005 (in force 28 July 2010) IMO Doc LEG/CONF 15/22 (1 November 2005). (SUA Protocol).
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(London Convention)23 and Pro-tocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Mat-ter, 1996 (London Protocol);24
• International Convention for the Prevention of Pollution from Ships, 1973/78 (MARPOL);25
• International Convention on the Control of Harmful Antifouling Systems, 2001, (AFS Conven-tion);26
• International Convention for the Control and Management of Ships’ Ballast Water and Sedi-ments, 2004 (BWM Convention); and27
• Hong Kong International Con-vention for the Safe and Envi-ronmentally Sound Recycling of Ships, 2009 (Hong Kong Conven-tion).28
23 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, adopted 29 December 1972 (entered into force 30 August 1975) 1046 UNTS 120, as amended (London Convention). 24 Protocol to the Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter, adopted 7 November 1996 (entered into force 24 March 2006), (1997) 36 ILM 1, as amended (London Protocol). The London Protocol replaced the London Convention for States Parties to both instruments.25 International Convention for the Prevention of Pollution from Ships, adopted 2 November 1973 (not in force), 1340 UNTS 184 as amended by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 1973, adopted 17 February 1978 (entered into force 2 October 1983) 1340 UNTS 61, and the Protocol of 1997 to amend the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978, adopted 26 September 1997 (entered into force 19 May 2005), Can TS 2010 No 14 (MARPOL).26 International Convention on the Control of Harmful Anti-fouling Systems, adopted 5 October 2001 (entered into force in force 17 September 2008) Can TS 2010 No 15, as amended (AFS Convention).27 International Convention for the Control and Management of Ships’ Ballast Water and Sediments, adopted 13 February 2004 (entered into force 8 September 2017), IMO Doc BWM/CONF/36 (16 February 2004), as amended (BWM Convention).28 Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, adopted 15 May 2009 (not yet in force) IMO Doc SR/CONF/45 (19 May 2009) (Hong Kong Convention). 29 International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, adopted 7 July 1978 (entered into force 28 April 1984) 1361 UNTS 2 as amended (STCW Convention).30 Convention on Limitation of Liability for Maritime Claims, adopted 19 November 1976 (in force 1 December 1986) 1456 UNTS 221 as amended by Protocol of 1996 to Amend the Convention on Limitation of Liability for Maritime Claims, 1976, adopted 2 May 1996 (entered into force 13 May 2004) Can TS 2008 No 18 (LLMC).31 International Convention on Civil Liability for Oil Pollution Damage, adopted 29 November 1969 (entered into force 19 June 1975) 973 UNTS 3, as amended by Protocol to Amend the International Convention on Civil Liability for Oil Pollution Damage, 1969, adopted 27 November 1992 (entered into force 30 May 1996) 1956 UNTS 255 (CLC Convention).32 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, adopted 18 December 1971, entered into force 16 October 1978) 1110 UNTS 57, as amended by the Protocol of 1992 to Amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971, adopted 27 November 1992 (entered into force 30 May 1996) 1953 UNTS 330 (IOPC Funds Convention).
(d) Seafarer training
• International Convention on Standards of Training, Certifica-tion and Watchkeeping for Seafa-rers, 1978 (STCW Convention).29
(e) Civil liability and compensation
• Convention on Limitation of Liability for Maritime Claims, 1976 (LLMC);30
• International Convention on Civil Liability for Oil Pollution Damage, 1992 (CLC Convention);31
• International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992 (IOPC Funds Convention);32 Protocol of 2003 to the International Convention on the Establishment of an International
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Fund for Compensation for Oil Pollution Damage, 199233 (IOPC Supplementary Fund);
• International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 and Protocol of 2010 (HNS Convention and Protocol);34 and
• International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001 (Bunker Convention).35
Other IMO conventions, subsidiary instruments and additional official sources are consulted as appropriate. Consideration of selected IMO regulatory codes is tentative at this stage. The application of IMO codes to ships supporting activities in the Area will ultimately depend on the actual classes of ships deployed and their operations and at which time in-depth consideration of pertinent codes will likely be necessary.
2.2 Relationships between instruments
The Vienna Convention provides that ‘as between treaties, the later treaty will prevail to the extent of any incompatibility, unless either treaty specifies that it is subject to the other, in which case the intent of the parties will prevail.’36 However, chronology alone is not sufficient to
determine the relationship of UNCLOS to other instruments. UNCLOS has several important provisions outside Part XI governing the relationship between it and other international agreements, instruments and practices which may have a bearing on identifying and understanding issue areas of interface between the competencies of ISA and IMO.
Article 197 of UNCLOS includes an obligation for States Parties to cooperate on a global basis ‘directly or through competent international organizations, in formulating and elaborating international rules, standards and recommended practices and procedures consistent with this Convention, for the protection and preservation of the marine environment.’ This obligation has been pursued by States Parties inter alia through IMO public and international maritime conventions on the impacts of ships on the marine environment.
Article 237(1) of UNCLOS provides that the provisions of Part XII are without prejudice to ‘the specific obligations assumed by States under special conventions and agreements concluded previously which relate to the protection and preservation of the marine environment and to agreements which may be concluded in furtherance of the
33 Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, adopted 16 May 2003 (entered into force 3 March 2005) Can TS 2010 No 4 (IOPC Supplementary Fund).34 International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, adopted 2 May 1996 (not in force) 35 ILM 1406 as amended by Protocol of 2010 to Amend the International Convention on Liability and Compensation for Damage in connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, adopted on 30 April 2010 (not in force) IMO Doc LEG/CONF.17/10 (4 May 2010) (HNS Convention & Protocol) (consolidated text). 35 International Convention on Civil Liability for Bunker Oil Pollution Damage, adopted 23 March 2001 (entered into force 21 November 2008) Can TS 2010 No 3 (Bunker Convention).36 Vienna Convention (n 8) arts 30(2)-(3).
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37 In the Matter of the South China Sea Arbitration (Republic of the Philippines v. People’s Republic of China), PCA Case No. 2013-19, Award (12 July 2016), at para 237.38 Ibid at para 1090.
general principles set forth in this Convention.’ This provision is relevant for the discussion of IMO conventions concerning pollution from ships and dumping.
Article 311(2) of UNCLOS provides that UNCLOS ‘shall not alter the rights and obligations of States Parties which arise from other agreements compatible with this Convention and which do not affect the enjoyment by other States Parties of their rights or the performance of their obligations under this Convention.’ A recent arbitration award observed that ‘[T]hese provisions mirror the general rules of international law concerning the interaction of different bodies of law, which provide that the intent of the parties to a convention will control its relationship with other instruments.’37
UNCLOS also contains rules of reference by virtue of which other rules of international law, such as those contained in IMO conventions, are incorporated into the prescriptions of particular provisions. Through the agency of UNCLOS, such instruments become applicable also to States that are not parties to them. Some of these are directly relevant for this report. For example, in the context of the obligations of the flag State to exercise effective jurisdiction and control over its ships on the high seas, Article 94(5) of UNCLOS provides that in taking the prescribed measures to ensure safety at sea, the flag State ‘is required to conform to generally accepted international
regulations, procedures and practices and to take any steps which may be necessary to secure their observance.’ These include standards established in and under the various IMO conventions identified in this report. A rule of reference to a maritime instrument was recently applied to the COLREGS.38 Provisions in Part XII contain several pertinent rules of reference.
Finally, in the event of disputes, Article 293(1) of UNCLOS further speaks to the relationship between the UNCLOS and other international instruments by providing that ‘[a] court or tribunal having jurisdiction under this section shall apply this Convention and other rules of international law not incompatible with this Convention.’
2.3 The notion of ‘compe-tent international orga-nization’
The relationship between UNCLOS and other international instruments has implications for competencies of international organizations. UNCLOS assigns tasks to competent international organizations in numerous provisions aimed at facilitating cooperation among States Parties. The provisions make various uses of the terms ‘competent international organizations’, ‘appropriate international organizations’, ‘international organizations’ and ‘specialized agencies’, among other references and occasionally particular organizations are named. In a study conducted by the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) pursuant to its role as secretariat responsible for UNCLOS, and following consultations with relevant international organizations, a matrix was prepared to identify international organizations having
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competencies with respect to specific provisions of UNCLOS.39 The matrix is not described as authoritative, but as indicative to facilitate understanding and acknowledges that other international organizations may acquire competencies in the future.40 In fact, it does not cover all provisions of UNCLOS, examples of which, for the purposes of identifying interfaces in this report, include the Articles 145, 146 and 235.
Not all organizations perform the same roles. Some references are made to ‘the’ competent international organization on specific issues, suggesting a lead role for a particular organization. Particular organizations are explicitly or implicitly assigned regulatory responsibilities or the taking of measures, entailing the possibility that they will have instruments to administer in relationship to UNCLOS. Other organizations have competence on an issue addressed by a UNCLOS provision and may only have a consultative or advisory role.
ISA and IMO are ‘competent international organizations’ with respect to tasks assigned to them by UNCLOS. As observed at the outset of this report, ISA is ‘the’ competent international organization with respect to activities in the Area and is specifically named in numerous provisions. In comparison, IMO is ‘the’ competent international organization with respect to international shipping and dumping of wastes at sea and its competencies in UNCLOS are referred to implicitly, rather than by name. In fact, IMO is referred to by name in UNCLOS only once.41 Accordingly, in referring to the respective
39 ‘“Competent or Relevant International Organizations” under the United Nations Convention on the Law of the Sea’, Law of the Sea Bulletin No. 31, at 79-95, online: <http://www.un.org/depts/los/doalos_publications/LOSBulletins/bulletinpdf/bulletinE31.pdf> (DOALOS Report).40 Ibid Introductory Note at 79.41 UNCLOS (n 1) annex VIII, art 2(2) concerning the maintenance of a list of experts for arbitration.42 Ibid art 235(3).43 Ibid art 134(2).44 Ibid.45 Ibid art 1(1)(3).
competencies of the two organizations, it is important to bear in mind that ISA, as a ‘statutory creation’ in UNCLOS, is usually named as the competent organization in specific provisions, whereas IMO’s role is usually inferred by reason of the subject-matter of the provisions concerned. There are also provisions where the role of ISA as a competent international organization, although not mentioned by name, can be inferred.42
2.4 The notion of ‘activities in the Area’
2.4.1 Functions of the termIn understanding what is comprehended by ‘activities in the Area’, it is useful to point out the functions that appear to be performed by the phrase used as a legal term in the context of Part XI. First, by defining the scope of activities the term sets out the nature and boundaries of the legal regime of the Area.43 Second, it serves to identify the activities captured by the common heritage of mankind and provides a basis for distinguishing these from other activities on the high seas that are not subject to the common heritage of mankind principle, such as the laying of submarine cables. Third, the term serves to inform the spatial and functional scope of ISA’s mandate. Fourth, it serves to identify the subject-matter of seabed mining regulation.
2.4.2 Meaning of the term
‘Activities in the Area’ are governed by Part XI of UNCLOS.44 The term is defined as ‘all activities of exploration for, and exploitation of, the resources of the Area’.45
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46 Ibid art 133(a). The ITLOS commented on these definitions. Seabed Advisory Opinion (n 3) para 82.47 UNCLOS (n 1) art 133(b).48 Seabed Advisory Opinion (n 3) at para 84.49 Ibid.50 Ibid at para 85.51 Ibid at para 86.52 UNCLOS (n 1) annex III, art 17(2) f).53 Seabed Advisory Opinion (n 3) at para 87.
UNCLOS does not define ‘exploration’ and ‘exploitation’, but the word ‘resources’ is defined to mean ‘all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed, including polymetallic nodules’46 and ‘when recovered from the Area are referred to as “minerals”’.47
The Seabed Advisory Opinion observed that other UNCLOS provisions may assist in developing an understanding of what is comprehended by ‘activities in the Area.’ Annex 1 sets out the Chamber’s understanding of the term. The Chamber referred to the Part XI mandate of the Enterprise to carry out activities in the Area ‘as well as the transporting, processing and marketing of minerals recovered from the Area’ (emphasis added) in Article 1(1) of Annex IV.48 The Chamber observed a distinction between the Enterprise’s Part XI mandate and the Enterprise’s Annex IV activities with the effect that the latter activities are not included in the former.49 The Chamber further observed that
Article 145 of UNCLOS … which prescribes the taking of “[n]ecessary measures . . . with respect to activities in the Area to ensure responsibilities and obligations of States with respect to effective protection for the marine environment from harmful effects which may arise from such activities”, indicates the activities in respect of which ISA should adopt rules, regulations and procedures. These activities include: “drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities”. In the view of the Chamber, these activities are included in the notion of “activities in the Area”.50
The Chamber further noted that ISA’s marine environmental regulatory power provides further indications.51 Set out in a provision in Annex III, this power reads as follows:
Rules, regulations and procedures shall be drawn up in order to secure effective protection of the marine environment from harmful effects directly resulting from activities in the Area or from shipboard processing immediately above a mine site of minerals derived from that mine site, taking into account the extent to which such harmful effects may directly result from drilling, dredging, coring and excavation and from disposal, dumping and discharge into the marine environment of sediment, wastes or other effluents.52 (emphasis added)
This analysis led the Chamber to conclude that the above and other provisions confirm that processing on land to extract metals from minerals and transportation of minerals on the high seas are excluded from the notion of activities in the Area. The purpose of those provisions is to set out lists of activities producing harmful effects from activities in the Area.
These lists may be seen as an indication of what the Convention considers as included in the notion of “activities in the Area”. These activities include: drilling, dredging, coring, and excavation; disposal, dumping and discharge into the marine environment of sediment, wastes or other effluents; and construction and operation or maintenance of installations, pipelines and other devices related to such activities.53
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54 Ibid at para 88, in referring to UNCLOS (n 1), annex III, art 17(2)(f).55 Nodules Regulations (n 10) reg 1(3)(b) and (a); Sulphides Regulations, (n 11) reg 1(3)(b) and (a):“Exploration” means searching for deposits of polymetallic nodules in the Area with exclusive rights, the analysis of such deposits, the testing of collecting systems and equipment, processing facilities and transportation systems, and the carrying out of studies of the environmental, technical, economic, commercial and other appropriate factors that must be taken into account in exploitation.“Exploitation” means the recovery for commercial purposes of polymetallic nodules in the Area and the extraction of minerals therefrom, including the construction and operation of mining, processing and transportation systems for the production and marketing of metals.56 Seabed Advisory Opinion (n 3) at paras 91-92.57 Ibid para 93. The Chamber observed that “The aforementioned articles of the Convention and of Annexes III and IV, all belong to the same legal instrument. They were negotiated by the same parties and adopted at the same time. It therefore seems reasonable to assume that the meaning of an expression (or the exclusion of certain activities from the scope of that expression) in one provision also applies to the others. The Regulations are instruments subordinate to the Convention, which, if not in conformity with it, should be interpreted so as to ensure consistency with its provisions. They may, nevertheless be used to clarify and supplement certain aspects of the relevant provisions of the Convention.’ Ibid.58 Ibid para 94.59 Ibid para 95.60 Ibid para 96.61 Ibid at para 98.
The Chamber observed that ‘shipboard processing immediately above a mine site of minerals derived from that mine site’ is considered as part of the same kind of activities that may produce harmful effects in the Area.54
The Chamber then proceeded to analyze identical provisions defining exploration and exploitation in the Nodules Regulations55 and Sulphides Regulations in which it observed that the notion of ‘exploration’ appeared to be broader than ‘activities in the Area’ as set out in Annex IV of UNCLOS, as the regulations on exploration included the ‘testing of processing facilities and transportation systems and in that of exploitation, the construction and operation of processing and transportation systems.’56 In giving primacy to the narrower provisions of UNCLOS over the broader provisions of the regulations,57 the Chamber determined that (a) exploration and exploitation include the recovery of minerals from the seabed and lifting them to the surface,58 (b) activities separating water from minerals, separation of minerals and disposal at sea are included in activities of the Area, whereas processing is excluded,59 (c) transportation in situ (connected with
extraction and lifting) between installations and vessels on the high seas above the Area is included in activities in the Area, whereas transportation ex situ to unloading points on land is clearly excluded to avoid conflict with the high seas regime.60 Effectively, the Chamber read down the scope of application of the exploration regulations. This is important as it helps guide an important aspect of the interface between the respective competencies of ISA and IMO.
Finally, the Chamber noted that prospecting, which does not require State Party sponsorship, is not included in activities in the Area. UNCLOS and the Nodules and Sulphides Regulations (and for that matter also the Cobalt Regulations) distinguish this activity from exploration and exploitation. However, the Chamber observed that ‘considering that prospecting is often treated as the preliminary phase of exploration in mining practice and legislation, the Chamber considers it appropriate to observe that some aspects of the present Advisory Opinion may also apply to prospecting.’61
In summary, ‘activities in the Area’ generally refer to exploration and exploitation of
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62 Ibid art 138.
non-living resources on the seabed and subsoil of the Area and more specifically comprise of:• drilling, dredging, coring, and
excavation and lifting minerals to the surface;
• separating water from minerals;• disposal, dumping and discharge into
the marine environment of sediment, wastes or other effluents;
• in situ transportation, such as between an installation and a vessel; and
• construction and operation or maintenance of installations, pipelines and other devices related to such activities.
For the purposes of this report, it is useful to underscore that activities in the Area may be supported or complemented by other activities regulated by other competent international organizations, potentially producing an interface between competencies. In fact, the conduct of State Parties in the Area is expressly governed
by Part XI, UN Charter principles and other rules of international law, which include, inter alia, applicable international maritime conventions.62
2.5 The notion of ‘interface’ of competencies with respect to activities in the Area
While the Seabed Advisory Opinion is helpful in providing a conceptual framework for determining the meaning of ‘activities in the Area’ and identifying the consequential regulatory responsibilities for ISA, for the purposes of this report, it is necessary to overlay other regimes. In particular, shipping, including international shipping as regulated (primarily) by IMO, is expected to provide support for activities in the Area. Also relevant in some respects is the regime for the dumping of wastes at sea whose scope is broader than shipping, but for which, outside activities in the
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Area, IMO performs secretariat functions. The activities in the Area identified by the Seabed Disputes Chamber require the use of installations and ships as platforms for safe prospecting, exploration and exploitation and they will produce a range of operational wastes and further may interact with other navigational uses.
A variety of classes of vessels will be used to conduct activities in the Area or to provide support services and they may be registered in the sponsoring State or in another flag State. If the vessels are engaged on international voyages, that is the port of departure and port of arrival are not ports in the same State, a variety of international maritime rules and standards will apply to those ships depending on the instrument concerned. Vessels will also be used on cabotage service, which is domestic shipping with ports of departure and return in the same State. Although a range of rules and standards apply to these vessels, the sponsoring State as the cabotage jurisdiction would likely need to consider the extension of the full range of rules and standards applicable to international shipping. The applicable regulations concern maritime safety, environment protection, labour standards and seafarer training. Maritime security regulation may also be applicable. There will likely be new classes of ships which might necessitate the adaptation of existing or
adoption of new international standards. Otherwise the range of vessels subject to maritime regulation include transport (e.g., bulk carriers), special purpose ships, offshore supply vessels (OSV), as well as offshore installations (e.g., drillships, semi-submersibles, platforms, etc., as mobile offshore drilling units – MODUs). Special purpose ship is defined as ‘a ship of not less than 500 gross tonnage which carries more than 12 special personnel, i.e., persons who are specially needed for the particular operational duties of the ship and are carried in addition to those persons required for the normal navigation, engineering and maintenance of the ship or engaged to provide services for the persons carried on board.’63 MODU is defined as ‘a vessel capable of engaging in drilling operations for the exploration for or exploitation of resources beneath the seabed such as liquid or gaseous hydrocarbons, sulphur or salt.’64 Not all aspects and activities of MODUs are necessarily subject to IMO regulation. For example, whereas construction of MODUs is subject to an IMO standard, the activity of drilling on board is not. Similarly, whereas the seafaring crew of a drillship are subject to STCW requirements, the drilling crew are not. However, it is arguable that the International Labour Organization (ILO)’s Maritime Labour Convention, 2006 (MLC), would apply to the crew of a drillship.65 The vessels employed may be manned
63 Code of Safety for Special Purpose Ships, adopted by Maritime Safety Committee Resolution MSC.266(84) on 13 May 2008 (SPS Code), reg 3.64 Code for the Construction and Equipment of Mobile Offshore Drilling Units, adopted by Assembly Resolution Res.A.1023(26) on 2 December 2009 (MODU Code), reg 1.3.65 This convention defines ‘seafarer’ as ‘any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies.’ Maritime Labour Convention, adopted 23 February 2006 (entered into force 20 August 2013), Can TS 2013 No 16 (MLC), art II(1)(f). The designation would apply if the place of work of the drill worker is a ‘ship’. In case of doubt as to whether the MLC applies to drill workers, or for that matter workers employed in seabed mining and working on board of vessels conducting activities in the Area, the MLC leaves a State Party some latitude. Art II(3) provides that ‘[I]n the event of doubt as to whether any categories of persons are to be regarded as seafarers for the purpose of this Convention, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned with this question.’ Additionally, art II(5) provides ‘[I]n the event of doubt as to whether this Convention applies to a ship or particular category of ships, the question shall be determined by the competent authority in each Member after consultation with the shipowners’ and seafarers’ organizations concerned.’
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or unmanned, remotely operated or automated or autonomous, and for which there are IMO as well as industry standards. There will also be a range of other technologies, not easily captured by the definition of ‘ship’ if at all, such as seabed excavators, collectors and pipelines. They are not addressed by IMO regulations and might raise new regulatory challenges for ISA. Submersibles are covered in some respects (e.g., for pollution prevention in MARPOL), but not in the COLREGS. The latter generally apply to surface vessels and should there be a substantial growth in the use of submersibles, potential interactions between surface and subsurface vessels might also increase. With the limited exception of a COLREGS rule concerning visibility of lights on inconspicuous partly submerged vessels,66 at this time there are no international rules and standards to guide such interactions.
The consequence of using ships and installations to support activities in the Area is that two different regimes in UNCLOS, deep seabed mining in Part XI and navigation and shipping (which cuts across UNCLOS), are juxtaposed
and overlaid. Moreover, the regime for activities in the Area may interface with the more general regime for dumping at sea.
The notion of ‘interface’ in this report is used where there is actual or potential in-teraction of the different regimes and con-sequential competencies. Identification of an interface is not per se indicative of lead or supportive roles. As the DOALOS report illustrates,67 there are numerous provisions in UNCLOS where multiple organizations are competent with respect to the same provision. This means that various organi-zations have something to contribute be-cause their mandates and expertise posi-tion them to facilitate the purposes of the provision and possibly as instruments of inter-State cooperation. Determination of distribution of responsibilities requires, first and foremost, further textual interpre-tation to ascertain if the intent of the provi-sion is to assign the lead role, for example by expressly naming the competent or-ganization or by using the definite article (‘the’) in referring to competent organi-zation by function, and the context of the provision.
66 COLREGS (n 18) rule 22(d). The rule prescribes ‘In inconspicuous, partly submerged vessels or objects being towed; a white all-round light, 3 miles.’67 DOALOS Report (n 39).
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3. MANDATE OF THE INTERNATIONAL SEABED AUTHORITY
The ISA was formally established by UNCLOS in Part XI and all 168 Parties to date are ipso facto members.68 The ISA is set up as ‘the organization’ through which States Parties shall ‘organize and control activities in the Area’69 on behalf of mankind in accordance with Part XI and the 1994 Agreement.70 As a creature of UNCLOS, ISA’s powers and functions are limited to those expressly conferred.71 However, UNCLOS and the 1994 Agreement also provide for incidental powers. Reflecting a UNCLOS provision,72 the 1994 Agreement
provides that ‘[T]he Authority shall have such incidental powers, consistent with the Convention, as are implicit in, and necessary for, the exercise of those powers and functions with respect to activities in the Area.’73
The rights in the resources of the Area are vested in mankind and may not be alienated. It is only the minerals recovered from the Area that may be alienated and only in accordance with Part XI and the rules, regulations and procedures of ISA.74
68 UNCLOS (n 1) art 156(1)-(2).69 Ibid art 157(1); Implementation Agreement (n 2) annex, s 1(1).70 UNCLOS (n 1) arts 137(2) and 153(1).71 Ibid art 157(2).72 ‘The Authority shall have such incidental powers consistent with this Convention, as are implicit in and necessary for the exercise of those powers and functions with respect to activities in the Area.’ Ibid art 157(2).73 Implementation Agreement (n 2), Annex, Section 1, para 1. Compared to UNCLOS art 157(2), the Implementation Agreement provision uses the same text, but employs more commas to break up the clauses, possibly for emphasis as well as better sentence structure.
Photo: ISA
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Activities in the Area are to be carried out for the benefit of mankind and ISA is mandated to provide equitable sharing criteria for this purpose.75 UNCLOS provides for activities in the Area to be guided by a range of policies aiming at specified outcomes. Policies having specific relevance to this report include those related to resource development and the orderly, safe and rational resource management and the efficient conduct of activities to avoid unnecessary waste.76 The ISA is also to be guided by a production policy, whose parameters are articulated in the 1994 Agreement and is to be guided by sound commercial principles and international trade law.77 The ISA’s policy concerning economic assistance to developing countries whose export earnings suffer as a result of activities in the Area is further guided by the 1994 Agreement.78 In exercising its powers and functions, ISA shall avoid discrimination, including in the granting of opportunities in the Area; however, special consideration of developing countries (and particular consideration of land-locked and geographically disadvantaged States among them) is permitted as specifically provided in Part XI.79
The activities in the Area are organized, carried out and controlled by ISA.80 The actual exploration and exploitation activities are to be carried out by the Enterprise (when operational) and ‘in association with ISA by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, when sponsored
by such States, or any group of the foregoing which meets the requirements’ provided in Part XI and Annex III.81 Activities in the Area are required to be carried out in accordance with a formal plan of work complying with Annex III, reviewed by the Legal and Technical Commission (LTC) and approved by the Council. Where the activities are to be carried by the entities specified in UNCLOS, the plan of work will be in the form of a contract and may include joint arrangements.82
As seen in the above discussion of the Seabed Advisory Opinion’s understanding of ‘activities in the Area’, ISA has broad powers to accomplish its mandate:
4. The ISA shall exercise such control over activities in the Area as is necessary for the purpose of securing compliance with the relevant provisions of this Part [Part XI] and the Annexes relating thereto, and the rules, regulations and procedures of the ISA, and the plans of work approved ...
5. The ISA shall have the right to take at any time any measures provided for under this Part to ensure compliance with its provisions and the exercise of the functions of control and regulation assigned to it thereunder or under any contract. The ISA shall have the right to inspect all installations in the Area used in connection with activities in the Area.83
It has extensive regulatory power under Article 160. In Annex III, UNCLOS further
74 UNCLOS (n 1) art 137(2).75 Ibid art 140.76 Ibid art 150(a)-(b).77 Implementation Agreement (n 2, Annex, Section 6; UNCLOS (n 1) art 151, subject to Implementation Agreement, Annex, Section 6.78 Implementation Agreement (n 2), Annex, Section 7.79 UNCLOS (n 1) art 152.80 UNCLOS (n 1) art 153(1).81 Ibid art 153(2).82 Ibid art 153(3).83 Ibid.
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expounds on ISA’s power to adopt and uniformly apply rules, regulations and procedures84 in exercising its functions on a number of matters and include, inter alia:
Rules, regulations and procedures shall be drawn up in order to secure effective protection of the marine environment from harmful effects directly resulting from activities in the Area or from shipboard processing immediately above a mine site of minerals derived from that mine site, taking into account the extent to which such harmful effects may directly result from drilling, dredging, coring and excavation and from disposal, dumping and discharge into the marine environment of sediment, wastes or other effluents.85
The structures of ISA are the Assembly, as the supreme organ consisting of the entire membership; the Council as the executive organ; the Secretariat; and the Enterprise as the organ through which ISA undertakes activities in the Area directly. The subsidiary organs of the Council are the Economic Planning Commission,86 the LTC87 and the Finance Committee.88 The 1994 Agreement stipulates an ‘evolutionary’ approach to the operationalization of ISA’s organs and subsidiary bodies, guided by cost-effectiveness. For this purpose, the 1994 Agreement provided for the initial performance of the functions of the
Economic Planning Commission by the LTC ‘until such time as the Council decides otherwise or until the approval of the first plan of work for exploitation’.89 Unlike the other two subsidiary organs, the Finance Committee was established by the 1994 Agreement.90
The organs have specific powers and functions that are pertinent to this report. The Assembly has the power to adopt general policies on any matter within ISA’s competence, in conformity with UNCLOS, and, inter alia, to approve the Council’s recommendations of rules, regulations and procedures.91 These include regulations and procedures relating to, inter alia, prospecting, exploration and exploitation in the Area.92 The Assembly is empowered to undertake a general and systematic review of the operation in practice of the regime of the Area every five years since the entry into force of UNCLOS.93 The Council has ‘the power to establish, in conformity with this Convention and the general policies established by the Assembly, the specific policies to be pursued by the Authority on any question or matter within the competence of the Authority’.94 Further, it has the responsibility to ‘supervise and coordinate the implementation of the provisions of this Part on all questions and matters within the competence of ISA and invite the attention of the Assembly to cases of noncompliance.’95 The Council approves plans of work96 and has the power to ‘exercise control over activities
84 Ibid annex III, art 17(2)(1).85 Ibid annex III, art 17(2)(f).86 Ibid art 164. Members have qualifications in mining, management of mineral resource activities, international trade or international economics. This Commission is not operational.87 Ibid art 165. Members have qualifications and expertise on exploration, exploitation and processing of mineral resources, oceanology, marine environment protection, economic and legal matters relating to ocean mining and related fields of expertise.88 Implementation Agreement (n 2), Annex, Section 9.89 Ibid annex, Section 1, para 4. 90 Ibid annex, Section 1, para 1. Members have qualifications and expertise in financial matters.91 Ibid art 160(1)-(2)(f).92 Ibid art 160(2)(f)(ii).93 Ibid art 154.94 Ibid art 162(1).
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in the Area in accordance with article 153, paragraph 4, and the rules, regulations and procedures of the Authority’.97 The Assembly and the Council also have the power to request advisory opinions from the Seabed Disputes Chamber ‘on legal questions arising within the scope of their activities.’98 The LTC has terms of reference that include regulatory tasks pertinent to this report. In particular, the LTC is tasked to:
(a) formulate and submit to the Council the rules, regulations and procedures referred to in article 162, paragraph 2(o) of UNCLOS, taking into account all relevant factors including assessments of the environmental implications of activities in the Area;
(b) keep such rules, regulations and procedures under review and recommend to the Council from time to time such amendments thereto as it may deem necessary or desirable.99
The Finance Committee plays a vital role in advising the Assembly and Council. For example, the decisions of the Assembly
and Council concerning draft financial rules, regulations and procedures of the organs shall take into account the recommendations of the Finance Committee.100
In addition to its mining regulatory mandate, ISA has been allocated various other responsibilities and powers to enable it to address specific concerns pertinent to activities in the Area, such as consulting with affected coastal States,101 marine scientific research,102 technology transfer,103 protection of the marine environment,104 protection of human life105 and accommodation of activities.106 The latter three are of particular relevance in exploring areas of potential interface between ISA’s and IMO’s competencies in the Area and are discussed in detail below.In addition to the development of primary rules on the protection of the marine environment of the Area, ISA, as well as IMO, appears to have implicit competence to facilitate inter-State cooperation on the development of secondary rules concerning responsibility and liability, also discussed below.107
95 Ibid art 162(2)(a).96 Implementation Agreement (n 2) section 3(11)(a), read together with section 1(6)-(11) in accordance with UNCLOS (n 1) annex III, art 6.97 Ibid art 162(2)(l).98 Ibid at art 191.99 Ibid art 165(2).100 Implementation Agreement (n 2), Annex, Section 9, para 7(a).101 UNCLOS (n 1) art 142.102 Ibid art 143(2)-(3).103 Ibid art 144; Implementation Agreement (n 2), annex, section 5(1).104 UNCLOS (n 1) art 145.105 Ibid art 146.106 Ibid art 147.107 Ibid art 235(3).
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4. MANDATE OF THE INTERNATIONAL MARITIME ORGANIZATION
IMO was created as a specialized agency of the United Nations in 1948.108 Today IMO has 174 member States and three associate members. Its structure includes the Assembly, Council, Secretariat and five committees, of which the most significant for this report are the Maritime Safety Committee (MSC) and Marine Environment Protection Committee (MEPC) together with their subcommittees, and the Legal Committee (LEG).
To identify where and how IMO’s competencies in international navigation and shipping might interface with ISA’s with respect to activities in the Area, it is necessary to set out the main sources of purposes and functions for which IMO is responsible and to consider these in turn. They arise from several instruments, including:
(a) the general mandate set out in its constitutive instrument, i.e., IMO Convention;
(b) international maritime conventions delegating a function to IMO for their maintenance and development of subsidiary instruments; and
(c) specific provisions in UNCLOS implying a thematic function for IMO
as ‘the’ or ‘a’ competent international organization.109
The purposes and functions in (a) consist of the core mandate of IMO as an instrument of cooperation among its member States. Under IMO's Convention, IMO has a broad mandate:
To provide machinery for co-operation among Governments in the field of governmental regulation and practices relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage and facilitate the general adoption of the highest practicable standards in matters concerning the maritime safety, efficiency of navigation and prevention and control of marine pollution from ships; and to deal with administrative and legal matters related to the purposes set out in this article.110
The mandate has expanded significantly since IMO was established and today covers virtually every regulatory aspect of international shipping. Other aspects of shipping, including the private international law of carriage of goods by sea, are addressed by yet other international organizations.111 IMO’s powers include,
108 IMO Convention (n 16).109 These functions are discussed in depth by Aldo Chircop, ‘The International Maritime Organization’, in D.R. Rothwell, A. Oude Elferink, K.N. Scott & T. Stephens (eds), Oxford Handbook on the Law of the Sea (Oxford: Oxford University Press, 2015), 416-438.110 IMO Convention (n 16) art 1(a). This provision is the basis for the mission in the IMO strategic plan. See Strategic Plan for the Organization (2018-202), Assembly Resolution A.1110(30) adopted 8 December 2017.111 Namely the United Nations Commission on International Trade Law (UNCITRAL) and United Nations Conference on Trade and Development (UNCTAD).
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inter alia, provision for the ‘the drafting of conventions, agreements, or other suitable instruments, and recommend these to governments and to intergovernmental organizations, and convene such conferences as may be necessary.’112 IMO is also empowered to consider and make recommendations on matters remitted to it by any intergovernmental organization,113 such as ISA.
With respect to the functions in (b), IMO has adopted and/or oversees over 50 international conventions and protocols on maritime safety, environment protection, maritime security, trade facilitation, and civil liability and compensation.114 These instruments include the principal international maritime conventions considered in this report and which delegate secretariat and other functions to IMO. Most importantly, the maritime safety and environmental conventions
enable IMO, through the MSC and MEPC, to maintain oversight of those instruments and provide for their amendment and adoption of further subsidiary instruments, such as mandatory and voluntary codes, guidelines and resolutions. These instruments provide substantive content to the jurisdictional schemes and prescriptions for cooperation on international navigation and shipping in UNCLOS, as well as helping maintain public order on the high seas. The LEG Committee similarly oversees the conventions on civil liability.
The functions in (c) concern the regulatory role IMO plays in an implicit manner through several rules of reference in several UNCLOS provisions. These are summarized in Annex 2. With respect to high seas areas, and of relevance to activities in the Area, the role of IMO competencies is particularly visible in Part
112 IMO Convention (n 16) art 2(b).113 Ibid art 2(a).114 See Comprehensive Information on the Status of Multilateral Conventions and Instruments in Respect of which the International Maritime Organization or its Secretary-General Performs Depositary or other Functions (IMO, 21 February 2019), online: <http://www.imo.org/en/About/Conventions/StatusOfConventions/Documents/Status%20-%202019.pdf>.
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VII of UNCLOS in setting the international standards and rules against which flag State obligations are benchmarked. Flag States enjoy exclusive jurisdiction over their ships on the high seas and have a due diligence obligation to exercise effective jurisdiction and control in administrative, technical and social matters.115 This obligation includes: ‘manning of ships, labour conditions and the training of crews, taking into account the applicable international instruments’,116 which consist of the STCW Convention and the MLC117; ensuring safety at sea by taking measures so that the ‘master, officers and, to the extent appropriate, the crew are fully conversant with and required to observe the applicable international regulations concerning the safety of life at sea, the prevention of collisions, the prevention, reduction and control of marine pollution, and the maintenance of communications by radio’,118 essentially referring to rules in several IMO conventions including, STCW, SOLAS, COLREGS, SAR, MARPOL, AFS and BWM; and in taking ‘the measures called for in paragraphs 3 and 4 [which include all of the above as well as: ship construction, equipment, and seaworthiness; preliminary and regular surveying of ships; on board charts, nautical publications and equipment; ship in charge of qualified master, officers and sufficient crew] each State is required to conform to generally accepted international regulations, procedures and practices’,119 implicitly referring to the above maritime conventions again.
Other rules of reference in Part XII of UNCLOS engage IMO general competence in the protection and preservation of the marine environment from vessel-source pollution, potentially
115 UNCLOS (n 1) art 94(1).116 Ibid art 94(3).117 MLC (n 65).118 Ibid art 94(4).119 Ibid art 94(5).120 Ibid art 211(1).121 Ibid art 211(2).122 Ibid art 211(7).
interfacing with ISA competence when vessels are used to support activities in the Area. Article 211 concerning pollution from vessels contains rules of reference to IMO conventions. The opening provision sets out a general duty for States, but also a general mandate for IMO:
States, acting through the competent international organization or general diplomatic conference, shall establish international rules and standards to prevent, reduce and control pollution of the marine environment from vessels and promote the adoption, in the same manner, wherever appropriate, of routeing systems designed to minimize the threat of accidents which might cause pollution of the marine environment, including the coastline, and pollution damage to the related interests of coastal States. Such rules and standards shall, in the same manner, be re-examined from time to time as necessary.120 (emphasis added)
‘Vessel’ and ‘ship’ are not defined in UNCLOS and reliance is placed on the definitions attached to these for specific purposes in the various IMO conventions. flag States are expected to legislate standards for their ships that ‘have the same effect as that of generally accepted international rules and standards established through the competent international organization or general diplomatic conference.’121 UNCLOS further requires that international rules under this provision include prompt notification of coastal States whose interests are affected by a casualty.122 Thus, insofar as ships are concerned, IMO has competence to adopt international, rules, regulations and standards for
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vessel-source pollution, as well as routeing systems to prevent accidents. This provision is nourished by several IMO conventions, including MARPOL (all annexes), the BWM Convention and the AFS Convention, including their codes and related guidelines, generally providing duties for flag States and standards for their ships.
Flag States have a duty to legislate atmospheric pollution from their ships, wherever they are, ‘taking into account internationally agreed rules, standards and recommended practices and procedures …’123 and for all States ‘acting especially through competent international organizations or diplomatic conference’ to endeavour to adopt global rules, standards and recommended practices and procedures’ for such pollution.124 There is a similar obligation to legislate to enable enforcement by implementing ‘applicable international rules and standards established through competent international organizations or diplomatic conference’ for such pollution. The principal IMO instrument nourishing this provision is MARPOL Annex VI, which plays a vital role in regulating a range of harmful emissions from ships.
Article 210(4) of UNCLOS concerning pollution by dumping, defined comprehensively in Article 1(5) of
UNCLOS,125 allocates roles to competent international organizations, including IMO, rather than to a single organization, as follows:
States, acting especially through competent international organizations or diplomatic conference, shall endeavour to establish global and regional rules, standards and recommended practices and procedures to prevent, reduce and control such pollution. Such rules, standards and recommended practices and procedures shall be re-examined from time to time as necessary.
Consistently, the exercise of legislative jurisdiction by States ‘shall be no less effective in preventing, reducing and controlling such pollution than the global rules and standards.’126 Similarly, the exercise of enforcement jurisdiction in Article 216 of UNCLOS includes an obligation for the flag State to enforce, inter alia, ‘applicable international rules and standards established through competent international organizations or diplomatic conference for the prevention, reduction and control of pollution of the marine environment by dumping.’127 This obligation also applies to any other State (for example the sponsoring State and other States receiving minerals from the Area) ‘with regard to acts of loading of wastes or other matter occurring within its
123 Ibid art 212(1).124 Ibid art 222.125 Ibid art 1(5):(a): ‘ “dumping” means:(i) any deliberate disposal of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea;(ii) any deliberate disposal of vessels, aircraft, platforms or other man-made structures at sea;(b) “dumping” does not include:(i) the disposal of wastes or other matter incidental to, or derived from the normal operations of vessels, aircraft, platforms or other man-made structures at sea and their equipment, other than wastes or other matter transported by or to vessels, aircraft, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, air-craft, platforms or structures;(ii) placement of matter for a purpose other than the mere disposal thereof, provided that such placement is not contrary to the aims of this Convention.126 Ibid art 210(6).127 Ibid art 216(1).128 Ibid art 216(1)(c).
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territory or at its off-shore terminals.’128 The London Convention and London Protocol establish regulatory regimes for dumping at sea and serve to nourish Articles 210 and 216 of UNCLOS with detailed prescriptions. While they recognize roles for competent international organizations and agencies, the two instruments allocate to IMO the function of secretariat.129 The London Protocol expressly designates IMO as ‘the’ competent organization and provides it with a dedicated mandate and several responsibilities throughout the
instrument.130 The secretariat functions are not regulatory131 and the responsibility for amending the two instruments resides with consultative or special meetings of Contracting Parties.132 The London Convention has a definition of dumping consistent with UNCLOS but, together with the London Protocol, excludes ‘disposal of wastes or other matter directly arising from, or related to the exploration, exploitation and associated off-shore processing of seabed mineral resources.’133
129 London Convention (n 23) art XIV(2). First Meeting of Contracting Parties, Resolution LDC (7) Rev 1 adopted on 18 December 1975.130 London Protocol (n 24) arts 1(2) and 19.131 London Convention (n 23) art XIV(3); London Protocol (n 24) art 19.132 London Convention (n 23) art XIV(4)(a).133 Ibid art III(1)(c); London Protocol (n 24) art 1(4)(3).
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5. INTERFACE OF COMPETENCIES AND DIVISION OF RESPONSIBILITIES 5.1 General considerations
In this section the report explores the actual and potential interface between the regimes for deep seabed mining and international navigation and shipping, directly or indirectly with respect to activities in the Area. The section aims to identify the respective competencies of ISA and IMO and division of responsibilities in accordance with their mandates. The earlier survey of the two organizations’ respective mandates, together with the definition of activities in the Area proffered by the Seabed Advisory Opinion serve as backdrop.
5.2 Maritime safety
5.2.1 Promotion of human safety in the Area
Article 146 of UNCLOS empowers ISA to ‘adopt appropriate rules, regulations and procedures to supplement existing international law as embodied in relevant treaties’ (emphasis added) as necessary to ensure effective protection of human life with respect to activities in
the Area. The intention of the provision is for ISA to regulate for the protection of human life on safety aspects concerning exploration and exploitation in a manner to complement international regulations already adopted by other organizations. These organizations are IMO, which has extensive maritime safety and seafarer training regulation discussed further below, and ILO concerning occupational health and safety for seafarers, but outside the remit of this report. The definition of ‘seafarer’ in the MLC is comprehensive as to potentially encompass workers involved in activities in the Area.134
The exploration regulations address this topic by delegating the task of assessing whether a plan of work provides for health and safety to the LTC.135 No specific ISA regulations on the topic are referred to as presumably ISA has as yet to develop its own rules on the matter. On the other hand, the standard clauses for exploration contain rules of reference to international safety, labour and health standards, as well as rules that may be adopted at some point by ISA, as in the case of the Sulphides Regulations:
134 ‘Seafarer is defined as ‘any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies’; art II(4): ‘Except as expressly provided otherwise, this Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial activities, other than ships engaged in fishing or in similar pursuits and ships of traditional build such as dhows and junks. This Convention does not apply to warships or naval auxiliaries.’ MLC (n 65) art II(1)(f):135 Nodules Regulations (n 10), reg 21(4); Sulphides Regulations (n 11) reg 23(4); Cobalt Regulations (n 12) reg 23(4).
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ILO. Contractors are required to comply with such international rules and standards.
IMO instruments on maritime safety are premised on the idea that the safety of the ship is central to the assurance of human safety on board and on other ships. The key IMO maritime safety conventions considered in this report (namely SOLAS, LL and COLREGS) will apply to ships and installations registered by flag States and engaged in activities in the Area. The Draft exploitation regulations are clear in requiring compliance by contractors with rules adopted by other competent international organizations.140 COLREGS will be discussed in a separate section below. As observed earlier, in exercising jurisdiction and control over their ships flag States have an obligation to apply IMO and other international standards with respect to their ships. Under the Draft exploitation regulations contractors have a duty to comply with flag State regulations or the sponsoring State as the case may be.141
In general, unless expressly stated otherwise, the SOLAS and LL Conventions apply to ships engaged in international voyages, that is where the port of departure and port of arrival are in different States.142 Ships servicing deep seabed mining departing and returning to the same port are considered domestic shipping (i.e., cabotage) and may not be captured by the SOLAS and LL Conventions. The sponsoring State in whose and from whose ports such ships are operating, and whether the ships are registered under its flag or a foreign flag, has ISA to extend the
15.1 The Contractor shall comply with the generally accepted international rules and standards established by competent international organizations or general diplomatic conferences concerning the safety of life at sea, and the prevention of collisions and such rules, regulations and procedures as may be adopted by the Authority relating to safety at sea. Each vessel used for carrying out activities in the Area shall possess current valid certificates required by and issued pursuant to such international rules and standards.15.2 The Contractor shall, in carrying out exploration under this contract, observe and comply with such rules, regulations and procedures as may be adopted by the Authority relating to protection against discrimination in employment, occupational safety and health, labour relations, social security, employment security and living conditions at the work site. Such rules, regulations and procedures shall take into account conventions and recommendations of the International Labour Organization and other competent international organizations.136 (emphasis added)
The Draft exploitation regulations set out protection of human life as a regulatory principle,137 provide for the adoption of ‘A Health, Safety and Maritime Security Plan’ (in accordance with the regulations’ Annex VI, which has yet to be developed)138 and detailed regulations on ‘Safety, labour and health standards’.139 It appears that at this time both the exploration and Draft exploitation regUlations are relying on international standards for the protection of human life already adopted by IMO and
136 Sulphides Regulations (n 11) reg 15.137 Draft Exploitation Regulations (n 13) draft reg 2(d).138 Ibid draft reg 7(3)(f).139 Ibid draft reg 30.140 Ibid. Draft reg 30 states the requirement of compliance both in implicit and in express terms throughout the provision, for example with respect to seaworthiness, maintenance of class, safety of life at sea, collisions, pollution prevention, treatment of seafarers, certification, and so on.141 Ibid draft reg 30(3).142 For example, SOLAS (n 19) chap 1, reg 1(a) and LL Convention (n 17) annex A, art 2(4).
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application of international regulations to its domestic shipping. This could be a useful regulatory intervention by ISA to ensure that international maritime safety regulations apply to all ships and on all voyages engaged in activities in the Area.
SOLAS is the most important international instrument designed to promote maritime safety by setting minimum technical standards. Most of its regulations are relevant for ships operating in the Area and are accompanied by mandatory codes, recommendations and guidelines. Examples of the principal SOLAS chapters containing likely relevant regulations to highlight include:
• Chapter I: Surveying, documentation and port inspection for all ships. The regulations generally apply to ships on international voyages, unless provided otherwise.143
• Chapter II-1: Ship construction, focusing on subdivision and stability, machinery and electrical installations, including goal-based standards for bulk carriers which would be utilized to transport minerals from the Area.144 These apply to all ships constructed after a specified date, unless a maritime administration provides exemptions for specific rules to its ships.145
• Chapter II-2: Fire protection, fire
detection and fire extinction for all ships. These rules apply to ships constructed after a specified date and for all ships.146
• Chapter III: Life-saving appliances and arrangements according to type of ship. These apply to all ships,147 with provisions for ships built before a specified date.148
• Chapter IV: Radio communications incorporating the Global Maritime Distress and Safety System (GMDSS), including undertakings by States Parties to provide radio communication services.149 These apply to all ships and cargo ships above a specified tonnage.150
• Chapter V: Safety of navigation generally applicable to all ships on all voyages, and including provisions on sufficient manning, adoption of routeing measures, meteorological services, SAR services, carriage of voyage data recorders and automatic identification systems (discussed further under navigation safety below). These apply to all ships on all voyages, unless expressly provided otherwise.151
• Chapter VI: Carriage of cargoes, including solid bulk cargoes such as minerals, and proper stowage to ensure ship stability.152 These apply to ships above a specified tonnage and carrying certain cargoes.153
143 Ibid chap 1, reg 1(a).144 See Goal-based Ship Construction Standards for Bulk Carriers and Oil Tankers means the International Goal-Based Ship Construction Standards for Bulk Carriers and Oil Tankers, adopted by the Maritime Safety Committee by Resolution MSC.287(87) on 20 May 2010.145 SOLAS (n 19), chap II-1, reg 1.146 Ibid chap II-2, reg 1.1.147 See International Life-Saving Appliance (LSA) Code, adopted by the Maritime Safety Committee by Resolution MSC.48(66) on 4 June 1996.148 SOLAS (n 19) chap III, reg 1.149 See International Code of Signals, adopted by Assembly Resolution A.IV/Res.80 on 27 September 1965. SOLAS Chapter IV is also linked to the International Telecommunication Union (ITU)’s Radio Regulations, online: <https://www.itu.int/pub/R-REG-RR-2016>. 150 SOLAS (n 19) chap IV, reg 1.151 Ibid chap V, reg 1.152 See International Maritime Solid Bulk Cargoes Code (IMSBC Code), adopted by Maritime Safety Committee Resolution MSC.268(85) on 4 December 2008.153 SOLAS (n 19) chap VI, reg 1.
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• Chapter VII: Carriage of dangerous goods.154 These apply to all ships and cargo vessels less than a specified tonnage.155
• Chapter IX: Management for the safe operation of ships requiring safety management systems for ships.156 These apply to all ships.157
• Chapter XI-1: Special measures to enhance maritime safety concerning the role of recognized organizations in carrying out surveys and inspections on behalf of the flag State. These concern the designation of recognized organizations by the maritime administration.158
• Chapter XII: Additional safety measures for bulk carriers over 150 metres long. In addition to other regulations, these apply to this particular class of ship.159
• Chapter XIII: Verification of compliance, concerning the mandatory IMO Member State Audit Scheme. These regulations serve to guide the implementation of SOLAS States Parties in executing their obligations and responsibilities.160
The extent to which SOLAS applies to the different classes of ships is set out in each of its chapters. The maritime administration of a flag State may provide exemptions
154 The principal code providing detailed regulation for safe packing, marking, handling and carriage is the mandatory IMDG Code. Other codes apply depending on the cargo carried. 155 SOLAS (n 19) chap VII, reg 1.156 International Management Code for the Safe Operation of Ships and for Pollution Prevention, adopted by Assembly Resolution A.741(18) on 17 November 1993 (ISM Code).157 SOLAS (n 19) chap IX, reg 2.158 Ibid chap XI-1, reg 1.159 Ibid chap XII, reg 2.160 Ibid chap XIII, reg 2.
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from certain rules, for example for ships involving novel technologies to encourage technological development.161 This could be relevant for new technologies developed for activities in the Area.
The SAR dimension in SOLAS is further fleshed out in numerous guidelines and guidance documents, as well as in the SAR Convention. Under the latter convention, States Parties undertake to develop the infrastructure and cooperative arrangements necessary for the provision of SAR services, including the allocation of responsibilities for all marine regions. The measures provided by the SAR Convention include ship reporting systems.162
The LL Convention addresses a longstanding concern regarding the appropriate loading of ships on international voyages, depending on their class and navigation environment. They are relevant for all ships operating in the Area, including vessels that may be loading and transporting minerals. Annex I of this convention provides rules for the determination of the freeboard for safe loading, taking into consideration subdivisions in the hull structure and maintaining stability in damage conditions.163 The rules include seasonal load lines to factor the different navigation conditions of various geographical regions. This means that activities in the Area in different marine regions will have their own load lines under Annex II of this convention. The load lines are marked at different points on the hull exterior. Annex III provides additional safety measures for personnel on board.
Activities in the Area will involve a range of vessels, from conventional ships such as OSVs and bulk carriers, to a range of installations, including floating platforms, floating and submerged structures, submersibles and craft operating on the seabed. In addition to standards for conventional ships, IMO has adopted codes under SOLAS containing standards for MODUs, special purpose ships and OSVs. It may be recalled that Article 147(2)(a) of UNCLOS provides that ‘installations shall be erected, emplaced and removed solely in accordance with this Part and subject to the rules, regulations and procedures of the Authority’, but the provision does not expressly extend ISA’s mandate to regulate construction and equipment requirements. It is useful to point out that IMO has adopted the non-mandatory MODU Code containing recommendations on design criteria, construction standards and safety measures to protect personnel on board and the environment to provide an equivalent level of safety to that provided under SOLAS and the LL Convention.164 Similarly, the Code of Safety for Special Purpose Ships (SPS Code) provides recommendations for design criteria, construction standards and safety measures for such vessels.165 The purpose of the code is to provide safety standards for such vessels and personnel operating them that are equivalent to those available in SOLAS. The SPS Code does not apply to MODUs.166 Also relevant is the Code of Safe Practice for the Carriage of Cargoes and Persons by Offshore Supply Vessels (OSV Code), which applies to vessels ‘used for the transportation of stores, materials, equipment or personnel to, from and
161 Ibid chap 1, reg 4.162 SAR Convention (n 20) annex, chap V.163 See International Code on Intact Stability, adopted by Maritime Safety Committee Resolution MSC.267(85) on 4 December 2008. 164 MODU Code (n 64) preamble.165 SPS Code (n 63) chap 1, reg 1.1166 Ibid reg 1.2.2.
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between offshore installations.’167 Offshore installation is defined as ‘a structure which is, or is to be, or has been used, while standing or stationed in water, or on the foreshore or other land intermittently covered with water.’168 The purpose is to provide operators and contractors with ‘an international standard to avoid or reduce to a minimum the hazards which affect offshore supply vessels’ in their operations and should be considered in implementing a safety management system under the ISM Code.169 The OSV Code also recommends that vessels fitted with dynamic positioning equipment comply with the guidelines.170
In summary, IMO standards cover many of the human safety considerations in regulating activities in the Area and will nourish the various exploration and Draft exploitation regulations. They are updated in response to technological change and lessons learned on a regular basis. It is efficient and makes functional sense for ISA to continue to employ rules of reference in its regulations, as it has in the Draft
exploitation regulations, and standard clauses to IMO standards on protection of human life.
5.2.2 Navigation safety
Navigation safety is addressed by SOLAS Chapter V and COLREGS, each containing numerous regulations and rules that are relevant for operations in the Area. There will be substantial maritime traffic supporting activities in the Area. Chapter V includes several undertakings by States,171 ships’ routeing and reporting, safe manning and equipment,172 and rules for safe navigation.173 Regulation 10 contains recommendations for the use of ship routeing systems by all ships, and may be voluntary or mandatory.174 Routeing is particularly valuable to help organize maritime traffic and indeed has been important for marine spatial planning and area management in regions such as the North Sea, where shipping, offshore oil and gas, cables and pipelines, wind farms, fishing and other ocean users interact.
167 Code of Safe Practice for the Carriage of Cargoes and Persons by Offshore Supply Vessels, Assembly Resolution A.863(20) adopted 27 November 1997 (OSV Code), reg 1.1.3.168 Ibid reg 1.1.5.169 Ibid foreword.170 Ibid reg 1.1.5.171 SOLAS (n 19) Chap V, reg 5: Meteorological services and warnings, consisting of an undertaking by governments to encourage their ships to collect meteorological data (e.g., storm warnings) and for its dissemination to mariners, including in high seas areas. Reg 7: SAR services, consisting of an undertaking by governments to ensure that necessary arrangements are made for distress communication and co-ordination in their area of responsibility and for the rescue of persons in distress at sea around their coasts.172 Ibid: reg 12: shipborne navigational equipment, prescribing various navigational equipment, such as compasses, radar, echo-sounders, radio equipment, etc.; reg 14: ships' manning, requiring that all ships are sufficiently and efficiently manned to maintain safety of life at sea; reg 16: maintenance of equipment, to ensure continued performance; reg 18: approval, surveys and performance standards of navigational systems and equipment and voyage data recorder; reg 19: carriage requirements for shipborne navigational systems and equipment; reg 19-1: long-range identification and tracking of ships, which applies, among other, to cargo ships and MODUs, prescribing AIS and providing for entitlements to access AIS data; reg 20: voyage data recorder, to assist casualty investigations.173 Ibid: reg 21: International Code of Signals and IAMSAR Manual, essential for signalling and SAR; reg 22: navigation bridge visibility; reg 24: use of heading and/or track control systems; reg 25: operation of steering gear; reg 27: nautical charts and nautical publications; reg 28: records of navigational activities and daily reporting; reg 29: life-saving signals to be used by ships, aircraft or persons in distress; reg 31: danger messages; reg 32: information required in danger messages; reg 33: distress situations, obligations and procedures; reg 34: safe navigation and avoidance of dangerous situations; and reg 34-1: master's discretion.174 General Provisions on Ships' Routeing, adopted by Assembly Resolution A.572(14) on 20 November 1985, as amended.
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IMO is recognized as the only international body responsible for developing guidelines, criteria and regulations on an international level for ships’ routeing systems. States refer proposals for routeing measures to IMO for adoption. Once adopted, States have an obligation to adhere to IMO designated routeing measures and their enforcement has to comply with international law, including UNCLOS. Also, potentially relevant is Regulation 11 concerning ship reporting systems (other than for SAR), intended for use by all ships, or certain classes of ships. As in routeing, IMO is recognized as the only international body for developing guidelines, criteria and regulations on an international level for ship reporting systems. States refer proposals to IMO for adoption. The master is required to comply with reporting requirements. Enforcement must comply with international law, including UNCLOS. Ship reporting could be a useful information management and dissemination tool in relation to activities in the Area.
The COLREGS apply to all vessels navigating on the surface of the high seas and connected navigable waters.175 They provide the rules of the road, which are central to good seamanship and maritime safety generally. They are intended for vessels to maintain safe distances and avoid close quarters situations by prescribing actions to avoid collisions. They also prescribe the use of standardized signs and lights to identify vessels by day and night. The rules provide navigation privileges, to define the relationship between stand-on and give-way vessels. They include the term ‘vessel restricted in her ability to manoeuvre’, defined to mean ‘a vessel which from the nature of her work is restricted in her ability to manoeuvre as required by these Rules and therefore is
unable to keep out of the way of another vessel.’176 Other vessels are required to keep out of the way of such vessels. Examples are provided to illustrate the application of the rule and therefore are not exclusive. Although vessels engaged in mining activities are not expressly mentioned, other functions performed by vessels conducting activities in the Area are included, such as ‘a vessel engaged in dredging, surveying or underwater operations’ and ‘a vessel engaged in a towing operation such as severely restricts the towing vessel and her tow in their ability to deviate from their course’.177
In summary, similar observations on navigation safety can be made as in the case of protection of human life. IMO rules for navigation safety not only protect human life, they also promote orderly use of marine spaces. Routeing measures could be useful area-based management tools. Moreover, the navigational rules can help minimize disruptions to mining activities by enabling vessels restricted in their ability to manoeuvre to remain stand-on vessels.
5.2.3 Maritime security
As indicated at the outset in this report, maritime security is not addressed in-depth and should be the subject of detailed treatment. The discussion in this section merely serves to highlight possible security aspects of seabed mining that could be considered further in a future study.
Maritime safety and security at sea may be closely related and in fact have been treated as such by IMO in the SUA Convention and SUA Protocol. In addition to the need to ensure that the ship is a safe working space at sea and is navigated with
175 COLREGS (n 18) rule 1(a).176 Ibid rule 3(g).177 Ibid.
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due regard to the safety of other ships in its vicinity, there is the additional concern that ships may be exposed to security concerns such as armed robbery, piracy and terrorist activity. Ships may carry weapons and may themselves be weaponized. The 1988 SUA Convention and SUA Protocol were specifically designed to address unlawful threats to the safety of navigation of ships and fixed platforms on the continental shelf and, among other, placed a duty on flag States to legislate a range of offences. The SUA Convention defined ship broadly to include ‘a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft.’178
The 1988 Protocol extended protection to fixed platforms defined to mean ‘an artificial island, installation or structure permanently attached to the seabed for the purpose of exploration or exploitation of resources or for other economic purposes.’179 The range of threats addressed include seizure or control over a ship or fixed platform by force or intimidation, acts of violence on board hat endanger safety, destruction of the ship or platform, and so on.180 For ships, the SUA Convention applies ‘if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States.’181 The SUA Protocol applies to fixed platforms on the continental shelf. In 2005 the two instruments were amended to broaden their application to a wider range of threats, including the transportation of weapons of mass destruction (biological, chemical, nuclear).182
The security of vessels, installations and structures engaged in or supporting activities in the Area could be a concern. These operations will take place in remote areas and far from immediate protection or assistance from policing authorities. Interestingly, UNCLOS does not expressly use the term ‘security’ in setting out ISA’s regulatory powers. As observed earlier, in Article 146 of UNCLOS, ISA has a subsidiary regulatory power with respect to protection of human life and this could be interpreted to include concern over the security of personnel involved in activities in the Area. The Draft exploitation regulations establish a requirement for a Health, Safety and Maritime Security Plan, the required content of which has as yet to be developed.183
ISA’s regulation of security aspects, as an integral part of protection of human life, could be interpreted as subsidiary to the regulatory function performed by IMO through the SUA instruments. The SUA Convention is likely applicable to vessels engaged in activities in the Area and flag States that are Parties to SUA have jurisdictional responsibilities. The implications for sponsoring States merit study. However, the SUA Protocol’s limited geographical scope of application on the continental shelf leaves a gap for activities in the Area. This is an area for possible cooperation between ISA and IMO to explore options for extending the protection provided by the SUA Protocol to fixed platforms used in seabed mining in the Area.
178 SUA Convention (n 21) art 1.179 SUA 1988 Protocol (n 22) art 1(3).180 SUA Convention (n 21) art 3; SUA 1988 Protocol (n 22) art 2.181 SUA Convention (n 21 art 4(1).182 SUA Convention as amended by Protocol of 2005 (n 21) art 4(4) amending art 3(2) and introducing art 3bis. Offences were extended to apply mutatis mutandis to the SUA Protocol as amended by Protocol of 2005.183 Draft Exploitation Regulations (n 13) annex VI.
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5.3 Marine environment protection
5.3.1 Operational vessel-source pollution
As observed earlier, Article 145 of UNCLOS, expressly and exclusively empowers ISA to regulate for the prevention, reduction and control of pollution and other hazards to the marine environment from activities in the Area. The provision concerns, inter alia, pollution prevention by referring to ‘harmful effects of drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities.’ These activities may entail the use of ships as platforms for such activities. In such cases, the protection and preservation of the marine environment may necessitate the regulation of harmful wastes and emissions as a direct result of the operation of ships (e.g., sewage, garbage and air emissions), as distinct from harmful effects produced from the activities in the Area as described in Article 145 and as understood by the Seabed Advisory Opinion. The need for pollution prevention from mining and from shipping in the combined or coordinated operation provides a complementary interface of competencies of ISA and IMO.
As seen earlier, Article 94 of UNCLOS requires the flag State to adopt measures with respect to its ships to ensure that
the master and crew are conversant and compliant with applicable international regulations concerning the prevention, reduction and control of pollution, and in doing so must comply with generally accepted international regulations, procedures and practices. This rule of reference implicitly refers to maritime regulations concerning the management, recording and reporting of waste handling on board ships and other operations that produce environmental impacts, such as MARPOL and BWM Conventions.
MARPOL regulates the discharge of harmful substances from ships,184 but expressly excludes dumping within the meaning of the London Convention and the ‘release of harmful substances directly arising from the exploration, exploitation and associated off-shore processing of sea-bed mineral resources.’185 As will be seen later, dumping is addressed in a separate instrument. MARPOL defines ‘ship’ broadly to include ‘a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and fixed or floating platforms,’186 unless the flag State provides an exemption as may be permissible under an annex of MARPOL.187 This definition captures some of the vessels likely to be employed in supporting activities in the Area.
The precise operational wastes and emissions produced by ships supporting seabed mining that will be governed
184 Harmful substance is defined as ‘any substance which, if introduced into the sea, is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea, and includes any substance subject to control by the present Convention.’ MARPOL (n 25) art 2(2). ‘Discharge’ means ‘… means any release howsoever caused from a ship and includes any escape, disposal, spilling, leaking, pumping, emitting or emptying.’ Ibid art 2(3)(a).185 Ibid art 2(3)(b)(i) and (ii).186 Ibid art 2(4).187 Ibid annex I, reg 3.1: ‘Any ship such as hydrofoil, air-cushion vehicle, near-surface craft and submarine craft etc. whose constructional features are such as to render the application of any of the provisions of chapters 3 and 4 of this Annex or section 1.2 of part II-A of the Polar Code relating to construction and equipment unreasonable or impracticable may be exempted by the Administration from such provisions, provided that the construction and equipment of that ship provides equivalent protection against pollution by oil, having regard to the service for which it is intended.
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by maritime regulation remains to be ascertained and will depend on the specific vessels, technologies and operations conducted at sea. In general, ships are subject to detailed regulation under the six MARPOL annexes concerning oil (I), noxious liquid substances carried in bulk (II), harmful substances carried in packaged form III), sewage (IV), garbage (V) and air emissions (VI). The annexes apply to all ships, unless the regulations provide otherwise.188 Annex IV applies to ships on the basis of tonnage and passenger thresholds.189 The wastes addressed are defined in some detail and need not be discussed in depth in this report. Suffice to point out that standards are set for a broad range of wastes that include those banned from release anywhere into the marine environment (e.g., plastics under Annex V), or that may be released under prescribed limited concentration (e.g., oily ballast water), or that are permitted to be released at a distance from the nearest land following treatment (e.g., sewage), or that are not addressed by regulation but for which guidelines are provided (e.g., grey water). As mentioned, the definition of ship is broad to include installations with the effect of extending the application of most pollution prevention rules to such vessels. There are also dedicated rules for garbage from fixed or floating platforms.190
Annex VI on the prevention of air pollution requires more detailed consideration to explain how the interface between ISA and IMO competencies can be expected to occur. In general, Annex VI applies to all ships, unless otherwise stated in specific regulations.191 However, there is a range of emissions from seabed mineral activities that are excluded as follows:
Reg 3.1 Emissions directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources are, consistent with article 2(3)(b)(ii) of the present Convention, exempt from the provisions of this Annex. Such emissions include the following:
3.1.1 emissions resulting from the incineration of substances that are solely and directly the result of exploration, exploitation and associated offshore processing of sea-bed mineral resources, including but not limited to the flaring of hydrocarbons and the burning of cuttings, muds, and/or stimulation fluids during well completion and testing operations, and flaring arising from upset conditions;3.1.2 the release of gases and volatile compounds entrained in drilling fluids and cuttings;
188 For example MARPOL (n 25) annex I, reg 2; annex II, reg 2.1; annex V, reg 2. 189 Ibid annex IV, reg 2.1: ‘The provisions of this Annex shall apply to the following ships engaged in international voyages:
.1 new ships of 400 gross tonnage and above; and
.2 new ships of less than 400 gross tonnage which are certified to carry more than 15 persons; and
.3 existing ships of 400 gross tonnage and above, five years after the date of entry into force of this Annex; and.4 existing ships of less than 400 gross tonnage which are certified to carry more than 15 persons, five years after the date of entry into force of this Annex.’
190 Ibid annex V, reg 5:1 Subject to the provisions of paragraph 2 of this regulation, the discharge into the sea of any garbage is prohibited from fixed or floating platforms and from all other ships when alongside or within 500 m of such platforms.2 Food wastes may be discharged into the sea from fixed or floating platforms located more than 12 nautical miles from the nearest land and from all other ships when alongside or within 500 m of such platforms, but only when the wastes have been passed through a comminuter or grinder. Such comminuted or ground food wastes shall be capable of passing through a screen with openings no greater than 25 mm.
191 Ibid annex VI, chap I, reg 1.
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3.1.3 emissions associated solely and directly with the treatment, handling, or storage of sea-bed minerals; and 3.1.4 emissions from marine diesel engines that are solely dedicated to the exploration, exploitation and associated offshore processing of sea-bed mineral resources.
Reg 3.2 The requirements of regulation 18 of this Annex shall not apply to the use of hydrocarbons which are produced and subsequently used on site as fuel, when approved by the Administration.[emphasis added]
The regulation of emissions under this provision may require close coordination between ISA and IMO, especially with respect to provisions 3 and 4 which may involve the use of multipurpose equipment to support both ship operations and activities more directly related to exploration and exploitation at different times. The range of emitted substances currently regulated by Annex VI include ozone depleting substances, nitrogen oxides, sulphur oxides, particulate matter and volatile organic compounds. Shipboard incineration is also addressed. Recently, IMO adopted the Initial Strategy for the Reduction of Greenhouse Emissions from Ships,192 which will be revised and finalized for adoption in 2023 and in due course will enhance existing energy efficiency and energy use requirements which could have implications for ships supporting activities in the Area. At this time, the energy efficiency regulations do not apply to platforms and drilling rigs,193 but most other types of ships of 400 gross tons and above are captured.
In summary, the MARPOL annexes regulate a broad range of operational wastes, discharges and emissions relevant for activities in the Area. The regulation of air emissions from activities in the Area requires careful consideration to determine what is desirable. Should higher standards for mining than are currently available under Annex VI be necessary, it is likely that IMO would need to address such concerns. The Seabed Advisory Opinion did not include air emissions from activities in the Area in considering disposal, dumping and discharge of sediment, wastes or other effluents.
5.3.2 Antifouling systems
The AFS Convention regulates the use of antifouling systems by ships. Anti-fouling system is defined as ‘a coating, paint, surface treatment, surface, or device that is used on a ship to control or prevent attachment of unwanted organisms.’194 The definition of ship in this instrument is broad to include a vessel of any type whatsoever operating in the marine environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, floating storage units (FSUs) and floating production storage and off-loading units (FPSOs),’195 effectively capturing a wide range of essels supporting activities in the Area. However, only ships of 400 gross tonnage and over engaged in international voyages, but excluding fixed or floating platforms, FSUs, and FPSOs, are required to undergo an initial survey and subsequent surveys when anti-fouling systems are changed or replaced.196 International voyage is defined as ‘a voyage by a ship entitled to
192 The IMO GHG Strategy was adopted by Resolution MEPC.304/72 annexed in the Report of the MEPC on its 72nd Session, IMO Doc MEPC 72/17/Add.1 (18 May 2018), annex 11.193 MARPOL (n 25) annex VI, chap IV, reg 19(2.2).194 AFS Convention (n 26) art 2(2).195 Ibid art 2(9).196 Ibid, Annex IV, reg 1(1).
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fly the flag of one State to or from a port, shipyard, or offshore terminal under the jurisdiction of another State.’197
As in the case of other IMO instruments whose application, whether in whole or in part, is confined to particular classes and tonnage of ships on international voyages, the application of survey requirements would have to be extended by the flag State or perhaps required by the sponsoring State, possibly as a requirement under the mining regulations. At this time, it is unclear the extent to which, if at all, the mining regulations’ rules of reference serve to extend the application of this (and other international standards) to all ships engaged in activities in the Area.
5.3.3 Ballast waters
The BWM Convention is aimed at preventing, minimizing and ultimately eliminating the transfer of harmful aquatic organisms and pathogens through the control and management of ships’ ballast water and sediments.198 States Parties ‘shall endeavour to co-operate under the auspices of IMO to address threats and risks to sensitive, vulnerable or threatened marine ecosystems and biodiversity in areas beyond the limits of national jurisdiction in relation to Ballast Water Management’.199 The concern is the uptake of ballast water from one environment and discharge into another, potentially transferring alien or exotic species.200 It would be useful to ascertain the extent to which ballast water exchange in the Area poses threats as in
other marine regions.
As other IMO conventions, the BWMC captures a range of vessels supporting activities in the Area by defining ‘ship’ broadly as ‘a vessel of any type whatsoever operating in the aquatic environment and includes submersibles, floating craft, floating platforms, FSUs and FPSOs’.201 It applies to vessels designed or constructed to carry ballast waters.
In summary, should ballast water exchange in the Area be of concern, the BWM Convention is potentially valuable for minimizing the problems posed elsewhere. If it is desirable to require all ships supporting activities in the Area to be made subject to such a standard, this could be a matter for discussion with IMO considering that it could be deemed to be a high seas navigation issue. The Seabed Advisory Opinion was mindful to avoid unnecessary conflict in regulating activities in the Area in a manner that could create conflict with UNCLOS provisions concerning navigation on the high seas.202
5.3.4 Dumping/disposal of wastes
As observed earlier, in Article 145 of UNCLOS, ISA is expressly named and allocated the responsibility to adopt appropriate rules, regulations and procedures for the effective protection of the marine environment from harmful effects of activities in the Area. These include:
197 Ibid art 2(5).198 BWM Convention (n 27) art 1(1). This is the core obligation of States Parties. ‘Harmful aquatic organisms and pathogens are defined as ‘aquatic organisms or pathogens which, if introduced into the sea including estuaries, or into fresh water courses, may create hazards to the environment, human health, property or resources, impair biological diversity or interfere with other legitimate uses of such areas.’ Ibid art 1(8).199 Ibid art 2(9).200 Ibid annex, reg A3(4) contains an exception with respect to ‘the uptake and subsequent discharge on the high seas of the same Ballast Water and Sediments.’201Ibid art 1(12).202 Seabed Advisory Opinion (n 3) para 96.
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(a) the prevention, reduction and control of pollution and other hazards to the marine environment, including the coastline, and of interference with the ecological balance of the marine environment, particular attention being paid to the need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities;(b) the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment. (emphasis added)
Consistently, in setting out ISA’s regulatory scope with respect to the protection of the marine environment, UNCLOS Annex III provides:
Rules, regulations and procedures shall be drawn up in order to secure effective protection of the marine environment from harmful effects directly resulting from activities in the Area or from shipboard processing immediately above a mine site of minerals derived from that mine site, taking into account the extent to which such harmful effects may directly result from drilling, dredging, coring and excavation and from disposal, dumping and discharge into the marine environment of sediment, wastes or other effluents.203 (emphasis added)
Clearly, ISA is the one and only competent international organization in these provi-sions. This competence is further suppor-ted by Article 209 of UNCLOS, although placed in Part XII (rather than in Part XI on the Area), which provides that ‘internatio-nal rules, regulations and procedures shall
be established in accordance with Part XI to prevent, reduce and control pollution of the marine environment from activities in the Area’ and in Article 215 of UNCLOS with respect to their enforcement, also as governed by Part XI. (emphasis added)
The phrase ‘disposal of waste’ in Article 145(a) of UNCLOS is comprehended in the Article 1 definition of dumping which includes ‘any deliberate disposal of wastes or other matter from vessels, … platforms or other man-made structures at sea’ (emphasis added).204 Article 1 of UNCLOS excludes disposal of wastes from the operations of vessels, platforms and man-made structures, but includes ‘wastes or other matter transported by or to vessels, … platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, … platforms or structures.’205 Although the Article 1 general definition of dumping seems to include the disposal of waste generally, the drafting of Article 145 of UNCLOS is unambiguous in allocating regulatory power over disposal of wastes from activities in the Area to ISA. The Seabed Advisory Opinion confirms this interpretation.
In the careful and in-depth explanation of what is included by activities in the Area, the Seabed Disputes Chamber conside-red wastes that might be generated during exploration and exploitation. Interestingly, it did not consider the deliberate dispo-sal of platforms and man-made structures following decommissioning, possibly be-cause this action is not captured by the no-tions of exploration and exploitation. ISA’s regulatory authority in Article 145(a) of UNCLOS on this matter is limited to ‘cons-truction and operation or maintenance of installations’. The potential logical conse-
203 UNCLOS (n 1), annex III, art 14(2)(f).204 Ibid art 1(5)(a)(i).205 Ibid art 1(5)(b)(i).
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quence is that ‘any deliberate disposal of vessels, … platforms or other man-made structures at sea’206 following termination of activities in the Area may well be captured by Article 210 on pollution by dumping, the London Convention and London Protocol. Although the London Convention and Pro-tocol do not apply to the disposal of wastes from or related to the exploration, exploi-tation and offshore processing of seabed mineral resources, both instruments inclu-de disposal of vessels, platforms and other man-made structures at sea in the definition of dumping. The London Protocol definition includes ‘any abandonment or toppling at site of platforms or other man-made struc-tures at sea, for the sole purpose of delibe-rate disposal.’207
In recent years States Parties to the London Convention have considered alternatives to at sea disposal208 and since the adoption of the Hong Kong Convention, although not yet in force,209 the expectation is that efforts will be invested into safe and environmentally sustainable ship recycling on land. Also, IMO has developed guidelines for the removal of offshore installations and structures, but they do not appear to apply to areas beyond national jurisdiction.210 The London Convention and Protocol regime could provide guidance on how ISA might regulate waste disposal from activities in the Area. The London Protocol provides a framework for waste assessment that includes a waste
prevention audit, consideration of waste management options, chemical-physical-biological processes, dump site selection, assessment of potential effects, monitoring and permitting.211 Guidelines for waste assessment have been adopted.212
In summary, ISA enjoys exclusive authority to regulate the disposal of wastes from activities in the Area under Article 145 of UNCLOS. Although construction and operation or maintenance of installations fall within ISA’s regulatory power, the situation is less clear with respect to disposal of vessels, platforms and other man-made structures at sea. Rather, the disposal of vessels, platforms and structures at sea (to the extent that it is to occur at all) appears to fall under the general definition of dumping in the UNCLOS, and the London Convention and Protocol. Finally, waste assessment guidelines developed under the London Convention and Protocol could serve as a useful model for the development of regulations for the disposal of waste generated by activities in the Area.
5.4 Seafarer training standards
Another area of possible interface between ISA and IMO competencies is the training of personnel on board ships and installations supporting activities in the Area. Although related to human safety,
206 Ibid art 1(5)(a)(ii).207 London Protocol (n 24) art 1(4)(1)(4).208 London Convention Special Meeting Resolution LC.56(SM) on Sea Disposal of Vessels.209 Hong Kong Convention (n 28) Article 2(7) defines ‘ship’ as ‘a vessel of any type whatsoever operating or having operated in the marine environment and includes submersibles, floating craft, floating platforms, self elevating platforms, Floating Storage Units (FSUs), and Floating Production Storage and Offloading Units (FPSOs), including a vessel stripped of equipment or being towed.’210 Guidelines and Standards for the Removal of Offshore Installations and Structures on the Continental Shelf and in the Exclusive Economic Zone, Assembly Resolution A.672(16) adopted on 19 October 1989. 211 London Protocol (n 24) annex 2.212 Waste Assessment Guidelines under the London Convention and Protocol (IMO, 2014). The Guidelines provide for eight distinct steps: (1) waste characterization; (2) waste prevention audit and management options; (3) action list; (4) selection of a dump site; (5) impact assessment; (6) permitting system; (7) permit conditions; and (8) monitoring. These include guidelines for dredged materials, which could be relevant depending on technologies used to exploit resources of the Area. See also Revised Specific Guidelines for the Assessment of Vessels, adopted by LC 38/16 (2016).
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this topic should be considered separately as it relates to human competence in operations and seaworthiness of the vessel in the interests of safety, security and environment protection. The STCW Convention and accompanying STCW Code are the principal IMO instruments for standards of training and certification of seafarers, with a focus on the master, officers and engine room. They apply to seafarers on board sea-going vessels to ensure they are qualified and fit for their duties from the perspectives of safety of life, property safety and marine environment protection.213 Standards are set out for the master and deck department, engine department, radio communication and radio personnel, and general provisions for firefighting, occupational safety, security, medical care and survival.
In summary, IMO training regulations for seafarers cover a range of workers, but not all personnel likely to be engaged in activities in the Area. The LTC is empowered to determine whether the proposed plans of work for exploration provide for effective protection of human health and safety and this could be understood to include the full range of personnel working at sea.214 ISA’s supplementary power under Article 146 of UNCLOS could be used in a complementary manner to address the non-seafarer competencies needed on board ships and installations engaged in activities in the Area.215
5.5 Accommodation of activities in the Area
Activities in the Area are ‘to be carried with reasonable regard for other activities in the marine environment.’216 Article 147 of UNCLOS concerning accommodation of activities in the Area and in the marine environment is designed to prevent, to the extent possible, and manage conflicts of ocean uses in the Area. More specifically, installations used for activities in the area are subject to certain conditions of which the following are relevant for this report:
(a) such installations shall be erected, emplaced and removed solely in accordance with this Part and subject to the rules, regulations and procedures of the Authority. Due notice must be given of the erection, emplacement and removal of such installations, and permanent means for giving warning of their presence must be maintained;(b) such installations may not be established where interference may be caused to the use of recognized sea lanes essential to international navigation or in areas of intense fishing activity;(c) safety zones shall be established around such installations with appropriate markings to ensure the safety of both navigation and the installations. The configuration and location of such safety zones shall not be such as to form a belt impeding the lawful access of shipping to particular maritime zones or navigation along international sea lanes; …217
A few observations are to be made. While referring to installations in the Area, Article 147 of UNCLOS does not mention artificial islands and structures, as in Article 60 of UNCLOS with respect to the EEZ and continental shelf. The lack of reference
213 STCW Convention (n 29) art 1(2).214 Nodules Regulations (n 10) reg 21(4)(a); Sulphides Regulations (n 11) reg 23(4)(a); Cobalt Regulations (n 12) reg 23(4)(a). 215 Draft Exploitation Regulations (n 13) draft reg 32(5) provides that the contractor shall ensure that: ‘All of its personnel, before assuming their duties, have the necessary experience, training and qualifications and are able to conduct their duties safely, competently and in compliance with the Rules of the Authority and the terms of the exploitation contract.’216 UNCLOS (n 1) art 147(1).217 Ibid art 147(2).
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to artificial islands is understandable as they are likely unrealistic with respect to activities in the Area. However, structures for use in activities in the Area are realistic. Logically, structures used in activities in the Area ought to be regulated by ISA, but Article 147 of UNCLOS leaves open the possibility that such structures might be subject to other international standards, for example with respect to marking.
Further, certain aspects of coastal state regulation of installations and structures in the EEZ and on the continental shelf are guided by various international standards, such as the discharge of certain wastes addressed by MARPOL. The removal of abandoned or disused installations and structures is to take ‘into account any generally accepted international standards established in this regard by the competent international organization.’218 Similarly, the breadth of safety zones around the artificial islands, installations and structures is to take ‘into account applicable international standards’ and the breadth shall not exceed 500 metres unless ‘authorized by generally accepted international standards or as recommended by the competent international organization.’219 Consistently, all ships are required to respect the safety zones and to comply with ‘generally accepted international standards regarding navigation in the vicinity …’220
It is also possible that installations in the Area, in addition to safety zones, may require routeing measures for their safety and for the safety of other users of the marine environment. Other users of the marine environment have a counterpart duty of due regard to activities in the Area.221 The Draft exploitation regulations provide that
ISA, ‘in conjunction with member States, shall take measures to ensure that other activities in the Marine Environment shall be conducted with reasonable regard for the activities of Contractors in the Area.’222 If routeing measures for maritime safety in the Area are needed, such as areas to be avoided, they will have to be sought from IMO under the authority of SOLAS Chapter V, as it is the only organization responsible for designating such measures. Routeing measures are typically requested by coastal States in their capacity as IMO Member States and as States Parties to SOLAS. It is arguable that sponsoring States, by analogy to coastal States, and acting in their capacity as States Parties to SOLAS, should submit routeing proposals to IMO. Since such measures would be directed to international shipping on the high seas, if and when adopted they would likely be in the form of recommendations. Sponsoring States do not enjoy jurisdiction over international shipping on the high seas. Flag States enjoy exclusive jurisdiction and control over their ships on the high seas. An interesting variation arises where the activities in the Area are conducted by the Enterprise as an organ of ISA, although initially through joint ventures.223 Although ISA has a cooperation agreement with IMO, reliance on the State sponsoring the joint venture would be likely necessary.
Ideally, international rules and standards for the safety of installations and structures and navigation in their vicinity should be uniform and for this purpose it makes sense for ISA and IMO to work together, as appropriate. There may be a range of novel structures and machinery (e.g., excavators) employed in activities in the Area and that may require dedicated standards and assistance from IMO. IMO guidelines for
218 Ibid at art 60(3).219 Ibid at art 60(5).220 Ibid at art 60(6).221 Ibid art 147(3).222 Draft Exploitation Regulations (n 13) draft reg 31(2).223 Implementation Agreement (n 2), annex, section 2.2.
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the removal of offshore installations and structures, although applicable to the continental shelf and in the EEZ, could assist ISA in discharging its responsibilities under Article 147 of UNCLOS. 5.6 Liability and
compensation for pollution of the marine environment
As observed earlier, ISA has extensive regulatory power for the prevention of pollution of the marine environment from activities in the Area and this includes the development of a responsibility and liability regime. The discussion does not discuss the current or proposed environmental regulations in the exploration regulations and Draft exploitation regulations and the options for a liability regime for the conduct of activities in the Area. The latter task has already been discharged by other studies conducted in cooperation with ISA.224 Rather, the discussion now explores a possible interface between ISA’s and IMO’s competencies to develop civil liability regimes respectively for seabed mining and international shipping.
ISA has the power to impose penalties on contractors for serious contractual violations225 and ‘[T]he contractor shall have responsibility or liability for any damage arising out of wrongful acts in the conduct of its operations, account being taken of contributory acts or omissions by ISA.’226 Indeed, ISA itself may be held responsible or liable ‘for any damage arising out of wrongful acts in the exercise of its powers and functions … account being taken of contributory acts or omissions by the contractor.’ In both the contractor’s and ISA’s case, liability
is for the actual amount of damage. This discussion now turns to how ISA’s power to develop a responsibility and liability regime interfaces with IMO’s analogous power with respect to international shipping. UNCLOS does not contain a provision for IMO’s potential responsibility or liability as in the case of ISA in the exercise of its regulatory mandate.
An important provision for the development of responsibility and liability regimes for pollution of the marine environment is Article 235(3) of UNCLOS, which provides:
With the objective of assuring prompt and adequate compensation in respect of all damage caused by pollution of the marine environment, States shall cooperate in the implementation of existing international law and the further development of international law relating to responsibility and liability for the assessment of and compensation for damage and the settlement of related disputes, as well as, where appropriate, development of criteria and procedures for payment of adequate compensation, such as compulsory insurance or compensation funds.
In this provision States Parties have a duty to cooperate in the implementation and further development of the international law on responsibility, liability and compensation of environmental damage, as well as the related structures and procedures. In the absence of express mention, but by necessary implication, it is reasonable to consider that this duty would be discharged through the instrumentality of the organizations having the pertinent remit. The competencies to develop primary environmental rules respectively enjoyed by ISA with respect
224 For example, see Neil Craik, ‘Determining the Standard for Liability for Environmental Harm from Deep Seabed Mining Activities’, Liability Issues for Deep Seabed Mining Series, Paper No. 2 (Centre for International Governance Innovation, October 2018).225 UNCLOS (n 1) annex III, art 18.226 Implementation Agreement (n 2) art 22.
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to activities in the Area and IMO with regard to international shipping on the high seas, potentially interface with respect to the development of secondary rules of environmental responsibility and liability. It is interesting to note that the London Convention and Protocol have provisions committing States Parties to develop procedures for the assessment of liability.227
The guidance provided by the Seabed Advisory Opinion with respect to the meaning of ‘activities in the Area’ serves to define the scope of ISA’s commensurate power to develop a responsibility and liability regime within its remit. Its regulatory remit includes:
Rules, regulations and procedures shall be drawn up in order to secure effective protection of the marine environment from harmful effects directly resulting from activities in the Area or from shipboard processing immediately above a mine site of minerals derived from that mine site, taking into account the extent to which such harmful effects may directly result from drilling, dredging, coring and excavation and from disposal, dumping and discharge into the marine environment of sediment, wastes or other effluents.228
ISA has taken tentative steps towards the development of a responsibility and liability regime. The principal approach to channelling liability for damage to the marine environment appears to be based on a contractual approach by including
a provision in the standard clauses for the exploitation contract, holding the contractor liable to ISA:
… for the actual amount of any damage, including damage to the Marine Environment, arising out of its wrongful acts or omissions, and those of its employees, subcontractors, agents and all persons engaged in working or acting for them in the conduct of its operations under this contract, including the costs of reasonable measures to prevent and limit damage to the Marine Environment, account being taken of any contributory acts or omissions by the Authority or third parties.229
The provision also provides for the liability of ISA to the contractor for ISA’s wrongful acts. The main text of the Draft exploitation regulations does not contain a provision on environmental liability. The inclusion of an Environmental Performance Guarantee in the Draft exploitation regulations does not concern responsibility or liability for marine environmental damage.230
In comparison, IMO has a number of liability regimes for international shipping with respect to damage to the marine environment. However, the extent of their application to environmental damage caused on the high seas and the Area needs to be considered. It should be pointed out at the outset that the liability regimes in international shipping are guided by the principles of strict and limited liability as a matter of public policy. The rationale is to encourage ship owning and provision
227 ‘In accordance with the principles of international law regarding State responsibility for damage to the environment of other States or to any other area of the environment, caused by dumping of wastes and other matter of all kinds, the Contracting Parties undertake to develop procedures for the assessment of liability and the settlement of disputes regarding dumping.’ London Convention (n 23) art X. ‘In accordance with the principles of international law regarding State responsibility for damage to the environment of other States or to any other area of the environment, the Contracting Parties undertake to develop procedures regarding liability arising from the dumping or incineration at sea of wastes or other matter’. London Protocol (n 24) art 15228 UNCLOS (n 1) annex III, art 17(2)(f ).229 Draft Exploitation Regulations (n 13) annex 10, Standard Clauses for Exploitation Contract, section 7.230 Ibid draft reg 26.
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of vital services to maritime trade and insurability. The liability limits are updated periodically. It is also important to observe that the civil liability conventions are not as widely subscribed by States as IMO’s pollution prevention conventions, such as MARPOL.
The LLMC, as amended by the Protocol of 1996, concerns general maritime claims against a designated class of persons. The LLMC establishes the general right to the ship-owner (defined as the owner, charterer, manager and operator of a seagoing ship) and the insurer to limit their liability as a defence against claims for loss damage or injury.231 To deny the ship-owner the right to limitation of liability, a claimant has to cross a high threshold: ‘[A] person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.’232 Prior to the amendment introduced by the Protocol of 1996, the right to limitation could be denied if it was proved that the owner was in actual fault or privy to the loss, and accompanied by low limitation amounts, this produced much litigation. The 1996 amendment was specifically intended to establish an unbreakable right, i.e., subject to a very high standard with the burden to deny entitlement on the claimant, while at the same time raising the limits of liability.233 A recent decision
by a Spanish Court took a contrary view and has triggered the inclusion of a new output at a future meeting of the Legal Committee.234 This is a significant development as it will affect the limitation of liability regimes under the various IMO civil liability conventions.
The claims relevant for environmental liability concern ‘the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship’, ‘removal, destruction or the rendering harmless of the cargo of the ship,’ and ‘claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this Convention, and further loss caused by such measures.’235 The claims do not have geographical limits but oil pollution claims covered by the CLC Convention are not covered236 and the LLMC does not apply to ‘floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof’.237 The liability limits are set out in the LLMC on the basis of a tonnage formula.238 Claims and defences are advanced in the domestic courts of States Parties; however, State Parties may modify the domestic application of the LLMC, for example by limiting its application to specific persons.239 Once a limitation fund is established by the owner in a domestic
231 Ibid art 1.232 LLMC (n 30) art 4.233 See The Travaux Préparatoires of the LLMC Convention, 1976 and of the Protocol of 1996, compiled by Francesco Berlingieri (CMI, undated), 121 et seq., online: <file:///C:/Users/chirc/Downloads/Travaux-Preparatoirse-of-the-LLMC-Convention-1976-and-of-the-Protocol-of-1996.pdf>.234 Draft Report of the Legal Committee on the Work of its 106th Session, IMO Doc LEG 106/WP.1/Add.1 (29 March 2019), 7. The LEG Committee approved the ‘Proposal to Add a New Output under the Work Programme on “Unified Interpretation on the Test for Breaking the Owner's Right to Limit Liability under the IMO Conventions”’ Submitted by Greece, the Marshall Islands, International Chamber of Shipping and International Group of Protection and Indemnity Associations, IMO Doc LEG 106/13 (11 January 2019).235 LLMC (n 30) art 2.236 Ibid art 3.237 Ibid art 15(5)(b).238 Ibid art 6.239 Ibid art 15(1).
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court, the claims are attached to it. Thus, while some vessels engaged in supporting seabed mining, such as OSVs and bulkers, are covered, the LLMC Convention does not apply to offshore installations and structures engaged in seabed mining. Nor is the contractor a beneficiary of the LLMC, unless the contractor is the ship-owner, charterer, manager or operator of the ship concerned with maritime claims.
Differently from the LLMC, the CLC, IOPC Funds Conventions (including IOPC Supplementary Fund) constitute a system compensation of claims of damage resulting from pollution of the marine environment. The operational Funds at this time are the 1992 Fund and the Supplementary Fund, the latter enjoying a far smaller subscription rate than the former.240 They are significantly more limited in application than the LLMC. The CLC and Funds apply to pollution damage outside the ship from persistent oil carried on tankers as cargo or bunkers during a voyage following carriage in relation to damage suffered by State Parties within the territorial sea and EEZ. However, ‘preventive measures, wherever taken, to prevent or minimize such damage’, which could be on the high seas, are also compensable.241 Liability is strict, with limited defences,242 but subject to limitation of liability,243 and similarly to the LLMC is virtually unbreakable.244 Similarly to the LLMC, once a fund is establish by the owner in a domestic court, the claims attach to it. The range of eligible claims is broad and in addition to reasonable
claims for cleanup, reinstatement costs for environmental damage and preventive measures, may also include loss of income. The CLC ship has to have insurance cover. The IOPC Funds Convention and IOPC Supplementary Fund provide two additional tiers of compensation in the event the limitation fund established under the CLC Convention is inadequate to meet the claims advanced against it.245 Based at IMO, the Funds enjoy legal personality in State Parties. Differently from the CLC Convention, which constitutes the first tier of compensation, i.e., from the ship-owner and insurer, the IOPC Funds consist of the cargo owners’ share channelled through contributions levied on specified amounts of imported oil in State Parties.246 The geographical scope and types of claims that may be advanced are similar to the CLC Convention. The levels of compensation are substantially higher in the 1992 Fund and even higher in the IOPC Supplementary Fund. In summary, the liability regimes of the CLC and IOPC Funds (including IOPC Supplementary Fund) providing compensation for damage from pollution to the marine environment do not extend to damage to the marine environment of the high seas and the Area and to the cargoes of minerals extracted from the Area.
Modelled on the CLC Convention and as its title suggests, the Bunker Convention provides a strict liability regime for environmental damage from bunker fuel carried on ships of 1000 tons or more.247 It has the same compulsory
240 At the time of writing 115 States are Parties to both the CLC and IOPC Fund 1992 and 32 States to the Supplementary Fund. IOPC Funds (2019), online: <https://www.iopcfunds.org/about-us/membership/pdf/>.241CLC Convention (n 31) art II(b).242 Ibid art III.243 Ibid art V(1).244 Ibid art V(2).245 IOPC Funds Convention (n 33) art 2.246 Ibid art 10.247Bunker Convention (n 35) art 3(1).
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insurance requirement,248 geographical scope249 and limited defences250 as the CLC and IOPC Funds Conventions. Thus, preventive measures on the high seas with respect to oil lost there and to mitigate impacts in the EEZ and territorial sea are compensable.251 Ship-owners and their insurers continue to enjoy the right to limit liability under any applicable national or international regime such as the LLMC.252 In summary, the Bunker Convention is potentially applicable to ships operating and providing support to activities in the Area, but only insofar as the loss of bunker fuel threatens the EEZ and territorial sea of neighbouring States.
Also modelled on the CLC and IOPC Funds Convention, the HNS Convention and Protocol were adopted to address a range of hazardous and noxious substances not covered by the other compensation regimes, but similarly based on strict,253 but limited liability.254 The HNS Convention and Protocol are not yet in force. The liability regime anticipates a two-tiered system consisting of a first tier of ship-owner liability based on compulsory insurance255 and second tier consisting of a fund consisting of contributions from
importers of such substances.256 Like the IOPC Funds, the HNS Fund is similarly recognized as a legal person in States Parties.257 The HNS Convention has a similar geographical scope of application with respect to damage to the marine environment as the CLC, IOPC Funds and Bunker Conventions and thus includes preventive measures on the high seas.258
In conclusion, both ISA and IMO enjoy competencies for the development of civil liability regimes for compensation for pollution damage to the marine environment in their respective remits. ISA’s remit is limited to activities in the Area, including in situ transportation, whereas IMO’s concerns international shipping and including ex situ transportation of recovered minerals. While the development of a civil liability regime for seabed mining is in its infancy, the civil liability regimes for international shipping are mature, but narrowly applicable to specific threats and generally not to damage of the marine environment on the high seas. However, they could serve to inform the development of a future liability regime for seabed mining.
248 Ibid art 7.249 Ibid art 2(b).250 Ibid art 3(3).251 Ibid.252 Ibid art 6.253 HNS Convention & Protocol (n 34) art 7.254 Ibid art 9.255 Ibid art 12.256 Ibid art 16.257 Ibid art 13.258 Ibid art 3.
50
6. FINDINGS, ISSUES AND FURTHER RESEARCH NEEDED
6.1 Findings and issues
The general analysis of pertinent provisions concerning the interface of competencies of ISA and IMO in UNCLOS and ISA regulations in the previous sections are summarized in Annex 3. The principal findings are presented below.
• UNCLOS, Article 1: Definitions
The Seabed Advisory Opinion has impacted on the definitions in this provision (see Annex 1). The definition of ‘activities in the Area’ intended to refer to exploration and exploitation activities has been clarified in some depth and excludes processing and transportation of minerals ex situ. The reference to ‘disposal of wastes’ in the definition of ‘dumping’ must be read against the allocation of this power to ISA in Article 145 of UNCLOS. The definition of ISA’s regulatory power over ‘disposal of wastes’ from activities in the Area does not include the disposal of vessels, platforms and other structures in the Area. Disposal of these is governed by the London Convention and Protocol. Recycling of ships will be governed by the Hong Kong Convention when this instrument enters into force.
• UNCLOS, Article 94: Duties of the flag State
Ships used as platforms for activities in the Area and on the high seas are subject to the exclusive jurisdiction and control
of the flag State. That jurisdiction has to be exercised with reference to IMO conventions concerning maritime safety (SOLAS; LL; COLREGS), manning and training (SOLAS; STCW) and environment protection (MARPOL; AFS; BWM).
• UNCLOS, Article 145: Protection of the marine environment
The ISA’s power to regulate protection of the marine environment from activities in the Area, as defined by the Seabed Advisory Opinion, is an exclusive power. The power concerns the regulation of drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities.
Measures taken by ISA for the protection and preservation of the marine environment will be complemented by IMO regulation with respect to the use of ships to support the above activities in the Area. Several IMO conventions (MARPOL annexes I-V; AFS; BWM; London Convention and Protocol) apply to a range of ship types, including floating platforms, floating and submerged structures, submersibles and craft.
There are possible gaps. A concern with the AFS and BWM Conventions is that they apply to international voyages, possibly necessitating extension of the rules to cabotage that is to vessels supporting activities in the Area whose port of departure and port of return are the same, or if different are located within the same jurisdiction. A range of emissions
ISA TECHNICAL STUDY NO. 25
51
from activities in the Area are not covered by Annex VI and the Seabed Advisory Opinion did not include air emissions in considering disposal of wastes. However, the regulation of operation of installations (over which it has express power) arguably should include emissions.
• UNCLOS, Article 146: Protection of human life
The ISA’s regulatory power for the protection of human life is a supplementary power, rather than an exclusive or a primary power. This implies that the lead regulators of this subject-matter are other competent international organizations. Safety of life at sea (defined broadly to include all matters addressed by SOLAS, LL and SAR), as well as maritime security, and seafarer training (STCW) are IMO competencies. Occupational health and safety of seafarers is an ILO competence. There is extensive maritime safety regulation for which IMO has competence which is directly relevant to vessels that may conduct or provide support for activities in the Area, such as several SOLAS chapters and specific codes, e.g., for MODUs and OSVs. On maritime security, while the SUA Convention likely applies to vessels engaged in activities in the Area, the SUA Protocol’s focus on fixed platforms on the continental shelf excludes its application to activities in the Area.
The ISA’s mandate more narrowly concerns regulation for the protection of human life in relation to resource exploration and exploitation activities in the Area. To date, there appears to be ISA reliance on existing international standards through a rule of reference in the standard clauses of exploration contracts. The Draft exploitation regulations anticipate reliance on IMO and ILO standards on health and safety matters. A concern is that aspects of SOLAS and the LL Convention apply to ships on international voyages, thus necessitating extension to cabotage (where applicable) by the sponsoring State.
A further dimension of the protection of human life is maritime security on board vessels and installations, which is possibly also captured by ISA’s subsidiary safety regulatory power. IMO's SUA instruments are potentially relevant, although the application of the SUA Protocol is limited to the continental shelf. Maritime security is an area for possible cooperation between ISA and IMO.
• UNCLOS, Article 147: Accommo-dation of activities in the Area and in the marine environment
IMO has area-based management (routing) and reporting (ship reporting system) tools that could be useful for the accommodation of activities in the Area. IMO is the organization responsible for routeing and ship reporting. If these tools are needed for safety, it is likely that the sponsoring State, as an IMO Member State and SOLAS State Party, would have the standing necessary to propose their adoption by IMO. ISA has exclusive regulatory power over the erection, emplacement and removal of installations engaged in activities in the Area. IMO's guidelines for the removal of offshore installations and structures, although applicable to the continental shelf and the EEZ, could be informative for ISA in exercising its regulatory power.
• UNCLOS, Article 209: Pollution from activities in the Area
Article 145 of UNCLOS assigns exclusive regulatory responsibility for pollution from activities in the Area to ISA. Article 209(1) reinforces this regulatory role. Article 209(2) places an obligation on States to exercise legislative jurisdiction over their vessels, installations and structures to protect the marine environment from activities in the Area, in a manner that is no less effective than ISA regulations.
52
ISA TECHNICAL STUDY NO. 25
Other rules may play a role. Regulation 1(5) of the Nodules, Sulphides and Cobalt Regulations provides that the regulations ‘may be supplemented by further rules, regulations and procedures’ and that the regulations are subject to UNCLOS, the 1994 Agreement and other rules of international law not incompatible with UNCLOS.
• UNCLOS, Article 210: Pollution by dumping
While IMO is the lead organization with respect to dumping in general, ISA enjoys exclusive authority to regulate the disposal of wastes from activities in the Area under Article 145 of UNCLOS. Although construction and operation or maintenance of installations fall within ISA’s regulatory power, the situation is less clear with respect to the disposal of vessels, platforms and other man-made structures at sea. The deliberate disposal, abandonment and toppling on site of vessels, platforms and other man-made structures at sea are likely captured by Article 210, the London Convention and Protocol regimes, and possibly other instruments such as the Hong Kong Convention when it enters into force. The London Convention and Protocol regimes have built substantial experience on waste management that could be of value to ISA. In particular, the waste assessment guidelines, now mandatory for London Convention and Protocol States Parties, are likely a useful model to consider in the development of regulations for the disposal of waste generated by activities in the Area.
• UNCLOS, Article 211: Pollution from vessels
Rules of reference to IMO's regulations on vessel source pollution are applicable to ships supporting activities in the Area, subject to specific competencies that are exclusive to ISA with respect to the
regulation of activities in the Area. The regulation of the various forms of pollution consequential to the operation of ships generally is the responsibility of IMO. The Draft exploitation regulations subject contractors to IMO regulations with respect to pollution prevention from ships, thus ensuring complementarity.
• UNCLOS, Article 212: Pollution from or through the atmosphere
In considering the nature of ‘disposal of wastes’ in Article 145 of UNCLOS, the Seabed Advisory Opinion did not explore the extent to which emissions, as distinct from other discharges, are captured by ISA’s environmental regulatory power over activities in the Area. It is conceivable that the reference to ‘operation of installations’ includes emissions from their operation. In any case, MARPOL Annex VI does not apply to emissions directly arising from the exploration, exploitation and associated offshore processing of sea-bed mineral resources. It is possible that there is a regulatory gap with respect to air emissions from activities in the Area.
• UNCLOS, Article 235: Responsibi-lity and liability
Although their respective competencies are not expressly mentioned in this provision, ISA and IMO enjoy complementary competencies for the development of civil liability regimes concerning pollution of the marine environment, respectively from activities in the Area and international shipping. The ISA’s competence is limited to activities in the Area as defined by the Seabed Advisory Opinion. This includes in situ transportation of extracted minerals. IMO’s competence commences with ex situ transportation of recovered minerals. IMO’s mature strict liability regimes, although of minimal application to high seas areas, could serve as a model for the development of a liability regime for mining in the Area.
ISA TECHNICAL STUDY NO. 25
53
• UNCLOS, Annex III, Art 17 (2)(f) and Annex IV, Article 1: Transportation of minerals ex situ
The Seabed Advisory Opinion concluded that the transporting on the high seas, processing on land and marketing of minerals recovered from the Area are not part of ‘activities in the Area’. Only transportation in situ is included in activities in the Area. The consequence is that IMO rather than ISA enjoys regulatory competence over ex situ transportation systems.
• Nodules, Sulphides and Cobalt Regulations, Regulation 1: Use of terms and scope
Regulation 1(3): The definitions of exploration and exploitation as defined in the mining regulations have been interpreted and narrowed down by the Seabed Advisory Opinion to exclude processing and ex situ transportation. The reference to transportation systems suggests regulatory interface with IMO regulations, both for transport using ships in situ and ex situ.
Regulation 1(5): The rule of reference in this provision incorporates other regulations (including non-ISA) that may be applicable. The regulations usefully anticipate that on the protection and preservation of the marine environment they may be supplemented by other rules of international law.
• Draft Exploitation Regulations, Regulation 30: Safety, labour and health standards
This draft regulation employs rules of references that engage several IMO conventions and codes, as well as the ILO’s MLC, including: SOLAS; LL; MARPOL; AFS; BWM; COLREGS; and STCW. The several codes that apply by extension
include BWM Code, ISM Code and STCW Code. The requirement for compliance with national maritime laws serves to emphasize the relevance of domesticated international maritime regulations and covers rules applicable to cabotage where shipping supporting seabed mining is domestic. IMO training regulations for seafarers (STCW Code) cover a range of personnel, but not all workers engaged in activities in the Area. The MLC is potentially applicable. The ISA’s supplementary power under UNCLOS Article 146 could be used to address the non-seafarer competencies needed on board ships and installations engaged in activities in the Area.
The future development of guidelines for contractors’ safety management systems for seabed mining has a useful precedent in the ISM Code. The ISM Code, a SOLAS instrument, could serve as a model for the development of safety management system for seabed mining. This is another area where IMO experience and expertise could be helpful.
• Draft Exploitation Regulations, Regulation 31: Reasonable regard for other activities in the marine environment
It is possible that routeing measures could be useful area-based management tools to enable ISA to discharge its obligation in this provision. In this case, ISA in conjunction and likely through its member States (as States Parties to SOLAS), would need to proceed through IMO.
6.2 Further research needed
This report has set out a preliminary roadmap for understanding the respective competencies of ISA and IMO concerning activities in the Area at a high level of generality. While the scope of the report is comprehensive, the potential points of
54
ISA TECHNICAL STUDY NO. 25
interface identified are not exhaustive. Several matters concerning the interface of competencies have been identified and likely merit further studies, including:
• Which and how do ISA regulations depend and rely upon or draw from IMO regulations and generally accepted practices? In particular, a comprehensive study of specific IMO regulations and generally accepted practices that will apply side-by-side ISA regulations is likely necessary.
• Determination of what installations and structures employed in activities in the Area may be characterized as ‘ships’ is necessary to facilitate coordination between the applicable inspection regimes for seabed mining and international shipping.
• Further identification of IMO codes, guidelines and generally accepted practices that could serve to inform, supplement or assist the development of ISA regulations and guidelines would be helpful. There is much that ISA regulatory efforts could learn from IMO's opus. Several examples were given in this report (e.g., London Convention and London Protocol waste assessment guidelines). In addition to those, for example, and while outside the remit of this report, it is conceivable that IMO approach to pollution emergency preparedness and response could be useful for ISA to consider. This could assist the development of the Draft exploitation regulations Annex V Emergency
Response and Contingency Plan requirements.
• The maritime security dimensions of seabed mining and the range of applicable instruments need careful consideration, as this is an area of likely overlapping competence. A study will likely assist development of the Draft exploitation regulations Annex VI Health, Safety and Security Plan requirements.
• Although the work of ILO was outside the remit of this report, a study of the extent to which the range of workers engaged in seabed mining will be captured by the MLC would likely assist ISA in developing expectations for the Draft exploitation regulations Annex VI Health, Safety and Security Plan.
55
7. CONCLUSION
ISA and IMO competencies are highly complementary as they interface with respect to activities in the Area. As the competent international organization for the regime of the Area, ISA is central to the seabed mining regime and functions as the regulator of resource exploration and exploitation activities. Those activities require the use of a broad range of conventional and emerging technologies, including the use of ships as technological platforms themselves. IMO is central to the regime for international shipping and regulation and is the medium through which States adopt international regulations, rules and standards for maritime safety, vessel-source pollution, security and the development of civil liability and compensation regimes, as well as in the interests of public order in all ocean spaces. IMO’s functions are closely tied to the regulation of conventional and emerging maritime technologies. IMO has a mature and comprehensive regulatory framework for all aspects of shipping. Accordingly, ISA’s regulatory functions and UNCLOS’s frequent use of rules of reference to IMO standards produce a symbiotic relationship.
In understanding how the regulatory mandates of the two organizations interface, it is necessary to appreciate the limits of the respective competencies. The Seabed Advisory Opinion has helped significantly in clarifying the contours of ‘activities in the Area’ as referring to exploration and exploitation of the non-living resources on the seabed and subsoil of the Area and specific actions. The Seabed Disputes Chamber was sensitive to
the need to avoid conflict with the regime of navigation on the high seas. Exploration and exploitation include a range of actions requiring regulation in the interests of safe and environmentally acceptable development, such as drilling, dredging, coring, excavation, lifting minerals to the surface, separating water from minerals, disposal of wastes, onsite transportation and construction and maintenance of offshore infrastructure that includes installations, pipelines and related devices.
In turn, this understanding of activities in the Area helps identify where and how IMO regulation provides supportive and complementary functions for ISA regulations. These include the regulation of ship design and construction, equipment requirements and standards, vessel routeing and reporting, collision avoidance, prevention of pollution through operational wastes and emissions, safe manning requirements and crew certification and training, SAR, and so on. IMO regulation is a mixture of prescribed standards (e.g., waste discharges in the marine environment) and goal-based (e.g., construction standards), frequently with intermixed mandatory requirements and recommendations.
The complementarity of the regulatory interface between ISA and IMO is exemplified in the protection and preservation of the marine environment from activities in the Area. The harmful effects produced from the activities in the Area as described in Article 145 and as understood by the Seabed Advisory Opinion, require ISA regulatory
56
ISA TECHNICAL STUDY NO. 25
intervention through the exploration and exploitation regulations. The ships deployed to support activities in the Area and to export the minerals will in turn produce harmful wastes and emissions as a direct result of their operation (e.g., oil, noxious liquid substances, sewage, garbage and atmospheric releases), which are regulated by MARPOL. Moreover, the disposal of wastes from activities in the Area and the London Convention and Protocol regimes also potentially interface in a complementary manner. The need for pollution prevention from mining and from shipping in the combined or coordinated operation provides a complementary
interface of competencies of ISA and IMO.It is possible that there could be occasional regulatory overlaps, despite the clear general allocation of competencies. More likely, ISA is in a position to benefit from the regulatory experience of IMO and the London Convention and Protocol as it proceeds with the development of exploitation regulations and the subsidiary instruments that will be needed, such as waste assessment guidelines. These situations would be best addressed on a case-by-case basis by ISA and IMO in accordance with their agreement on cooperation mentioned at the outset of this report.259
259 IMO-ISA Agreement (n 6).
ISA TECHNICAL STUDY NO. 25
57
AN
NEX
1: A
CTIV
ITIE
S IN
TH
E A
REA
Prov
ision
Activ
ity (e
mph
asis
adde
d)Se
abed
Adv
isory
Opi
nion
(em
phas
is a
dded
)
UN
CLO
S Ar
t 1(3
)“a
ctiv
ities
in t
he A
rea”
mea
ns a
ll ac
tiviti
es o
f ex
plor
atio
n fo
r, an
d ex
ploi
tatio
n of
, the
reso
urce
s of t
he A
rea.
Para
83:
‘Som
e in
dica
tion
of th
e m
eani
ng o
f the
term
“act
iviti
es in
the
Area
” m
ay b
e fo
und
in A
nnex
IV, a
rticl
e 1,
par
agra
ph 1
…’
UN
CLO
S Ar
t 133
(a) "
reso
urce
s" m
eans
all
solid
, liqu
id o
r gas
eous
min
eral
reso
urce
s in
situ
in th
e Ar
ea a
t or b
enea
th th
e se
abed
, inc
ludi
ng p
olym
etal
lic
nodu
les;
(b)
reso
urce
s, w
hen
reco
vere
d fro
m t
he A
rea,
are
ref
erre
d to
as
"min
eral
s".
Para
82:
‘The
two
defin
ition
s … d
o no
t ind
icat
e w
hat i
s mea
nt b
y “e
xplo
ratio
n”
and
“exp
loita
tion”
.’
UN
CLO
S Ar
t 145
Nec
essa
ry
mea
sure
s sh
all
be
take
n in
ac
cord
ance
w
ith
this
Conv
entio
n w
ith re
spec
t to
activ
ities
in th
e Ar
ea to
ens
ure
effe
ctiv
e pr
otec
tion
for
the
mar
ine
envi
ronm
ent
from
har
mfu
l ef
fect
s w
hich
may
aris
e fr
om s
uch
activ
ities
. To
this
end
the
Auth
ority
sh
all a
dopt
app
ropr
iate
rule
s, re
gula
tions
and
pro
cedu
res
for i
nter
al
ia:
(a)
the
prev
entio
n, r
educ
tion
and
cont
rol o
f po
llutio
n an
d ot
her
haza
rds
to th
e m
arin
e en
viro
nmen
t, in
clud
ing
the
coas
tline
, and
of
inte
rfere
nce
with
the
ecol
ogic
al b
alan
ce o
f the
mar
ine
envi
ronm
ent,
parti
cula
r at
tent
ion
bein
g pa
id t
o th
e ne
ed f
or p
rote
ctio
n fro
m
harm
ful e
ffect
s of s
uch
activ
ities
as d
rillin
g, d
redg
ing,
exc
avat
ion,
di
spos
al o
f w
aste
, con
stru
ctio
n an
d op
erat
ion
or m
aint
enan
ce
of i
nsta
llatio
ns,
pipe
lines
and
oth
er d
evic
es r
elat
ed t
o su
ch
activ
ities
;(b
) the
pro
tect
ion
and
cons
erva
tion
of th
e na
tura
l res
ourc
es o
f the
Ar
ea a
nd th
e pr
even
tion
of d
amag
e to
the
flora
and
faun
a of
the
mar
ine
envi
ronm
ent.
Para
85:
‘Arti
cle
145
of t
he C
onve
ntio
n, w
hich
pre
scrib
es t
he t
akin
g of
“[n
]ec
essa
ry m
easu
res
. . .
with
resp
ect t
o ac
tiviti
es in
the
Area
to e
nsur
e ef
fect
ive
prot
ectio
n fo
r the
mar
ine
envi
ronm
ent f
rom
har
mfu
l effe
cts
whi
ch m
ay a
rise
from
suc
h ac
tiviti
es”,
indi
cate
s th
e ac
tiviti
es in
resp
ect o
f whi
ch th
e Au
thor
ity
shou
ld a
dopt
rul
es,
regu
latio
ns a
nd p
roce
dure
s. Th
ese
activ
ities
inc
lude
: “d
rillin
g, d
redg
ing,
exc
avat
ion,
dis
posa
l of
was
te,
cons
truc
tion
and
oper
atio
n or
mai
nten
ance
of
inst
alla
tions
, pip
elin
es a
nd o
ther
dev
ices
re
late
d to
suc
h ac
tiviti
es”.
In th
e vi
ew o
f the
Cha
mbe
r, th
ese
activ
ities
are
in
clud
ed in
the
notio
n of
“ac
tiviti
es in
the
Are
a”.’
58
ISA TECHNICAL STUDY NO. 25
UN
CLO
S An
nex
III,
Art 1
7 (2
)(f)
Rule
s, re
gula
tions
and
pro
cedu
res s
hall
be d
raw
n up
in o
rder
to
secu
re e
ffect
ive
prot
ectio
n of
the
mar
ine
envi
ronm
ent f
rom
ha
rmfu
l effe
cts d
irect
ly re
sulti
ng fr
om a
ctiv
ities
in th
e Ar
ea o
r fr
om s
hipb
oard
pro
cess
ing
imm
edia
tely
abo
ve a
min
e si
te o
f m
iner
als d
eriv
ed fr
om th
at m
ine
site,
taki
ng in
to a
ccou
nt th
e ex
tent
to
whi
ch s
uch
harm
ful e
ffect
s m
ay d
irect
ly re
sult
from
dril
ling,
dr
edgi
ng, c
orin
g an
d ex
cava
tion
and
from
dis
posa
l, du
mpi
ng
and
disc
harg
e in
to th
e m
arin
e en
viro
nmen
t of s
edim
ent,
was
tes
or o
ther
effl
uent
s.
Para
86:
Thi
s pro
visio
n ‘se
ts o
ut th
e cr
iteria
for t
he ru
les,
regu
latio
ns a
nd
proc
edur
es c
once
rnin
g pr
otec
tion
of th
e m
arin
e en
viro
nmen
t to
be d
raw
n up
by
the
Auth
ority
giv
es fu
rther
use
ful i
ndic
atio
ns o
f wha
t is i
nclu
ded
in th
e no
tion
of “a
ctiv
ities
in th
e Ar
ea”.’
Para
88:
‘…“s
hipb
oard
pro
cess
ing
imm
edia
tely
abo
ve a
min
e si
te o
f m
iner
als
deriv
ed fr
om th
at m
ine
site
” is
to b
e co
nsid
ered
as
incl
uded
in
“act
iviti
es in
the
Are
a”. A
s the
afo
rem
entio
ned
list o
f act
iviti
es re
fers
with
out
dist
inct
ion
to th
e ha
rmfu
l effe
cts
resu
lting
dire
ctly
from
“act
iviti
es in
the
Area
” and
from
“shi
pboa
rd p
roce
ssin
g”, t
he tw
o ar
e to
be
seen
as
part
of
the
sam
e ki
nd o
f act
iviti
es.
UN
CLO
S An
nex
IV,
Art 1
The
Ente
rpris
e is
the
orga
n of
the
Auth
ority
whi
ch sh
all c
arry
out
ac
tiviti
es in
the
Area
dire
ctly,
pur
suan
t to
artic
le 1
53, p
arag
raph
2(
a), a
s w
ell a
s th
e tr
ansp
ortin
g, p
roce
ssin
g an
d m
arke
ting
of
min
eral
s re
cove
red
from
the
Are
a.
Para
84:
‘Thi
s pro
visio
n di
stin
guis
hes
“act
iviti
es in
the
Are
a” w
hich
the
Ente
rpris
e ca
rrie
s out
dire
ctly
pur
suan
t to
artic
le 1
53, p
arag
raph
2(a
), of
th
e Co
nven
tion,
from
oth
er a
ctiv
ities
with
whi
ch th
e En
terp
rise
is en
trust
ed,
nam
ely,
the
trans
porti
ng, p
roce
ssin
g an
d m
arke
ting
of m
iner
als r
ecov
ered
fr
om th
e A
rea.
Con
sequ
ently
, the
latt
er a
ctiv
ities
are
not
incl
uded
in th
e no
tion
of “
activ
ities
in th
e A
rea”
refe
rred
to in
Ann
ex IV
, arti
cle
1, p
arag
raph
1,
of t
he C
onve
ntio
n.’
Para
87:
‘The
pro
visio
ns c
onsid
ered
in th
e pr
eced
ing
para
grap
hs [r
efer
ring
to p
aras
83
to 8
6] c
onfir
m th
at p
roce
ssin
g an
d tr
ansp
ortin
g as
men
tione
d in
Ann
ex IV
, art
icle
1, p
arag
raph
1, o
f the
Con
vent
ion
are
excl
uded
fr
om th
e no
tion
of “
activ
ities
in th
e A
rea”
. The
y se
t out
list
s of a
ctiv
ities
w
hose
har
mfu
l effe
cts a
re in
dica
ted
as d
irect
ly re
sulti
ng fr
om su
ch a
ctiv
ities
. Th
ese
lists
may
be
seen
as a
n in
dica
tion
of w
hat t
he C
onve
ntio
n co
nsid
ers
as in
clud
ed in
the
notio
n of
“act
iviti
es in
the
Area
”. Th
ese
activ
ities
incl
ude:
dr
illin
g, d
redg
ing,
cor
ing,
and
exc
avat
ion;
disp
osal
, dum
ping
and
disc
harg
e in
to th
e m
arin
e en
viro
nmen
t of s
edim
ent,
was
tes
or o
ther
effl
uent
s; a
nd
cons
truc
tion
and
oper
atio
n or
mai
nten
ance
of i
nsta
llatio
ns, p
ipel
ines
an
d ot
her d
evic
es re
late
d to
suc
h ac
tiviti
es.
ISA TECHNICAL STUDY NO. 25
59
Nod
ules
&
Sulp
hide
s R
eg
ula
-tio
ns,
Reg
3(b)
an
d (a
)
“Exp
lora
tion”
mea
ns s
earc
hing
for
dep
osits
of
poly
met
allic
no
dule
s in
the
Are
a w
ith e
xclu
sive
rig
hts,
the
ana
lysi
s of
suc
h de
posi
ts,
the
test
ing
of c
olle
ctin
g sy
stem
s an
d eq
uipm
ent,
proc
essi
ng
faci
litie
s an
d tr
ansp
orta
tion
syst
ems,
an
d th
e ca
rryi
ng o
ut o
f stu
dies
of t
he e
nviro
nmen
tal,
tech
nica
l, ec
onom
ic,
com
mer
cial
and
oth
er a
ppro
pria
te fa
ctor
s th
at m
ust b
e ta
ken
into
ac
coun
t in
expl
oita
tion.
“Exp
loita
tion”
mea
ns t
he r
ecov
ery
for
com
mer
cial
pur
pose
s of
po
lym
etal
lic n
odul
es in
the
Are
a an
d th
e ex
trac
tion
of m
iner
als
ther
efro
m, i
nclu
ding
the
cons
truc
tion
and
oper
atio
n of
min
ing,
pr
oces
sing
and
tran
spor
tatio
n sy
stem
s fo
r th
e pr
oduc
tion
and
mar
ketin
g of
met
als.
Para
91:
‘Th
ese
prov
ision
s of
the
Nod
ules
Reg
ulat
ions
and
the
Sul
phid
es
Regu
latio
ns in
clud
e in
the
not
ion
of e
xplo
ratio
n th
e te
stin
g of
pro
cess
ing
faci
litie
s and
tran
spor
tatio
n sy
stem
s and
in th
at o
f exp
loita
tion
the
cons
truct
ion
and
oper
atio
n of
pro
cess
ing
and
trans
porta
tion
syst
ems.’
Para
92:
‘Th
e sc
ope
of “
expl
orat
ion”
and
“ex
ploi
tatio
n” a
s de
fined
in
the
Regu
latio
ns se
ems b
road
er th
an th
e “a
ctiv
ities
in th
e Ar
ea” e
nvisa
ged
in A
nnex
IV
, arti
cle
1, p
arag
raph
1, a
nd in
arti
cle
145
and
Anne
x III
, arti
cle
17, p
arag
raph
2
(f), o
f the
Con
vent
ion.
Pro
cess
ing
and
tran
spor
tatio
n ar
e in
clud
ed in
the
notio
n of
exp
lora
tion
and
expl
oita
tion
of th
e Re
gula
tions
, but
not
in th
at
of “
activ
ities
in th
e A
rea”
in th
e pr
ovis
ion
of A
nnex
IV o
f the
Con
vent
ion,
w
hich
has
just
bee
n ci
ted.
’
Para
93:
‘The
diff
eren
ce in
sco
pe o
f “ac
tiviti
es in
the
Area
” in
the
prov
ision
s of
the
Con
vent
ion
and
in t
he N
odul
es R
egul
atio
ns a
nd t
he S
ulph
ides
Re
gula
tions
mak
es it
nec
essa
ry to
exa
min
e th
e re
leva
nt p
rovi
sions
with
in th
e br
oade
r fra
mew
ork
of th
e Co
nven
tion.
It w
ould
see
m p
refe
rabl
e to
con
sider
th
at th
e m
eani
ng o
f “ac
tiviti
es in
the
Area
” in
artic
les
139
and
Anne
x III
, arti
cle
4, p
arag
raph
4, o
f the
Con
vent
ion
is co
nsist
ent w
ith th
at o
f arti
cle
145
and
Anne
x III
, arti
cle
17, p
arag
raph
2(f)
, and
Ann
ex IV
, arti
cle
1, p
arag
raph
1, r
athe
r th
an w
ith th
at o
f “ex
plor
atio
n” a
nd “e
xplo
itatio
n” in
the
two
Regu
latio
ns. T
he
afor
emen
tione
d ar
ticle
s of t
he C
onve
ntio
n an
d of
Ann
exes
III a
nd IV
, all b
elon
g to
the
sam
e le
gal i
nstru
men
t. Th
ey w
ere
nego
tiate
d by
the
sam
e pa
rties
and
ad
opte
d at
the
sam
e tim
e. I
t th
eref
ore
seem
s re
ason
able
to
assu
me
that
th
e m
eani
ng o
f an
expr
essio
n (o
r the
exc
lusio
n of
cer
tain
act
iviti
es fr
om th
e sc
ope
of t
hat
expr
essio
n) in
one
pro
visio
n al
so a
pplie
s to
the
oth
ers.
The
Regu
latio
ns a
re in
stru
men
ts s
ubor
dina
te to
the
Conv
entio
n, w
hich
, if n
ot
in c
onfo
rmity
with
it, s
houl
d be
inte
rpre
ted
so a
s to
ens
ure
cons
iste
ncy
with
its
pro
visi
ons.
The
y m
ay,
neve
rthe
less
be
used
to
clar
ify a
nd
supp
lem
ent c
erta
in a
spec
ts o
f the
rele
vant
pro
visio
ns o
f the
Con
vent
ion.
’
60
ISA TECHNICAL STUDY NO. 25
Nod
ules
&
Sulp
hide
s R
eg
ula
-tio
ns,
Reg
3(b)
an
d (a
)
Para
94:
‘In
light
of t
he a
bove
, the
exp
ress
ion
“act
iviti
es in
the
Area
”, in
the
cont
ext o
f bot
h ex
plor
atio
n an
d ex
ploi
tatio
n, in
clud
es, fi
rst o
f all,
the
reco
very
of
min
eral
s fro
m th
e se
abed
and
thei
r lift
ing
to th
e w
ater
surfa
ce.’
Para
95:
‘Act
iviti
es d
irect
ly c
onne
cted
with
thos
e m
entio
ned
in th
e pr
evio
us
para
grap
h su
ch a
s th
e ev
acua
tion
of w
ater
fro
m t
he m
iner
als
and
the
prel
imin
ary
sepa
ratio
n of
mat
eria
ls o
f no
com
mer
cial
inte
rest
, inc
ludi
ng
thei
r di
spos
al a
t se
a, a
re d
eem
ed t
o be
cov
ered
by
the
expr
essi
on
“act
iviti
es i
n th
e A
rea”
. “P
roce
ssin
g”,
nam
ely,
the
proc
ess
thro
ugh
whi
ch
met
als
are
extra
cted
from
the
min
eral
s an
d w
hich
is n
orm
ally
con
duct
ed a
t a
plan
t situ
ated
on
land
, is
excl
uded
from
the
expr
essio
n “a
ctiv
ities
in th
e Ar
ea”.
This
is co
nfirm
ed b
y th
e w
ordi
ng o
f Ann
ex IV
, arti
cle
1, p
arag
raph
1, o
f the
Co
nven
tion
as w
ell a
s by
info
rmat
ion
prov
ided
by
the
Auth
ority
at t
he re
ques
t of
the
Cha
mbe
r.’
Para
96:
‘Tra
nspo
rtat
ion
to p
oint
s on
land
from
the
part
of
the
high
sea
s su
perja
cent
to
the
part
of
the
Are
a in
whi
ch t
he c
ontr
acto
r op
erat
es
cann
ot b
e in
clud
ed in
the
not
ion
of “
activ
ities
in t
he A
rea”
, as
it w
ould
be
inc
ompa
tible
with
the
exc
lusio
n of
tra
nspo
rtatio
n fro
m “
activ
ities
in
the
Area
” in
Ann
ex IV
, arti
cle
1, p
arag
raph
1, o
f th
e C
onve
ntio
n. H
owev
er,
tran
spor
tatio
n w
ithin
that
par
t of t
he h
igh
seas
, whe
n di
rect
ly c
onne
cted
w
ith e
xtra
ctio
n an
d lif
ting,
sho
uld
be in
clud
ed in
act
iviti
es in
the
Are
a. In
th
e ca
se o
f pol
ymet
allic
nod
ules
, thi
s ap
plie
s, fo
r in
stan
ce, t
o tra
nspo
rtatio
n be
twee
n th
e sh
ip o
r in
stal
latio
n w
here
the
liftin
g pr
oces
s en
ds a
nd a
noth
er
ship
or i
nsta
llatio
n w
here
the
evac
uatio
n of
wat
er a
nd th
e pr
elim
inar
y se
para
tion
and
disp
osal
of m
ater
ial t
o be
disc
arde
d ta
ke p
lace
. The
incl
usio
n of
tran
spor
tatio
n to
poi
nts
on la
nd
coul
d cr
eate
an
unne
cess
ary
confl
ict
with
pro
visi
ons
of t
he C
onve
ntio
n su
ch a
s th
ose
that
con
cern
nav
igat
ion
on th
e hi
gh s
eas.’
Para
97:
‘One
con
sequ
ence
of t
he e
xclu
sion
of w
ater
eva
cuat
ion
and
disp
osal
of
mat
eria
l fro
m “a
ctiv
ities
in th
e Ar
ea” w
ould
be
that
the
activ
ities
con
duct
ed
by th
e co
ntra
ctor
whi
ch a
re a
mon
g th
e m
ost h
azar
dous
to th
e en
viro
nmen
t w
ould
be
excl
uded
from
thos
e to
whi
ch th
e re
spon
sibili
ties o
f the
spon
sorin
g St
ate
appl
y. Th
is w
ould
be
cont
rary
to th
e ge
nera
l obl
igat
ion
of S
tate
s Par
ties,
unde
r ar
ticle
192
of
the
Conv
entio
n, “
to p
rote
ct a
nd p
rese
rve
the
mar
ine
envi
ronm
ent”.
’
ISA TECHNICAL STUDY NO. 25
61
AN
NEX
2: R
ULE
S O
F RE
FERE
NCE
TO
IMO
’S R
EGU
LATO
RY
COM
PETE
NCI
ES IN
UN
CLO
S
Part
Art.
Prov
ision
Rule
of r
efer
ence
(em
phas
is a
dded
)Pe
rtine
nt in
stru
men
ts
II:
Terr
i-to
rial
Sea
and
Con-
tig
uo
us
Zone
21La
ws
and
reg-
ulat
ions
of t
he
coas
tal
Stat
e re
latin
g to
in-
noce
nt
pas-
sage
(2) S
uch
law
s and
regu
latio
ns sh
all n
ot a
pply
to th
e de
sign,
con
stru
ctio
n, m
anni
ng o
r equ
ipm
ent o
f fo
reig
n sh
ips u
nles
s the
y are
giv
ing
effe
ct to
gen
eral
ly a
ccep
ted
inte
rnat
iona
l rul
es o
r sta
ndar
ds.
(4) ‘
Fore
ign
ship
s ex
erci
sing
the
right
of i
nnoc
ent p
assa
ge th
roug
h th
e te
rrito
rial s
ea s
hall
com
ply
with
all
such
law
s an
d re
gula
tions
and
all
gene
rally
acc
epte
d in
tern
atio
nal r
egul
atio
ns re
latin
g to
the
prev
entio
n of
col
lisio
ns a
t sea
.
(2)
SOLA
S an
d co
des;
LL
Con
vent
ion
& In
tact
St
abili
ty C
ode;
STC
W
Con
vent
ion
& ST
CW
C
ode
(4) C
OLR
EGS
22
Sea
lane
s an
d tra
ffic
sepa
ra-
tion
sche
mes
in
the
terr
itori-
al se
a
(3) I
n th
e de
signa
tion
of se
a la
nes a
nd th
e pr
escr
iptio
n of
traf
ficse
para
tion
sche
mes
und
er th
is ar
ticle
, the
coa
stal
Sta
te sh
all t
ake
into
acc
ount
:(a
) the
reco
mm
enda
tions
of t
he c
ompe
tent
inte
rnat
iona
l org
aniz
atio
n;
(a)
SOLA
S (C
hap
V,
Rout
eing
); C
OLR
EGS
(Rul
e 10
)
23
Fore
ign
nucl
e-ar
-po
we
red
ship
s an
d sh
ips
carr
ying
nu
clea
r or o
th-
er
inhe
rent
ly
dang
erou
s or
no
xiou
s su
b-st
ance
s
Fore
ign
nucl
ear-p
ower
ed sh
ips a
nd sh
ips c
arry
ing
nucl
ear o
r oth
erin
here
ntly
dan
gero
us o
r nox
ious
sub
stan
ces
shal
l, w
hen
exer
cisin
g th
e rig
ht o
f inn
ocen
t pas
sage
th
roug
h th
e te
rrito
rial
sea,
car
ry d
ocum
ents
and
obs
erve
spe
cial
pre
caut
iona
ry m
easu
res
esta
blis
hed
for s
uch
ship
s by
inte
rnat
iona
l agr
eem
ents
.SO
LAS
(with
IAEA
)
III:
Stra
its
Use
d fo
r In
tern
atio
-na
l N
avi-
gatio
n
39D
utie
s of s
hips
…
dur
ing
tran-
sit p
assa
ge
(2) S
hips
in tr
ansit
pas
sage
shal
l:(a
) com
ply
with
gen
eral
ly a
ccep
ted
inte
rnat
iona
l reg
ulat
ions
,pr
oced
ures
and
pra
ctic
es fo
r saf
ety
at s
ea, i
nclu
ding
the
Inte
rnat
iona
l Reg
ulat
ions
for P
reve
ntin
g Co
llisi
ons
at S
ea;
(b) c
ompl
y w
ith g
ener
ally
acc
epte
d in
tern
atio
nal r
egul
atio
ns,
proc
edur
es a
nd p
ract
ices
for t
he p
reve
ntio
n, re
duct
ion
and
cont
rol o
f pol
lutio
n fr
om s
hips
.
(a) S
OLA
S &
code
s; L
L C
onve
ntio
n &
Inta
ct
Stab
ility
C
ode;
C
OL-
REG
S (b
) M
ARPO
L;
BWM
C
onve
ntio
n;
AFS
Co
vent
ion
62
ISA TECHNICAL STUDY NO. 25
IV:
Arch
i-p
ela
gic
St
ates
54D
utie
s of s
hips
du
ring
thei
r pa
ssag
e, e
tc.
Artic
les 3
9 …
app
lies m
utat
is m
utan
dis t
o ar
chip
elag
ic se
a la
nes p
assa
ge.
Sam
e as
39(
2)(a
) & (b
)
V: E
EZ60
Artifi
cial
is-
land
s, in
stal
-la
tions
an
d st
ruct
ures
in
th
e ex
clus
ive
ec
on
om
ic
zone
(3) …
Any
inst
alla
tions
or s
truct
ures
whi
ch a
re a
band
oned
or d
isuse
d sh
all b
e re
mov
ed to
ens
ure
safe
ty o
f na
viga
tion,
tak
ing
into
acc
ount
any
gen
eral
ly a
ccep
ted
inte
rnat
iona
l st
anda
rds
esta
blis
hed
in th
is re
gard
by
the
com
pete
nt in
tern
atio
nal o
rgan
izat
ion.
(5
) Th
e br
eadt
h of
the
saf
ety
zone
s sh
all
be d
eter
min
ed b
y th
e co
asta
l St
ate,
tak
ing
into
ac
coun
t ap
plic
able
int
erna
tiona
l st
anda
rds.
Suc
h zo
nes
shal
l be
desig
ned
to e
nsur
e th
at
they
are
rea
sona
bly
rela
ted
to th
e na
ture
and
func
tion
of th
e ar
tifici
al is
land
s, in
stal
latio
ns o
r st
ruct
ures
, and
sha
ll no
t exc
eed
a di
stan
ce o
f 500
met
res
arou
nd th
em, m
easu
red
from
eac
h po
int o
f the
ir ou
ter e
dge,
exc
ept a
s aut
horiz
ed b
y ge
nera
lly a
ccep
ted
inte
rnat
iona
l sta
ndar
ds o
r as
reco
mm
ende
d by
the
com
pete
nt in
tern
atio
nal o
rgan
izat
ion.
(6) A
ll sh
ips m
ust r
espe
ct th
ese
safe
ty zo
nes a
nd sh
all c
ompl
y w
ithge
nera
lly a
ccep
ted
inte
rnat
iona
l sta
ndar
ds re
gard
ing
navi
gatio
n in
the
vici
nity
of a
rtifi
cial
is
land
s, in
stal
latio
ns, s
truc
ture
s an
d sa
fety
zon
es.
(3)
Lond
on C
onve
ntio
n &
Prot
ocol
; IM
O G
uide
-lin
es a
nd S
tand
ards
for
th
e Re
mov
al o
f Offs
hore
In
stal
latio
ns a
nd S
truc-
ture
s on
the
Con
tinen
tal
Shel
f and
in th
e Ex
clus
i-ve
Eco
nom
ic Z
one
(5)
IMO
Res
olut
ion
on
Safe
ty Z
ones
and
Saf
e-ty
of N
avig
atio
n ar
ound
O
ffsho
re
Inst
alla
tions
an
d St
ruct
ures
(6) S
OLA
S; C
OLR
EGS
VI:
Con-
tin
en
tal
Shel
f80
Artifi
cial
is-
land
s, in
sta-
llatio
ns
and
stru
ctur
es
on
the
cont
inen
-ta
l she
lf
Artic
le 6
0(3)
, (5)
and
(6) a
pply
mut
atis
mut
andi
s to
arti
ficia
l isla
nds,
inst
alla
tions
and
stru
ctur
es
on th
e co
ntin
enta
l she
lf.Sa
me
as 6
0(3)
, (5)
& (6
)
ISA TECHNICAL STUDY NO. 25
63
VII:
Hig
h Se
as94
Dut
ies
of t
he
flag
Stat
e
(3) E
very
Sta
te sh
all t
ake
such
mea
sure
s for
ship
s flyi
ng it
s flag
as a
rene
cess
ary
to e
nsur
e sa
fety
at s
ea w
ith re
gard
, int
er a
lia, t
o:(a
) the
con
stru
ctio
n, e
quip
men
t and
seaw
orth
ines
s of s
hips
;(b
) the
man
ning
of s
hips
, lab
our c
ondi
tions
and
the
train
ing
ofcr
ews,
taki
ng in
to a
ccou
nt th
e ap
plic
able
inte
rnat
iona
l ins
trum
ents
;(c
) the
use
of s
igna
ls, th
e m
aint
enan
ce o
f com
mun
icat
ions
and
the
prev
entio
n of
col
lisio
ns.
(4) S
uch
mea
sure
s sha
ll in
clud
e th
ose
nece
ssar
y to
ens
ure:
(a
) tha
t eac
h sh
ip, b
efor
e re
gist
ratio
n an
d th
erea
fter a
t app
ropr
iate
inte
rval
s, is
surv
eyed
by
a qu
alifi
ed su
rvey
or o
f shi
ps, a
nd h
as o
n bo
ard
such
cha
rts, n
autic
al p
ublic
atio
ns a
nd n
avig
atio
nal
equi
pmen
t and
inst
rum
ents
as a
re a
ppro
pria
te fo
r the
safe
nav
igat
ion
of th
e sh
ip;
(b) t
hat e
ach
ship
is in
the
char
ge o
f a m
aste
r and
offi
cers
who
pos
sess
app
ropr
iate
qua
lifica
tions
, in
par
ticul
ar in
sea
man
ship
, nav
igat
ion,
com
mun
icat
ions
and
mar
ine
engi
neer
ing,
and
that
the
crew
is a
ppro
pria
te in
qua
lifica
tion
and
num
bers
for t
he ty
pe, s
ize, m
achi
nery
and
equ
ipm
ent o
f th
e sh
ip;
(c) t
hat t
he m
aste
r, of
ficer
s an
d, to
the
exte
nt a
ppro
pria
te, t
he c
rew
are
fully
con
vers
ant w
ith
and
requ
ired
to o
bser
ve th
e ap
plic
able
inte
rnat
iona
l reg
ulat
ions
con
cern
ing
the
safe
ty o
f lif
e at
sea
, the
pre
vent
ion
of c
ollis
ions
, the
pre
vent
ion,
red
uctio
n an
d co
ntro
l of
mar
ine
pollu
tion,
and
the
mai
nten
ance
of c
omm
unic
atio
ns b
y ra
dio.
(5) I
n ta
king
the
mea
sure
s ca
lled
for i
n pa
ragr
aphs
3 a
nd 4
eac
h St
ate
is re
quire
d to
con
form
to
gen
eral
ly a
ccep
ted
inte
rnat
iona
l reg
ulat
ions
, pro
cedu
res
and
prac
tices
and
to ta
ke a
ny
step
s whi
ch m
ay b
e ne
cess
ary
to se
cure
thei
r obs
erva
nce.
(3) S
TCW
Con
vent
ion
& ST
CW
Cod
e; M
LC(4
) ST
CW
C
onve
ntio
n &
STC
W C
ode;
SO
LAS
and
ISM
C
ode;
C
OL-
REG
S; M
ARPO
L; B
WM
C
onve
ntio
n(5
) All
of th
e ab
ove,
and
ge
nera
lly a
ll IM
O c
on-
vent
ions
, cod
es a
nd g
ui-
delin
es.
XII:
Prot
ec-
tion
and
Pres
erva
-tio
n of
the
Mar
ine
En-
viro
nmen
t
210
Pollu
tion
by
dum
ping
(4)
Stat
es,
actin
g es
peci
ally
thr
ough
com
pete
nt i
nter
natio
nal
orga
niza
tions
or
dipl
omat
ic
conf
eren
ce,
shal
l en
deav
our
to
esta
blish
gl
obal
an
d re
gion
al
rule
s,
stan
dard
s an
d re
com
men
ded
prac
tices
and
pro
cedu
res
to p
reve
nt, r
educ
e an
d co
ntro
l suc
h po
llutio
n. S
uch
rule
s, st
anda
rds
and
reco
mm
ende
d pr
actic
es a
nd p
roce
dure
s sh
all b
e re
-exa
min
ed fr
om ti
me
to ti
me
as n
eces
sary
.(6
) Nat
iona
l law
s, re
gula
tions
and
mea
sure
s sha
ll be
no
less
effe
ctiv
e in
pre
vent
ing,
redu
cing
and
co
ntro
lling
such
pol
lutio
n th
an th
e gl
obal
rule
s and
stan
dard
s.
(4),
(6) L
ondo
n C
onve
n-tio
n &
Prot
ocol
64
ISA TECHNICAL STUDY NO. 25
XII:
Prot
ec-
tion
and
Pres
erva
-tio
n of
the
Mar
ine
En-
viro
nmen
t
211
Pollu
tion
from
ve
ssel
s
(1)
Stat
es,
actin
g th
roug
h th
e co
mpe
tent
int
erna
tiona
l or
gani
zatio
n or
gen
eral
dip
lom
atic
co
nfer
ence
, sha
ll es
tabl
ish in
tern
atio
nal r
ules
and
sta
ndar
ds t
o pr
even
t, re
duce
and
con
trol
pollu
tion
of t
he m
arin
e en
viro
nmen
t fro
m v
esse
ls an
d pr
omot
e th
e ad
optio
n, i
n th
e sa
me
man
ner,
whe
reve
r app
ropr
iate
, of r
oute
ing
syst
ems d
esig
ned
to m
inim
ize th
e th
reat
of a
ccid
ents
w
hich
mig
ht c
ause
pol
lutio
n of
the
mar
ine
envi
ronm
ent,
incl
udin
g th
e co
astli
ne, a
nd p
ollu
tion
dam
age
to th
e re
late
d in
tere
sts
of c
oast
al S
tate
s. Su
ch ru
les
and
stan
dard
s sh
all,
in th
e sa
me
man
ner,
be re
-exa
min
ed fr
om ti
me
to ti
me
as n
eces
sary
.(2
) Sta
tes s
hall
adop
t law
s and
regu
latio
ns fo
r the
pre
vent
ion,
redu
ctio
n an
d co
ntro
l of p
ollu
tion
of t
he m
arin
e en
viro
nmen
t fro
m v
esse
ls fly
ing
thei
r fla
g or
of
thei
r re
gist
ry. S
uch
law
s an
d re
gula
tions
shal
l at l
east
hav
e th
e sa
me
effe
ct a
s tha
t of g
ener
ally
acc
epte
d in
tern
atio
nal r
ules
an
d st
anda
rds
esta
blis
hed
thro
ugh
the
com
pete
nt in
tern
atio
nal o
rgan
izat
ion
or g
ener
al
dipl
omat
ic c
onfe
renc
e.(5
) Coa
stal
Sta
tes,
for t
he p
urpo
se o
f enf
orce
men
t as
prov
ided
for i
n se
ctio
n 6,
may
in re
spec
t of
the
ir ex
clus
ive
econ
omic
zon
es a
dopt
law
s an
d re
gula
tions
for
the
pre
vent
ion,
red
uctio
n an
d co
ntro
l of p
ollu
tion
from
ves
sels
conf
orm
ing
to a
nd g
ivin
g ef
fect
to g
ener
ally
acc
epte
d in
tern
atio
nal
rule
s an
d st
anda
rds
est
ablis
hed
thro
ugh
the
com
pete
nt i
nter
natio
nal
orga
niza
tion
or g
ener
al d
iplo
mat
ic c
onfe
renc
e.(6
) (a)
Whe
re th
e in
tern
atio
nal r
ules
and
sta
ndar
ds re
ferre
d to
in p
arag
raph
1 a
re in
adeq
uate
to
mee
t spe
cial
circ
umst
ance
s an
d co
asta
l Sta
tes
have
reas
onab
le g
roun
ds fo
r bel
ievi
ng th
at a
pa
rticu
lar,
clea
rly d
efine
d ar
ea o
f the
ir re
spec
tive
excl
usiv
e ec
onom
ic zo
nes i
s an
area
whe
re th
e ad
optio
n of
spec
ial m
anda
tory
mea
sure
s for
the
prev
entio
n of
pol
lutio
n fro
m v
esse
ls is
requ
ired
for
reco
gnize
d te
chni
cal r
easo
ns in
rela
tion
to it
s oc
eano
grap
hica
l and
eco
logi
cal c
ondi
tions
, as
wel
l as
its u
tiliza
tion
or t
he p
rote
ctio
n of
its
reso
urce
s an
d th
e pa
rticu
lar
char
acte
r of
its
traffi
c, th
e co
asta
l Sta
tes,
afte
r app
ropr
iate
con
sulta
tions
thr
ough
the
com
pete
nt in
tern
atio
nal
orga
niza
tion
with
any
oth
er S
tate
s co
ncer
ned,
may
, for
tha
t ar
ea, d
irect
a c
omm
unic
atio
n to
th
at o
rgan
izatio
n, s
ubm
ittin
g sc
ient
ific
and
tech
nica
l evi
denc
e in
sup
port
and
info
rmat
ion
on
nece
ssar
y re
cept
ion
faci
litie
s. W
ithin
12
mon
ths
afte
r re
ceiv
ing
such
a c
omm
unic
atio
n, t
he
orga
niza
tion
shal
l det
erm
ine
whe
ther
the
cond
ition
s in
that
are
a co
rresp
ond
to th
e re
quire
men
ts
set o
ut a
bove
. If t
he o
rgan
izatio
n so
det
erm
ines
, the
coa
stal
Sta
tes m
ay, f
or th
at a
rea,
ado
pt la
ws
and
regu
latio
ns fo
r the
pre
vent
ion,
redu
ctio
n an
d co
ntro
l of p
ollu
tion
from
vess
els i
mpl
emen
ting
such
inte
rnat
iona
l rul
es a
nd s
tand
ards
or
navi
gatio
nal p
ract
ices
as
are
mad
e ap
plic
able
, th
roug
h th
e or
gani
zatio
n, f
or s
peci
al a
reas
. The
se la
ws
and
regu
latio
ns s
hall
not
beco
me
appl
icab
le to
fore
ign
vess
els
until
15
mon
ths
afte
r the
sub
miss
ion
of th
e co
mm
unic
atio
n to
the
orga
niza
tion.
(b) T
he c
oast
al S
tate
s sha
ll pu
blish
the
limits
of a
ny su
ch p
artic
ular
, cle
arly
defi
ned
area
.
(1),
(2),
(5)
& (7
) M
AR-
POL;
AF
S C
onve
ntio
n;
BWM
Co
nven
tion
& BW
M C
ode
ISA TECHNICAL STUDY NO. 25
65
XII:
Prot
ec-
tion
and
Pres
erva
-tio
n of
the
Mar
ine
En-
viro
nmen
t
211
Pollu
tion
from
ve
ssel
s
(c) I
f the
coa
stal
Sta
tes
inte
nd to
ado
pt a
dditi
onal
law
s an
d re
gula
tions
for
the
sam
e ar
ea fo
r th
e pr
even
tion,
redu
ctio
n an
d co
ntro
l of p
ollu
tion
from
ves
sels,
they
sha
ll, w
hen
subm
ittin
g th
e af
ores
aid
com
mun
icat
ion,
at t
he sa
me
time
notif
y th
e or
gani
zatio
n th
ereo
f. Su
ch a
dditi
onal
law
s an
d re
gula
tions
may
rela
te to
disc
harg
es o
r na
viga
tiona
l pra
ctic
es b
ut s
hall
not r
equi
re fo
reig
n ve
ssel
s to
obs
erve
de
sign,
con
stru
ctio
n, m
anni
ng o
r eq
uipm
ent
stan
dard
s ot
her
than
gen
eral
ly a
ccep
ted
inte
rnat
iona
l rul
es a
nd s
tand
ards
; the
y sh
all b
ecom
e ap
plic
able
to fo
reig
n ve
ssel
s 15
mon
ths
afte
r the
sub
miss
ion
of th
e co
mm
unic
atio
n to
the
orga
niza
tion,
pro
vide
d th
at th
e or
gani
zatio
n ag
rees
with
in 1
2 m
onth
s afte
r the
subm
issio
n of
the
com
mun
icat
ion.
(7) T
he in
tern
atio
nal r
ules
and
sta
ndar
ds re
ferre
d to
in th
is ar
ticle
shou
ldin
clud
e in
ter a
lia th
ose
rela
ting
to p
rom
pt n
otifi
catio
n to
coa
stal
Sta
tes,
who
se c
oast
line
or re
late
d in
tere
sts m
ay b
e af
fect
ed b
y in
cide
nts,
incl
udin
g m
ariti
me
casu
altie
s, w
hich
invo
lve
disc
harg
es o
r pro
babi
lity
of d
ischa
rges
.
(1),
(2),
(5)
& (7
) M
AR-
POL;
AF
S C
onve
ntio
n;
BWM
Co
nven
tion
& BW
M C
ode
212
Pollu
tion
from
or
thro
ugh
the
atm
osph
ere
(1) S
tate
s sha
ll ad
opt l
aws a
nd re
gula
tions
to p
reve
nt, r
educ
e an
d co
ntro
lpo
llutio
n of
the
mar
ine
envi
ronm
ent f
rom
or t
hrou
gh th
e at
mos
pher
e,ap
plic
able
to th
e ai
r sp
ace
unde
r th
eir
sove
reig
nty
and
to v
esse
ls fly
ing
thei
r fla
g or
ves
sels
or a
ircra
ft of
the
ir re
gist
ry,
taki
ng i
nto
acco
unt
inte
rnat
iona
lly a
gree
d ru
les,
stan
dard
s an
d re
com
men
ded
prac
tices
and
pro
cedu
res a
nd th
e sa
fety
of a
ir na
viga
tion.
(3)
Stat
es, a
ctin
g es
peci
ally
thr
ough
com
pete
nt i
nter
natio
nal
orga
niza
tions
or
dipl
omat
ic
conf
eren
ce,
shal
l en
deav
our
to e
stab
lish
glob
al a
nd r
egio
nal
rule
s, s
tand
ards
and
re
com
men
ded
prac
tices
and
pro
cedu
res
to p
reve
nt, r
educ
e an
d co
ntro
l suc
h po
llutio
n.
(1),
(3)
MAR
POL
Anne
x VI
214
Enfo
rcem
ent
with
resp
ect t
o po
llutio
n fro
m
seab
ed a
ctiv
i-tie
s
Stat
es s
hall
enfo
rce
thei
r law
s an
d re
gula
tions
ado
pted
in a
ccor
danc
e w
ith a
rticl
e 20
8 an
d sh
all
adop
t law
s and
regu
latio
ns a
nd ta
ke o
ther
mea
sure
sne
cess
ary
to im
plem
ent a
pplic
able
inte
rnat
iona
l rul
es a
nd s
tand
ards
est
ablis
hed
thro
ugh
com
pete
nt i
nter
natio
nal
orga
niza
tions
or
dipl
omat
ic c
onfe
renc
e to
pre
vent
, red
uce
and
cont
rol p
ollu
tion
of th
e m
arin
e en
viro
nmen
t aris
ing
from
or i
n co
nnec
tion
with
seab
ed a
ctiv
ities
su
bjec
t to
the
ir ju
risdi
ctio
n an
d fro
m a
rtific
ial i
sland
s, in
stal
latio
ns a
nd s
truct
ures
und
er t
heir
juris
dict
ion,
pur
suan
t to
artic
les 6
0 an
d 80
.
MAR
POL
Anne
xes
I-V;
AFS
Con
vent
ion;
BW
M
Con
vent
ion
216
Enfo
rcem
ent
with
re
spec
t to
pol
lutio
n by
du
mpi
ng
(1)
Law
s an
d re
gula
tions
ado
pted
in
acco
rdan
ce w
ith t
his
Conv
entio
n an
d ap
plic
able
in
tern
atio
nal
rule
s an
d st
anda
rds
esta
blis
hed
thro
ugh
com
pete
nt
inte
rnat
iona
l or
gani
zatio
ns o
r di
plom
atic
con
fere
nce
for
the
prev
entio
n, r
educ
tion
and
cont
rol
of
pollu
tion
of th
e m
arin
e en
viro
nmen
t by
dum
ping
shal
l be
enfo
rced
:(a
) by
the
coas
tal S
tate
with
rega
rd to
dum
ping
with
in it
s ter
ritor
ial s
ea o
r its
exc
lusiv
e ec
onom
ic
zone
or o
nto
its c
ontin
enta
l she
lf;(b
) by
the
flag
Stat
e w
ith re
gard
to v
esse
ls fly
ing
its fl
ag o
r ves
sels
or a
ircra
ft of
its r
egist
ry;
(c) b
y an
y St
ate
with
reg
ard
to a
cts
of lo
adin
g of
was
tes
or o
ther
mat
ter
occu
rrin
g w
ithin
its
terr
itory
or a
t its
off-
shor
e te
rmin
als.
Lond
on
Con
vent
ion
& Pr
otoc
ol
66
ISA TECHNICAL STUDY NO. 25
XII:
Prot
ec-
tion
and
Pres
erva
-tio
n of
the
Mar
ine
En-
viro
nmen
t
217
Enfo
rcem
ent
by fl
ag S
tate
s
(1) S
tate
s sha
ll en
sure
com
plia
nce
by v
esse
ls fly
ing
thei
r flag
or o
f the
ir re
gist
ry w
ith a
pplic
able
in
tern
atio
nal
rule
s an
d st
anda
rds,
est
ablis
hed
thro
ugh
the
com
pete
nt i
nter
natio
nal
orga
niza
tion
or g
ener
al d
iplo
mat
ic c
onfe
renc
e, a
nd w
ith th
eir l
aws
and
regu
latio
ns a
dopt
ed
in a
ccor
danc
e w
ith th
is Co
nven
tion
for t
he p
reve
ntio
n, re
duct
ion
and
cont
rol o
f pol
lutio
n of
the
mar
ine
envi
ronm
ent f
rom
ves
sels
and
shal
l acc
ordi
ngly
ado
pt la
ws
and
regu
latio
ns a
nd ta
ke
othe
r m
easu
res
nece
ssar
y fo
r th
eir
impl
emen
tatio
n. F
lag
Stat
es s
hall
prov
ide
for
the
effe
ctiv
e en
forc
emen
t of
such
rul
es, s
tand
ards
, law
s an
d re
gula
tions
, irre
spec
tive
of w
here
a v
iola
tion
occu
rs.
(2) S
tate
s sha
ll, in
par
ticul
ar, t
ake
appr
opria
te m
easu
res i
n or
der t
o en
sure
that
vess
els fl
ying
thei
r fla
g or
of t
heir
regi
stry
are
pro
hibi
ted
from
sai
ling,
unt
il th
ey c
an p
roce
ed to
sea
in c
ompl
ianc
e w
ith th
e re
quire
men
ts o
f th
e in
tern
atio
nal r
ules
and
sta
ndar
ds r
efer
red
to in
par
agra
ph
1, in
clud
ing
requ
irem
ents
in re
spec
t of d
esig
n, c
onst
ruct
ion,
equ
ipm
ent a
nd m
anni
ng o
f ve
ssel
s.(3
) Sta
tes
shal
l ens
ure
that
ves
sels
flyin
g th
eir fl
ag o
r of t
heir
regi
stry
car
ry o
n bo
ard
certi
ficat
es
requ
ired
by an
d iss
ued
purs
uant
to in
tern
atio
nal r
ules
and
stan
dard
s ref
erre
d to
in p
arag
raph
1.
Sta
tes s
hall
ensu
re th
at ve
ssel
s flyi
ng th
eir fl
ag a
re p
erio
dica
lly in
spec
ted
in o
rder
to ve
rify t
hat
such
cer
tifica
tes a
re in
con
form
ity w
ith th
e ac
tual
con
ditio
n of
the
vess
els.
Thes
e ce
rtific
ates
shal
l be
acc
epte
d by
oth
er S
tate
s as e
vide
nce
of th
e co
nditi
on o
f the
vess
els a
nd sh
all b
e re
gard
ed a
s ha
ving
the
sam
e fo
rce
as c
ertifi
cate
s iss
ued
by th
em, u
nles
s the
re a
re c
lear
gro
unds
for b
elie
ving
th
at th
e co
nditi
on o
f the
ves
sel d
oes
not c
orre
spon
d su
bsta
ntia
lly w
ith th
e pa
rticu
lars
of t
he
certi
ficat
es.
(4) I
f a v
esse
l com
mits
a v
iola
tion
of ru
les
and
stan
dard
s es
tabl
ishe
d th
roug
h th
e co
mpe
tent
in
tern
atio
nal o
rgan
izat
ion
or g
ener
al d
iplo
mat
ic co
nfer
ence
, the
flag
Sta
te, w
ithou
t pre
judi
ce
to a
rticl
es 2
18, 2
20 a
nd 2
28, s
hall
prov
ide
for i
mm
edia
te in
vest
igat
ion
and
whe
re a
ppro
pria
te
inst
itute
pro
ceed
ings
in r
espe
ct o
f th
e al
lege
d vi
olat
ion
irres
pect
ive
of w
here
the
vio
latio
n oc
curre
d or
whe
re th
e po
llutio
n ca
used
by
such
vio
latio
n ha
s occ
urre
d or
has
bee
n sp
otte
d.
(1)-(
4)
MAR
POL;
AF
S C
onve
ntio
n; B
WM
Con
-ve
ntio
n;
Lond
on
Con
-ve
ntio
n &
Prot
ocol
218
Enfo
rcem
ent
by p
ort S
tate
s
1. W
hen
a ve
ssel
is v
olun
taril
y w
ithin
a p
ort o
r at a
n of
f-sho
re te
rmin
al o
f a S
tate
, tha
t Sta
te m
ay
unde
rtake
inve
stig
atio
ns a
nd, w
here
the
evid
ence
so
war
rant
s, in
stitu
te p
roce
edin
gs in
resp
ect
of a
ny d
ischa
rge
from
that
vess
el o
utsid
e th
e in
tern
al w
ater
s, te
rrito
rial s
ea o
r exc
lusiv
e ec
onom
ic
zone
of t
hat S
tate
in vi
olat
ion
of a
pplic
able
inte
rnat
iona
l rul
es a
nd st
anda
rds e
stab
lishe
d th
roug
h th
e co
mpe
tent
inte
rnat
iona
l org
aniz
atio
n or
gen
eral
dip
lom
atic
con
fere
nce.
MAR
POL;
AFS
Con
ven-
tion;
BW
M C
onve
ntio
n;
Lond
on
Con
vent
ion
& Pr
otoc
ol
219
Mea
sure
s re
la-
ting
to se
awor
-th
ines
s of
ves
-se
ls to
av
oid
pollu
tion
Subj
ect t
o se
ctio
n 7,
Sta
tes w
hich
, upo
n re
ques
t or o
n th
eir o
wn
initi
ativ
e, h
ave
asce
rtain
ed th
at a
ve
ssel
with
in o
ne o
f the
ir po
rts o
r at o
ne o
f the
ir of
f-sho
re te
rmin
als i
s in
viol
atio
n of
app
licab
le
inte
rnat
iona
l rul
es a
nd st
anda
rds r
elat
ing
to se
awor
thin
ess o
f ves
sels
and
ther
eby t
hrea
tens
da
mag
e to
the
mar
ine
envi
ronm
ent s
hall,
as
far a
s pr
actic
able
, tak
e ad
min
istra
tive
mea
sure
s to
pr
even
t the
ves
sel f
rom
saili
ng. S
uch
Stat
es m
ay p
erm
it th
e ve
ssel
to p
roce
ed o
nly
to th
e ne
ares
t ap
prop
riate
repa
ir ya
rd a
nd, u
pon
rem
oval
of t
he c
ause
s of t
he v
iola
tion,
shal
l per
mit
the
vess
el
to c
ontin
ue im
med
iate
ly.
SOLA
S; L
L C
onve
ntio
n;
STC
W C
onve
ntio
n
ISA TECHNICAL STUDY NO. 25
67
XII:
Prot
ec-
tion
and
Pres
erva
-tio
n of
the
Mar
ine
En-
viro
nmen
t
220
Enfo
rcem
ent
by c
oast
al S
ta-
tes
(1) W
hen
a ve
ssel
is v
olun
taril
y w
ithin
a p
ort o
r at a
n of
f-sho
re te
rmin
al o
f a S
tate
, tha
t Sta
te m
ay,
subj
ect t
o se
ctio
n 7,
inst
itute
pro
ceed
ings
in re
spec
t of a
ny v
iola
tion
of it
s la
ws
and
regu
latio
ns
adop
ted
in a
ccor
danc
e w
ith th
is Co
nven
tion
or a
pplic
able
inte
rnat
iona
l rul
es a
nd s
tand
ards
fo
r th
e pr
even
tion,
redu
ctio
n an
d co
ntro
l of p
ollu
tion
from
ves
sels
whe
n th
e vi
olat
ion
has
occu
rred
with
in th
e te
rrito
rial s
ea o
r the
exc
lusiv
e ec
onom
ic zo
ne o
f tha
t Sta
te.
(2) W
here
ther
e ar
e cl
ear
grou
nds
for
belie
ving
that
a v
esse
l nav
igat
ing
in th
e te
rrito
rial s
ea
of a
Sta
te h
as, d
urin
g its
pas
sage
ther
ein,
vio
late
d la
ws
and
regu
latio
ns o
f tha
t Sta
te a
dopt
ed
in a
ccor
danc
e w
ith t
his
Conv
entio
n or
app
licab
le i
nter
natio
nal
rule
s an
d st
anda
rds
for
the
prev
entio
n, re
duct
ion
and
cont
rol o
f pol
lutio
n fro
m v
esse
ls, th
at S
tate
, with
out p
reju
dice
to th
e ap
plic
atio
n of
the
rele
vant
pro
visio
ns o
f Par
t II, s
ectio
n 3,
may
und
erta
ke p
hysic
al in
spec
tion
of th
e ve
ssel
rela
ting
to th
e vi
olat
ion
and
may
, whe
re th
e ev
iden
ce s
o w
arra
nts,
inst
itute
pro
ceed
ings
, in
clud
ing
dete
ntio
n of
the
vess
el, in
acc
orda
nce
with
its l
aws,
subj
ect t
o th
e pr
ovisi
ons o
f sec
tion
7. (3) W
here
ther
e ar
e cl
ear g
roun
ds fo
r bel
ievi
ng th
at a
vess
el n
avig
atin
g in
the
excl
usiv
e ec
onom
ic
zone
or t
he te
rrito
rial s
ea o
f a S
tate
has
, in
the
excl
usiv
e ec
onom
ic z
one,
com
mitt
ed a
vio
latio
n of
app
licab
le in
tern
atio
nal r
ules
and
sta
ndar
ds f
or t
he p
reve
ntio
n, r
educ
tion
and
cont
rol o
f po
llutio
n fr
om v
esse
ls o
r law
s and
regu
latio
ns o
f tha
t Sta
te co
nfor
min
g an
d gi
ving
effe
ct to
such
ru
les
and
stan
dard
s, th
at S
tate
may
requ
ire th
e ve
ssel
to g
ive
info
rmat
ion
rega
rdin
g its
iden
tity
and
port
of re
gist
ry, i
ts la
st a
nd it
s ne
xt p
ort o
f cal
l and
oth
er re
leva
nt in
form
atio
n re
quire
d to
es
tabl
ish w
heth
er a
vio
latio
n ha
s occ
urre
d.(7
) Not
with
stan
ding
the
prov
ision
s of
par
agra
ph 6
, whe
neve
r ap
prop
riate
pro
cedu
res
have
be
en e
stab
lishe
d, e
ither
thro
ugh
the
com
pete
nt in
tern
atio
nal o
rgan
izat
ion
or a
s oth
erw
ise
agre
ed, w
here
by c
ompl
ianc
e w
ith r
equi
rem
ents
for
bon
ding
or
othe
r ap
prop
riate
fina
ncia
l se
curit
y ha
s be
en a
ssur
ed, t
he c
oast
al S
tate
if b
ound
by
such
pro
cedu
res
shal
l allo
w th
e ve
ssel
to
pro
ceed
.(8
) The
pro
visio
ns o
f pa
ragr
aphs
3, 4
, 5, 6
and
7 al
so a
pply
in r
espe
ct o
f na
tiona
l law
s an
d re
gula
tions
ado
pted
pur
suan
t to
artic
le 2
11, p
arag
raph
6.
(1)-(
3),
(7)-(
8) M
ARPO
L;
AFS
Con
vent
ion;
BW
M
Con
vent
ion;
Lo
ndon
C
onve
ntio
n &
Prot
ocol
222
Enfo
rcem
ent
with
resp
ect t
o po
llutio
n fro
m
or th
roug
h th
e at
mos
pher
es
Stat
es s
hall
enfo
rce
… w
ith re
gard
to v
esse
ls fly
ing
thei
r flag
or v
esse
ls …
of t
heir
regi
stry
, the
ir la
ws
and
regu
latio
ns a
dopt
ed in
acc
orda
nce
with
art
icle
212
, par
agra
ph 1
, and
with
oth
er
prov
isio
ns o
f thi
s Co
nven
tion
and
shal
l ado
pt la
ws
and
regu
latio
ns a
nd ta
ke o
ther
mea
sure
s ne
cess
ary
to im
plem
ent a
pplic
able
inte
rnat
iona
l rul
es a
nd s
tand
ards
est
ablis
hed
thro
ugh
com
pete
nt in
tern
atio
nal o
rgan
izat
ions
or
dipl
omat
ic c
onfe
renc
e to
pre
vent
, red
uce
and
cont
rol p
ollu
tion
of th
e m
arin
e en
viro
nmen
t fro
m o
r th
roug
h th
e at
mos
pher
e, in
con
for-
mity
with
all
rele
vant
inte
rnat
iona
l rul
es a
nd s
tand
ards
con
cern
ing
the
safe
ty o
f air
navi
-ga
tion.
MAR
POL;
AFS
Con
ven-
tion;
BW
M C
onve
ntio
n;
Lond
on
Con
vent
ion
& Pr
otoc
ol
68
ISA TECHNICAL STUDY NO. 25
XII:
Prot
ec-
tion
and
Pres
erva
-tio
n of
the
Mar
ine
En-
viro
nmen
t
226
Inve
stig
atio
n of
fore
ign
ves-
sels
(1)
(a)
Stat
es s
hall
not
dela
y a
fore
ign
vess
el l
onge
r th
an i
s es
sent
ial
for
purp
oses
of
the
inve
stig
atio
ns p
rovi
ded
for
in a
rticl
es 2
16, 2
18 a
nd 2
20. A
ny p
hysic
al in
spec
tion
of a
fore
ign
vess
el s
hall
be li
mite
d to
an
exam
inat
ion
of s
uch
certi
ficat
es, r
ecor
ds o
r ot
her
docu
men
ts a
s th
e ve
ssel
is r
equi
red
to c
arry
by
gene
rally
acc
epte
d in
tern
atio
nal r
ules
and
sta
ndar
ds o
r of
any
sim
ilar d
ocum
ents
whi
ch it
is c
arry
ing;
furth
er p
hysic
al in
spec
tion
of th
e ve
ssel
may
be
unde
rtake
n on
ly a
fter s
uch
an e
xam
inat
ion
and
only
whe
n:… (b
) If t
he in
vest
igat
ion
indi
cate
s a
viol
atio
n of
app
licab
le la
ws
and
regu
latio
ns o
r int
erna
tiona
l ru
les a
nd st
anda
rds f
or th
e pr
otec
tion
and
pres
erva
tion
of th
e m
arin
e en
viro
nmen
t, re
leas
e sh
all b
e m
ade
prom
ptly
subj
ect t
o re
ason
able
pro
cedu
res s
uch
as b
ondi
ng o
r oth
er a
ppro
pria
te
finan
cial
secu
rity.
(c)
With
out
prej
udic
e to
app
licab
le i
nter
natio
nal
rule
s an
d st
anda
rds
rela
ting
to t
he
seaw
orth
ines
s of
ves
sels
, th
e re
leas
e of
a v
esse
l m
ay,
whe
neve
r it
wou
ld p
rese
nt a
n un
reas
onab
le th
reat
of d
amag
e to
the
mar
ine
envi
ronm
ent,
be r
efus
ed o
r m
ade
cond
ition
al
upon
pro
ceed
ing
to th
e ne
ares
t app
ropr
iate
repa
ir ya
rd. …
(a)
SOLA
S; L
L C
onve
n-tio
n; T
onna
ge C
onve
n-tio
n;
MAR
POL;
BW
M
Con
vent
ion
(b)
MAR
POL;
AFS
Con
-ve
ntio
n; B
WM
Con
ven-
tion
(c)
SOLA
S; L
L C
onve
n-tio
n;
Tonn
age;
M
AR-
POL;
AF
S C
onve
ntio
n;
BWM
Con
vent
ion
228
Su
spe
nsi
on
and
rest
ric-
tions
on
inst
i-tu
tion
of p
ro-
ceed
ings
(1) P
roce
edin
gs to
impo
se p
enal
ties
in r
espe
ct o
f any
vio
latio
n of
app
licab
le la
ws
and
regu
-la
tions
or
inte
rnat
iona
l rul
es a
nd s
tand
ards
rel
atin
g to
the
pre
vent
ion,
red
uctio
n an
d co
ntro
l of
pol
lutio
n fro
m v
esse
ls co
mm
itted
by
a fo
reig
n ve
ssel
bey
ond
the
terr
itoria
l sea
of t
he S
tate
in
stitu
ting
proc
eedi
ngs s
hall
be su
spen
ded
upon
the
taki
ng o
f pro
ceed
ings
to im
pose
pen
altie
s in
resp
ect o
f cor
resp
ondi
ng c
harg
es b
y the
flag
Sta
te w
ithin
six m
onth
s of t
he d
ate
on w
hich
pro
-ce
edin
gs w
ere
first
inst
itute
d, u
nles
s tho
se p
roce
edin
gs re
late
to a
cas
e of
maj
or d
amag
e to
the
coas
tal S
tate
or t
he fl
ag S
tate
in q
uest
ion
has
repe
ated
ly d
isreg
arde
d its
obl
igat
ion
to e
nfor
ce
effe
ctiv
ely
the
appl
icab
le in
tern
atio
nal r
ules
and
stan
dard
s in
resp
ect o
f vio
latio
ns c
omm
itted
by
its v
esse
ls. …
All
IMO
pol
lutio
n pr
e-ve
ntio
n co
nven
tions
235
Resp
onsi
bilit
y an
d lia
bilit
y
(3) W
ith th
e ob
ject
ive
of a
ssur
ing
prom
pt a
nd a
dequ
ate
com
pens
atio
n in
resp
ect o
f all
dam
age
caus
ed b
y po
llutio
n of
the
mar
ine
envi
ronm
ent,
Stat
es sh
all c
oope
rate
in th
e im
plem
enta
tion
of e
xist
ing
inte
rnat
iona
l law
and
the
furt
her d
evel
opm
ent o
f int
erna
tiona
l law
rela
ting
to
resp
onsi
bilit
y an
d lia
bilit
y fo
r th
e as
sess
men
t of
and
com
pens
atio
n fo
r da
mag
e an
d th
e se
ttlem
ent o
f rel
ated
disp
utes
, as w
ell a
s, w
here
app
ropr
iate
, dev
elop
men
t of c
riter
ia a
nd p
roce
-du
res
for p
aym
ent o
f ade
quat
e co
mpe
nsat
ion,
suc
h as
com
pulso
ry in
sura
nce
or c
ompe
nsat
ion
fund
s.
CLC
Con
vent
ion;
IO
PC
Fund
s C
onve
ntio
n/Su
pple
men
tary
Fu
nd;
LLM
C;
HN
S C
onve
ntio
n &
Prot
ocol
; Bun
ker C
on-
vent
ion
ISA TECHNICAL STUDY NO. 25
69
Parts
Prov
ision
sD
escr
iptio
n of
com
pete
ncie
sC
IOC
ross
-refe
renc
esC
omm
ents
Part
IAr
ticle
1U
se
of
term
s an
d sc
ope
(3)
"act
iviti
es i
n th
e Ar
ea"
mea
ns a
ll ac
tiviti
es o
f ex
plor
atio
n fo
r, an
d ex
ploi
tatio
n of
, the
res
ourc
es o
f th
e Ar
ea;
(5) (
a) "d
umpi
ng" m
eans
:(i)
any
del
iber
ate
disp
osal
of
was
tes
or o
ther
mat
ter
from
ves
sels,
airc
raft,
pla
tform
s or
oth
er m
an-m
ade
stru
ctur
es a
t sea
;(ii
) any
del
iber
ate
disp
osal
of v
esse
ls, a
ircra
ft, p
latfo
rms
or o
ther
man
-mad
e st
ruct
ures
at s
ea;
(b) "
dum
ping
" doe
s not
incl
ude:
(i) t
he d
ispos
al o
f w
aste
s or
oth
er m
atte
r in
cide
ntal
to
, or
deriv
ed fr
om th
e no
rmal
ope
ratio
ns o
f ves
sels,
ai
rcra
ft, p
latfo
rms
or o
ther
man
-mad
e st
ruct
ures
at
sea
and
thei
r eq
uipm
ent,
othe
r th
an w
aste
s or
oth
er
mat
ter t
rans
porte
d by
or t
o ve
ssel
s, ai
rcra
ft, p
latfo
rms
or o
ther
man
-mad
e st
ruct
ures
at s
ea, o
pera
ting
for t
he
purp
ose
of d
ispos
al o
f su
ch m
atte
r or
der
ived
fro
m
the
treat
men
t of s
uch
was
tes
or o
ther
mat
ter o
n su
ch
vess
els,
airc
raft,
pla
tform
s or s
truct
ures
;(ii
) pla
cem
ent o
f mat
ter
for
a pu
rpos
e ot
her
than
the
mer
e di
spos
al th
ereo
f, pr
ovid
ed th
at s
uch
plac
emen
t is
not c
ontra
ry to
the
aim
s of t
his C
onve
ntio
n.
(3) I
SA
(5
) IS
A,IM
O
(3)
UN
CLO
S Pa
rt XI
ge
nera
lly; A
nnex
III; A
nnex
IV
; N
odul
e Re
gula
tions
Su
lphi
des;
Reg
ulat
ions
Coba
lt Re
gula
tions
, re
g 1(
3)(b
) &
(c);
Dra
ft Ex
ploi
tatio
n Re
gula
tions
(5)
UN
CLO
S,
Arts
14
5,
210
and
216;
Lo
ndon
Co
nven
tion,
ar
t 3(
1);
Lond
on P
roto
col,
Art 1
(4);
Hon
g Ko
ng C
onve
ntio
n
The
Seab
ed
Advi
sory
O
pini
on
has
impa
cted
on
the
defin
ition
s in
thi
s pr
ovisi
on.
The
defin
ition
of
‘a
ctiv
ities
in
th
e Ar
ea’
inte
nded
to
refe
r to
exp
lora
tion
and
expl
oita
tion
activ
ities
ha
s be
en
clar
ified
in
so
me
dept
h an
d ex
clud
es
proc
essin
g an
d tra
nspo
rtatio
n of
m
iner
als
ex
situ.
The
ref
eren
ce t
o ‘d
ispos
al
of
was
tes’
in
the
defin
ition
of
‘d
umpi
ng’
mus
t be
rea
d ag
ains
t th
e al
loca
tion
of t
his
pow
er t
o IS
A in
Arti
cle
145.
The
defi
nitio
n of
ISA
’s re
gula
tory
pow
er o
ver
‘disp
osal
of w
aste
s’ fro
m a
ctiv
ities
in
the
Are
a do
es n
ot in
clud
e th
e di
spos
al
of
vess
els,
plat
form
s an
d ot
her
stru
ctur
es in
the
Are
a.
Disp
osal
of
th
ese
is go
vern
ed
by t
he L
ondo
n C
onve
ntio
n an
d Lo
ndon
Pr
otoc
ol.
Recy
clin
g of
sh
ips
is no
w g
over
ned
by t
he
Hon
g Ko
ng C
onve
ntio
n, a
lso a
n IM
O re
spon
sibili
ty.
Part
VII
Artic
le 8
7Fr
eedo
ms
of th
e hi
gh
seas
(1) T
he h
igh
seas
are
ope
n to
all
Stat
es …
Fre
edom
of
the
hig
h se
as i
s ex
erci
sed
unde
r th
e co
nditi
ons
laid
dow
n by
thi
s Co
nven
tion
and
by o
ther
rul
es o
f in
tern
atio
nal l
aw. I
t com
prise
s, in
ter a
lia, …
:(a
) fre
edom
of n
avig
atio
n;(d
) fre
edom
to
cons
truct
arti
ficia
l isl
ands
and
oth
er
inst
alla
tions
per
mitt
ed u
nder
inte
rnat
iona
l law
, sub
ject
to
Par
t VI;
...(2
) The
se fr
eedo
ms
shal
l be
exer
cise
d by
all
Stat
es …
w
ith d
ue r
egar
d fo
r th
e rig
hts
unde
r th
is Co
nven
tion
with
resp
ect t
o ac
tiviti
es in
the
Area
.
IMO
(1)
UN
CLO
S Pa
rt XI
, Ar
t 14
7
(2)
UN
CLO
S Pa
rt XI
ge
nera
lly a
nd re
gula
tions
The
cons
truct
ion
of i
nsta
llatio
ns
for
activ
ities
in t
he A
rea
is no
t a
freed
om o
f the
hig
h se
as, b
ut a
n ac
tivity
regu
late
d by
ISA.
AN
NEX
3: I
NTE
RFA
CE O
F CO
MPE
TEN
CIES
OF
ISA
AN
D IM
O W
ITH
RE
SPEC
T TO
ACT
IVIT
IES
IN T
HE
ARE
A
70
ISA TECHNICAL STUDY NO. 25
Artic
le 9
4D
utie
s of
th
e fla
g St
ate
(3) E
very
Sta
te sh
all t
ake
such
mea
sure
s for
ship
s flyi
ng
its fl
ag a
s ar
e ne
cess
ary
to e
nsur
e sa
fety
at
sea
with
re
gard
, int
er a
lia, t
o:(a
) the
con
stru
ctio
n, e
quip
men
t and
sea
wor
thin
ess
of
ship
s;(b
) th
e m
anni
ng o
f sh
ips,
labo
ur c
ondi
tions
and
the
tra
inin
g of
crew
s, ta
king
in
to
acco
unt
the
appl
icab
le
inte
rnat
iona
l ins
trum
ents
;(c
) th
e us
e of
sig
nals,
th
e m
aint
enan
ce
of
com
mun
icat
ions
and
the
prev
entio
n of
col
lisio
ns.
(4)
Such
mea
sure
s sh
all
incl
ude
thos
e ne
cess
ary
to
ensu
re:
(a)
that
eac
h sh
ip, b
efor
e re
gist
ratio
n an
d th
erea
fter
at a
ppro
pria
te i
nter
vals,
is
surv
eyed
by
a qu
alifi
ed
surv
eyor
of
ship
s, an
d ha
s on
boa
rd s
uch
char
ts,
naut
ical
pub
licat
ions
and
nav
igat
iona
l equ
ipm
ent a
nd
inst
rum
ents
as
are
appr
opria
te fo
r the
saf
e na
viga
tion
of th
e sh
ip;
(b)
that
eac
h sh
ip i
s in
the
cha
rge
of a
mas
ter
and
offic
ers w
hopo
sses
s ap
prop
riate
qua
lifica
tions
, in
par
ticul
ar i
n se
aman
ship
,na
viga
tion,
com
mun
icat
ions
and
mar
ine
engi
neer
ing,
an
d th
atth
e cr
ew is
app
ropr
iate
in q
ualifi
catio
n an
d nu
mbe
rs
for t
hety
pe, s
ize, m
achi
nery
and
equ
ipm
ent o
f the
ship
;(c
) th
at
the
mas
ter,
offic
ers
and,
to
th
e ex
tent
ap
prop
riate
, th
e cr
ew a
re f
ully
con
vers
ant
with
and
re
quire
d to
obs
erve
the
app
licab
le i
nter
natio
nal
regu
latio
ns c
once
rnin
g th
e sa
fety
of
life
at s
ea,
the
prev
entio
n of
co
llisi
ons,
th
e pr
even
tion,
re
duct
ion
and
cont
rol o
f m
arin
e po
llutio
n, a
nd th
e m
aint
enan
ce o
f com
mun
icat
ions
by
radi
o.5)
In t
akin
g th
e m
easu
res
calle
d fo
r in
par
agra
phs
3 an
d 4
each
Sta
te is
requ
ired
to c
onfo
rm to
gen
eral
ly
acce
pted
in
tern
atio
nal
regu
latio
ns,
proc
edur
es
and
prac
tices
and
to
take
any
ste
ps w
hich
may
be
nece
ssar
y to
secu
re th
eir o
bser
vanc
e.
IMO
(3)
STC
W
Conv
entio
n;
MLC
(4)
STC
W
Conv
entio
n;
SOLA
S;
COLR
EGS;
M
ARPO
L;
AFS
Conv
entio
n;
BWM
Co
nven
tion
(5)
All
of
the
abov
e,
and
gene
rally
al
l IM
O
conv
entio
ns,
code
s an
d gu
idel
ines
.
Ship
s us
ed
as
plat
form
s fo
r ac
tiviti
es i
n th
e A
rea
and
on
the
high
se
as
are
subj
ect
to
the
excl
usiv
e ju
risdi
ctio
n an
d co
ntro
l of
the
flag
Sta
te.
That
ju
risdi
ctio
n ha
s to
be
ex
erci
sed
with
re
fere
nce
to
IMO
co
nven
tions
co
ncer
ning
m
ariti
me
safe
ty
(SO
LAS,
LL
, CO
LREG
S),
man
ning
an
d tr
aini
ng
(SO
LAS,
ST
CW)
and
envi
ronm
ent
prot
ectio
n (M
ARP
OL,
AFS
, BW
M).
ISA TECHNICAL STUDY NO. 25
71
Part
XIAr
ticle
145
Pr
otec
tion
of th
e m
a-rin
e en
vi-
ronm
ent
Nec
essa
ry m
easu
res
shal
l be
tak
en i
n ac
cord
ance
w
ith t
his
Conv
entio
n w
ith r
espe
ct t
o ac
tiviti
es in
the
Ar
ea t
o en
sure
effe
ctiv
e pr
otec
tion
for
the
mar
ine
envi
ronm
ent f
rom
har
mfu
l effe
cts w
hich
may
aris
e fro
m
such
act
iviti
es. T
o th
is en
d th
e Au
thor
ity s
hall
adop
t ap
prop
riate
rule
s, re
gula
tions
and
pro
cedu
res f
or in
ter
alia
: (a
) the
pre
vent
ion,
redu
ctio
n an
d co
ntro
l of p
ollu
tion
and
othe
r haz
ards
to th
e m
arin
e en
viro
nmen
t, in
clud
ing
the
coas
tline
, and
of i
nter
fere
nce
with
the
ecol
ogic
al
bala
nce
of
the
mar
ine
envi
ronm
ent,
parti
cula
r at
tent
ion
bein
g pa
id to
the
need
for
prot
ectio
n fro
m
harm
ful e
ffect
s of
suc
h ac
tiviti
es a
s dr
illin
g, d
redg
ing,
ex
cava
tion,
di
spos
al
of
was
te,
cons
truct
ion
and
oper
atio
n or
mai
nten
ance
of
inst
alla
tions
, pi
pelin
es
and
othe
r dev
ices
rela
ted
to su
ch a
ctiv
ities
; (b
) th
e pr
otec
tion
and
cons
erva
tion
of t
he n
atur
al
reso
urce
s of t
he A
rea
and
the
prev
entio
n of
dam
age
to
the
flora
and
faun
a of
the
mar
ine
envi
ronm
ent.
ISA
UN
CLO
S Ar
t 20
9;
Nod
ules
Re
gula
tions
, re
g 15
(2);
Sulp
hide
s Re
gula
tions
(re
g 15
(2);
Coba
lt Re
gula
tions
, re
g 15
(2);
Dra
ft Ex
ploi
tatio
n Re
gula
tions
, dra
ft re
gs 2
, 7(
3), 3
2, 9
2
ISA’
s pow
er to
regu
late
pro
tect
ion
of t
he m
arin
e en
viro
nmen
t fro
m
activ
ities
in
the
Area
, as
defin
ed
by t
he S
eabe
d Ad
viso
ry O
pini
on,
is an
exc
lusiv
e po
wer
. The
pow
er
conc
erns
th
e re
gula
tion
of
drill
ing,
dr
edgi
ng,
exca
vatio
n,
disp
osal
of
w
aste
, co
nstru
ctio
n an
d op
erat
ion
or m
aint
enan
ce o
f in
stal
latio
ns,
pipe
lines
and
oth
er
devi
ces
rela
ted
to s
uch
activ
ities
. M
easu
res
take
n by
ISA
for
the
pr
otec
tion
and
pres
erva
tion
of
the
mar
ine
envi
ronm
ent
will
be
com
plem
ente
d by
IMO
regu
latio
n w
ith r
espe
ct t
o th
e us
e of
shi
ps
to s
uppo
rt th
e ab
ove
activ
ities
in
the
Area
. Sev
eral
IMO
inst
rum
ents
(M
ARPO
L an
nexe
s I-V
; AF
S C
onve
ntio
n;
BWM
Co
nven
tion;
Lo
ndon
Con
vent
ion
and
Prot
ocol
) ap
ply
to a
ran
ge o
f sh
ip t
ypes
, in
clud
ing
float
ing
plat
form
s, flo
atin
g an
d su
bmer
ged
stru
ctur
es,
subm
ersib
les
and
craf
t. Th
ere
are
poss
ible
gap
s. A
conc
ern
with
the
AFS
and
BW
M
Con
vent
ions
is th
at th
ey a
pply
to
inte
rnat
iona
l vo
yage
s, po
ssib
ly
nece
ssita
ting
exte
nsio
n of
th
e ru
les
to c
abot
age.
A r
ange
of
emiss
ions
fro
m a
ctiv
ities
in
the
Area
are
not
cov
ered
by
Anne
x VI
an
d th
e Se
abed
Ad
viso
ry
Opi
nion
di
d no
t in
clud
e ai
r em
issio
ns in
con
sider
ing
disp
osal
of
was
tes.
How
ever
, the
regu
latio
n of
op
erat
ion
of
inst
alla
tions
(o
ver
whi
ch
it ha
s ex
pres
s po
wer
) ar
guab
ly s
houl
d in
clud
e em
issio
ns.
72
ISA TECHNICAL STUDY NO. 25
Part
XIAr
ticle
146
e
nvi
ron
-m
ent
With
re
spec
t to
ac
tiviti
es
in
the
Area
, ne
cess
ary
mea
sure
s sh
all b
e ta
ken
to e
nsur
e ef
fect
ive
prot
ectio
n of
hum
an l
ife. T
o th
is en
d th
e Au
thor
ity s
hall
adop
t ap
prop
riate
ru
les,
regu
latio
ns
and
proc
edur
es
to
supp
lem
ent e
xist
ing
inte
rnat
iona
l law
as e
mbo
died
in
rele
vant
trea
ties.
ISA,
IM
O,
ILO
UN
CLO
S ar
t 98
; SO
LAS;
SA
R Co
nven
tion;
LL
Co
nven
tion;
STC
W;
SUA
Conv
entio
n &
Prot
ocol
; M
LC (I
LO)
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
Stan
dard
Cla
uses
sec
tion
15
ISA’
s re
gula
tory
po
wer
fo
r th
e pr
otec
tion
of
hum
an
life
is a
supp
lem
enta
ry
pow
er,
rath
er
than
an
excl
usiv
e or
a p
rimar
y po
wer
. Thi
s im
plie
s th
at t
he le
ad
regu
lato
rs o
f th
is su
bjec
t-mat
ter
are
othe
r com
pete
nt in
tern
atio
nal
orga
niza
tions
. Saf
ety
of li
fe a
t sea
(d
efine
d br
oadl
y to
inc
lude
all
mat
ters
add
ress
ed b
y SO
LAS,
LLC
an
d SA
RC)
and
seaf
arer
tra
inin
g (S
TCW
) ar
e IM
O r
espo
nsib
ilitie
s. O
ccup
atio
nal h
ealth
and
saf
ety
of
seaf
arer
s is
an IL
O r
espo
nsib
ility
. IS
A’s m
anda
te co
ncer
ns re
gula
tion
for t
he p
rote
ctio
n of
hum
an li
fe in
re
latio
n to
res
ourc
e ex
plor
atio
n an
d ex
ploi
tatio
n ac
tiviti
es i
n th
e Ar
ea.
To
date
, th
ere
appe
ars
to b
e IS
A re
lianc
e on
exi
stin
g in
tern
atio
nal s
tand
ards
thro
ugh
a ru
le o
f re
fere
nce
in t
he s
tand
ard
clau
ses
of e
xplo
ratio
n co
ntra
cts
and
the
Dra
ft ex
ploi
tatio
n re
gula
tions
an
ticip
ate
relia
nce
on I
MO
and
ILO
sta
ndar
ds o
n he
alth
and
saf
ety.
A co
ncer
n is
that
SO
LAS
and
LLC
ap
ply
to
ship
s on
in
tern
atio
nal
voya
ges,
thus
ne
cess
itatin
g ex
tens
ion
to
cabo
tage
by
th
e sp
onso
ring
Stat
e.
A fu
rther
m
atte
r is
the
secu
rity o
f per
sonn
el a
nd p
ossib
le
prot
ectio
ns
unde
r th
e SU
A C
onve
ntio
n.
The
appl
icat
ion
of
the
SUA
Prot
ocol
with
res
pect
to
fixed
pla
tform
s doe
s not
ext
end
to
activ
ities
in th
e Ar
ea.
ISA TECHNICAL STUDY NO. 25
73
Part
XIAr
ticle
147
A
cc
om
-m
odat
ion
of
activ
i-tie
s in
the
Ar
ea
and
in t
he m
a-rin
e en
vi-
ronm
ent
(1)
Activ
ities
in
the
Area
sha
ll be
car
ried
out
with
re
ason
able
reg
ard
for
othe
r ac
tiviti
es i
n th
e m
arin
e en
viro
nmen
t. (2
) Ins
talla
tions
use
d fo
r ca
rryi
ng o
ut a
ctiv
ities
in t
he
Area
shal
l be
subj
ect t
o th
e fo
llow
ing
cond
ition
s:
(a)
such
in
stal
latio
ns
shal
l be
er
ecte
d,
empl
aced
an
d re
mov
ed s
olel
y in
acc
orda
nce
with
thi
s Pa
rt an
d su
bjec
t to
the
rule
s, re
gula
tions
and
pro
cedu
res o
f the
Au
thor
ity. D
ue n
otic
e m
ust
be g
iven
of
the
erec
tion,
em
plac
emen
t an
d re
mov
al o
f su
ch in
stal
latio
ns, a
nd
perm
anen
t mea
ns fo
r giv
ing
war
ning
of t
heir
pres
ence
m
ust b
e m
aint
aine
d;
(b)
such
ins
talla
tions
may
not
be
esta
blish
ed w
here
in
terfe
renc
e m
ay b
e ca
used
to th
e us
e of
reco
gnize
d se
a la
nes
esse
ntia
l to
int
erna
tiona
l na
viga
tion
or i
n ar
eas o
f int
ense
fish
ing
activ
ity;
(c)
safe
ty z
ones
sha
ll be
est
ablis
hed
arou
nd s
uch
inst
alla
tions
with
app
ropr
iate
mar
king
s to
ens
ure
the
safe
ty o
f bo
th n
avig
atio
n an
d th
e in
stal
latio
ns.
The
confi
gura
tion
and
loca
tion
of s
uch
safe
ty z
ones
sha
ll no
t be
such
as t
o fo
rm a
bel
t im
pedi
ng th
e la
wfu
l acc
ess
of s
hipp
ing
to p
artic
ular
mar
itim
e zo
nes
or n
avig
atio
n al
ong
inte
rnat
iona
l sea
lane
s;
3. O
ther
act
iviti
es in
the
mar
ine
envi
ronm
ent s
hall
be
cond
ucte
d w
ith re
ason
able
rega
rd fo
r act
iviti
es in
the
Area
.
ISA,
IMO
UN
CLO
S, A
rt 87
; SO
LAS
(cha
p V;
M
OD
U
Cod
e;
Rout
eing
fo
r Sh
ips)
; CO
LREG
S
IMO
has
are
a-ba
sed
man
agem
ent
(rout
eing
) an
d re
porti
ng
(shi
p re
porti
ng s
yste
m) t
ools
that
cou
ld
be u
sefu
l for
the
acco
mm
odat
ion
of a
ctiv
ities
in
the
Area
. IM
O i
s th
e or
gani
zatio
n re
spon
sible
for
ro
utei
ng a
nd s
hip
repo
rting
. If
thes
e ar
e to
ols
desir
able
, it
is un
clea
r w
ho w
ould
be
able
to
prop
ose
thes
e fo
r ad
optio
n at
IM
O (I
SA?
Flag
Sta
te?
Spon
sorin
g St
ate?
). IS
A ha
s cl
ear
regu
lato
ry
pow
er
over
th
e er
ectio
n,
empl
acem
ent
and
rem
oval
of
in
stal
latio
ns e
ngag
ed in
act
iviti
es
in th
e Ar
ea. I
MO
has
con
stru
ctio
n st
anda
rds
for
MO
DU
s th
at c
ould
be
use
ful
for
inst
alla
tions
in
the
Area
. Its g
uide
lines
for t
he re
mov
al
of
offs
hore
in
stal
latio
ns
and
stru
ctur
es,
alth
ough
ap
plic
able
to
the
cont
inen
tal s
helf
and
in th
e EE
Z, c
ould
be
info
rmat
ive.
Artic
le 1
50P
oli
cie
s re
latin
g to
ac
tivi
ties
in
the
Area
The
prov
ision
set
s ge
nera
l po
licy
dire
ctio
ns.
Mor
e sp
ecifi
cally
, act
iviti
es in
the
Area
to b
e ca
rrie
d w
ith a
vi
ew to
ens
urin
g:
(b)
orde
rly,
safe
and
rat
iona
l m
anag
emen
t of
the
re
sour
ces
of th
e Ar
ea, i
nclu
ding
the
effic
ient
con
duct
of
act
iviti
es i
n th
e A
rea
and,
in
acco
rdan
ce w
ith
soun
d pr
inci
ples
of
cons
erva
tion,
the
avo
idan
ce o
f un
nece
ssar
y w
aste
;
ISA
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
; D
raft
Expl
oita
tion
Regu
latio
ns
This
artic
le p
rovi
des s
uppo
rt fo
r the
us
e of
are
a-ba
sed
man
agem
ent
tool
s an
d sh
ip r
epor
ting
syst
ems.
How
ever
, the
y w
ould
nee
d to
be
prop
osed
to IM
O.
74
ISA TECHNICAL STUDY NO. 25
Part
XIAr
ticle
153
Syst
em o
f e
xplo
ra-
tion
and
exp
loit
a-tio
n
(1) A
ctiv
ities
in th
e Ar
ea sh
all b
e or
gani
zed,
car
ried
out
and
cont
rolle
d by
the
Aut
horit
y on
beh
alf o
f man
kind
as
a w
hole
in a
ccor
danc
e w
ith t
his
artic
le a
s w
ell a
s ot
her
rele
vant
pro
visio
ns o
f thi
s Pa
rt an
d th
e re
leva
nt
Anne
xes,
and
the
rule
s, re
gula
tions
and
pro
cedu
res
of
the
Auth
ority
. …
(4)
The
Auth
ority
sha
ll ex
erci
se s
uch
cont
rol
over
ac
tiviti
es in
the
Are
a as
is n
eces
sary
for t
he p
urpo
se
of se
curin
g co
mpl
ianc
e w
ith th
e re
leva
nt p
rovi
sion
s of
this
Par
t and
the
Ann
exes
rela
ting
ther
eto,
and
the
rule
s, re
gula
tions
and
pro
cedu
res
of th
e A
utho
rity,
an
d th
e pl
ans
of w
ork
appr
oved
in a
ccor
danc
e w
ith
para
grap
h 3.
Sta
tes
Parti
es s
hall
assis
t th
e Au
thor
ity
by t
akin
g al
l m
easu
res
nece
ssar
y to
ens
ure
such
co
mpl
ianc
e in
acc
orda
nce
with
arti
cle
139.
(5) T
he A
utho
rity
shal
l hav
e th
e rig
ht t
o ta
ke a
t an
y tim
e an
y m
easu
res
prov
ided
for
und
er t
his
Part
to
ens
ure
com
plia
nce
with
its
pro
visi
ons
and
the
exer
cise
of
the
func
tions
of
cont
rol a
nd r
egul
atio
n as
sign
ed to
it th
ereu
nder
or u
nder
any
con
tract
. The
Au
thor
ity sh
all h
ave
the
right
to in
spec
t all
inst
alla
tions
in
the
Are
a us
ed in
con
nect
ion
with
act
iviti
es in
the
Ar
ea. …
ISA
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
; D
raft
Expl
oita
tion
Regu
latio
ns
Artic
le 1
57N
atu
re
and
fun-
dam
enta
l pr
inci
ples
of
the
Au-
thor
ity
As re
vise
d by
the
1994
Agr
eem
ent:
(1)
The
Inte
rnat
iona
l Se
abed
Au
thor
ity
…
is th
e or
gani
zatio
n th
roug
h w
hich
St
ates
Pa
rties
to
th
e Co
nven
tion
shal
l, in
acc
orda
nce
with
the
reg
ime
for
the
Area
est
ablis
hed
in P
art
XI a
nd t
his
Agre
emen
t, or
gani
ze
and
cont
rol
activ
ities
in
th
e A
rea,
pa
rticu
larly
with
a v
iew
to a
dmin
ister
ing
the
reso
urce
s of
the
Area
. The
pow
ers a
nd fu
nctio
ns o
f the
Aut
horit
y sh
all
be t
hose
exp
ress
ly c
onfe
rred
upon
it
by t
his
Conv
entio
n. T
he A
utho
rity
shal
l hav
e su
ch in
cide
ntal
po
wer
s, c
onsi
sten
t w
ith t
his
Conv
entio
n, a
s ar
e im
plic
it in
, and
nec
essa
ry fo
r, th
e ex
erci
se o
f tho
se
pow
ers
and
func
tions
with
res
pect
to
activ
ities
in
the
Are
a.
ISA
1994
Ag
reem
ent,
Anne
x,
Sect
ion
1,
para
1;
N
odul
es
Regu
latio
ns;
Sulp
hide
s Re
gula
tions
; Co
balt
Regu
latio
ns;
Dra
ft Ex
ploi
tatio
n Re
gula
tions
ISA’
s in
cide
ntal
po
wer
s co
uld
be i
nvok
ed t
o ad
dres
s po
tent
ial
regu
lato
ry g
aps
with
res
pect
to
activ
ities
in th
e Ar
ea.
ISA TECHNICAL STUDY NO. 25
75
Part
XIAr
ticle
160
Po
we
rs
and
func
-tio
ns
(2)
In a
dditi
on,
the
pow
ers
and
func
tions
of
the
Asse
mbl
y sh
all b
e:(f)
(ii)
to c
onsid
er a
nd a
ppro
ve t
he r
ules
, reg
ulat
ions
an
d pr
oced
ures
of t
he A
utho
rity,
and
any
amen
dmen
ts
ther
eto,
pro
visio
nally
ado
pted
by
the
Coun
cil p
ursu
ant
to ar
ticle
162,
par
agra
ph 2
(o)(i
i). Th
ese r
ules
, regu
latio
ns
and
proc
edur
es sh
all r
elat
e to
pro
spec
ting,
exp
lora
tion
and
expl
oita
tion
in th
e Ar
ea, t
he fi
nanc
ial m
anag
emen
t an
d in
tern
al a
dmin
istra
tion
of th
e Au
thor
ity, a
nd, u
pon
the
reco
mm
enda
tion
of t
he G
over
ning
Boa
rd o
f th
e En
terp
rise,
to th
e tra
nsfe
r of f
unds
from
the
Ente
rpris
e to
the
Auth
ority
;… (n
) to
disc
uss
any
ques
tion
or m
atte
r w
ithin
the
co
mpe
tenc
e of
the
Auth
ority
and
to d
ecid
e as
to w
hich
or
gan
of th
e Au
thor
ity sh
all d
eal w
ith a
ny su
ch q
uest
ion
or m
atte
r no
t sp
ecifi
cally
ent
rust
ed t
o a
parti
cula
r or
gan,
con
siste
nt w
ith th
e di
strib
utio
n of
pow
ers
and
func
tions
am
ong
the
orga
ns o
f the
Aut
horit
y
ISA
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
; D
raft
Expl
oita
tion
Regu
latio
ns
ISA’
s ha
s ex
clus
ive
regu
lato
ry
auth
ority
ov
er
activ
ities
in
th
e Ar
ea.
Artic
le 1
62P
ow
ers
an
d fu
nc-
tions
(1) T
he C
ounc
il is
the
exec
utiv
e or
gan
of th
e Au
thor
ity.
The
Coun
cil
shal
l ha
ve t
he p
ower
to
esta
blish
, in
co
nfor
mity
w
ith
this
Conv
entio
n an
d th
e ge
nera
l po
licie
s es
tabl
ished
by
the
Asse
mbl
y, th
e sp
ecifi
c po
licie
s to
be p
ursu
ed b
y the
Aut
horit
y on
any q
uest
ion
or m
atte
r with
in th
e co
mpe
tenc
e of
the
Auth
ority
.(2
) In
addi
tion,
the
Coun
cil s
hall:
(a) s
uper
vise
and
coor
dina
te th
e im
plem
enta
tion
of th
e pr
ovisi
ons
of t
his
Part
on a
ll qu
estio
ns a
nd m
atte
rs w
ithin
the
co
mpe
tenc
eof
the
Auth
ority
…… (f)
ent
er i
nto
agre
emen
ts w
ith t
he U
nite
d N
atio
ns
or
othe
r in
tern
atio
nal
orga
niza
tions
on
be
half
of
the
Auth
ority
an
d w
ithin
its
com
pete
nce,
sub
ject
to
appr
oval
by
the
Asse
mbl
y;… [1
994
Agre
emen
t: ap
prov
es p
lans
of w
ork]
… (l)
exer
cise
co
ntro
l ov
er
activ
ities
in
th
e Ar
ea
in
acco
rdan
ce w
ith a
rticl
e 15
3, p
arag
raph
4,
and
the
rule
s, re
gula
tions
and
pro
cedu
res o
f the
Aut
horit
y;
ISA
1994
Agr
eem
ent,
Anne
x,
Sect
ion
3, p
ara
11Th
is pr
ovisi
on
empo
wer
s C
ounc
il to
wor
k w
ith I
MO
and
ot
her
com
pete
nt
inte
rnat
iona
l or
gani
zatio
ns
in
the
even
t re
gula
tory
co
ordi
natio
n an
d ha
rmon
izatio
n ar
e ne
eded
to
su
ppor
t act
iviti
es in
the
Area
.
76
ISA TECHNICAL STUDY NO. 25
Part
XIAr
ticle
162
Po
we
rs
and
func
-tio
ns
o) (i
i) ad
opt a
nd a
pply
pro
visio
nally
, pen
ding
app
rova
l by
the
Asse
mbl
y, th
e ru
les,
regu
latio
ns a
nd p
roce
dure
s of
the
Auth
ority
, and
any
am
endm
ents
ther
eto,
taki
ng
into
acc
ount
the
rec
omm
enda
tions
of
the
Lega
l and
Te
chni
cal
Com
miss
ion
or o
ther
sub
ordi
nate
org
an
conc
erne
d. T
hese
rul
es, r
egul
atio
ns a
nd p
roce
dure
s sh
all r
elat
e to
pro
spec
ting,
exp
lora
tion
and
expl
oita
tion
in th
e Ar
ea …
… (s
) m
ake
reco
mm
enda
tions
to
th
e As
sem
bly
conc
erni
ng p
olic
ies
on a
ny q
uest
ion
or m
atte
r w
ithin
th
e co
mpe
tenc
e of
the
Auth
ority
;… (w
) iss
ue e
mer
genc
y or
ders
, whi
ch m
ay in
clud
e or
ders
fo
r th
e su
spen
sion
or a
djus
tmen
t of
ope
ratio
ns,
to
prev
ent
serio
us h
arm
to
the
mar
ine
envi
ronm
ent
arisi
ng o
ut o
f act
iviti
es in
the
Area
;(x
) di
sapp
rove
are
as f
or e
xplo
itatio
n by
con
tract
ors
or th
e En
terp
rise
in c
ases
whe
re s
ubst
antia
l evi
denc
e in
dica
tes
the
risk
of s
erio
us h
arm
to
the
mar
ine
envi
ronm
ent;
… (z)
esta
blish
app
ropr
iate
mec
hani
sms
for
dire
ctin
g an
d su
perv
ising
a s
taff
of in
spec
tors
who
sha
ll in
spec
t ac
tiviti
es in
the
Are
a to
det
erm
ine
whe
ther
thi
s Pa
rt,
the
rule
s, re
gula
tions
and
pro
cedu
res
of th
e Au
thor
ity,
and
the
term
s an
d co
nditi
ons
of a
ny c
ontra
ct w
ith th
e Au
thor
ity a
re b
eing
com
plie
d w
ith.
ISA
1994
Agr
eem
ent,
Anne
x,
Sect
ion
3, p
ara
11Th
is pr
ovisi
on
empo
wer
s C
ounc
il to
wor
k w
ith I
MO
and
ot
her
com
pete
nt
inte
rnat
iona
l or
gani
zatio
ns
in
the
even
t re
gula
tory
co
ordi
natio
n an
d ha
rmon
izatio
n ar
e ne
eded
to
su
ppor
t act
iviti
es in
the
Area
.
ISA TECHNICAL STUDY NO. 25
77
Part
XII
Artic
le 2
09Po
llut
ion
from
ac
-tiv
ities
in
th
e Ar
ea
(1)
Inte
rnat
iona
l ru
les,
regu
latio
ns
and
proc
edur
es
shal
l be
es
tabl
ished
in
ac
cord
ance
with
Par
t XI t
o pr
even
t, re
duce
an
d co
ntro
l po
llutio
n of
th
e m
arin
e en
viro
nmen
t fro
m a
ctiv
ities
in th
e Ar
ea. S
uch
rule
s, re
gula
tions
and
pro
cedu
res
shal
l be
re-e
xam
ined
from
tim
e to
tim
e as
nec
essa
ry.
(2)
Subj
ect
to t
he r
elev
ant
prov
ision
s of
th
is se
ctio
n, S
tate
s sh
all
adop
t la
ws
and
regu
latio
ns t
o pr
even
t, re
duce
and
con
trol
pollu
tion
of
the
mar
ine
envi
ronm
ent
from
act
iviti
es i
n th
e Ar
ea u
nder
take
n by
ve
ssel
s, in
stal
latio
ns,
stru
ctur
es a
nd o
ther
de
vice
s fly
ing
thei
r fla
g or
of
thei
r re
gist
ry
or o
pera
ting
unde
r th
eir
auth
ority
, as
the
ca
se m
ay b
e. T
he re
quire
men
ts o
f suc
h la
ws
and
regu
latio
ns s
hall
be n
o le
ss e
ffect
ive
than
the
inte
rnat
iona
l rul
es, r
egul
atio
ns a
nd
proc
edur
es re
ferre
d to
in p
arag
raph
1.
ISA
UN
CLO
S Ar
ts 1
, 145
, 215
; N
odul
es
Regu
latio
ns;
Sulp
hide
s Re
gula
tions
; Co
balt
Regu
latio
ns;
Dra
ft Ex
ploi
tatio
n Re
gula
tions
As
indi
cate
d ea
rlier
, Ar
ticle
14
5 cl
early
as
signs
exc
lusiv
e re
gula
tory
res
pons
ibili
ty
for
pollu
tion
from
act
iviti
es i
n th
e Ar
ea t
o IS
A. A
rticl
e 20
9(1)
rein
forc
es th
is re
gula
tory
ro
le. A
rticl
e 20
9(2)
pla
ces
an o
blig
atio
n on
St
ates
to e
xerc
ise le
gisla
tive
juris
dict
ion
over
th
eir
vess
els,
inst
alla
tions
an
d st
ruct
ures
to
pro
tect
the
mar
ine
envi
ronm
ent
from
ac
tiviti
es in
the
Area
, in
a m
anne
r tha
t is
no
less
effe
ctiv
e th
an I
SA r
egul
atio
ns.
Oth
er
rule
s m
ay p
lay
a ro
le.
Regu
latio
n 1(
5) o
f the
N
odul
es,
Sulfi
des
and
Cob
alt
Regu
latio
ns
ISA
regu
latio
ns (
Regu
latio
n 1(
5))
prov
ides
th
at th
e re
gula
tions
‘may
be
supp
lem
ente
d by
furth
er ru
les,
regu
latio
ns a
nd p
roce
dure
s’ an
d th
at t
he r
egul
atio
ns a
re s
ubje
ct t
o th
e U
NC
LOS,
199
4 Ag
reem
ent a
nd o
ther
rul
es
of i
nter
natio
nal
law
not
inc
ompa
tible
with
th
e U
NC
LOS.
Artic
le 2
10Po
llut
ion
by
dum
-pi
ng
See
Anne
x 2
IMO
UN
CLO
S Ar
ts 1
, 145
, 216
; Lo
ndon
Co
nven
tion
& Pr
otoc
ol
Whi
le I
MO
is
the
lead
org
aniza
tion
with
re
spec
t to
dum
ping
in g
ener
al, I
SA e
njoy
s ex
clus
ive
auth
ority
to r
egul
ate
the
disp
osal
of
was
tes
from
act
iviti
es in
the
Are
a un
der
Artic
le
145.
Al
thou
gh
cons
truct
ion
and
oper
atio
n or
mai
nten
ance
of
inst
alla
tions
fa
ll w
ithin
IS
A’s
regu
lato
ry
pow
er,
the
situa
tion
is le
ss c
lear
with
res
pect
to
the
disp
osal
of
vess
els,
plat
form
s an
d ot
her
man
-mad
e st
ruct
ures
at s
ea. T
he d
elib
erat
e di
spos
al,
aban
donm
ent
and
topp
ling
on
site
of v
esse
ls, p
latfo
rms
and
othe
r m
an-
mad
e st
ruct
ures
at
sea
are
likel
y ca
ptur
ed
by
Artic
le
210,
th
e Lo
ndon
C
onve
ntio
n an
d Lo
ndon
Pro
toco
l reg
ime,
and
pos
sibly
ot
her
inst
rum
ents
suc
h as
the
Hon
g Ko
ng
Recy
clin
g C
onve
ntio
n.
78
ISA TECHNICAL STUDY NO. 25
Part
XII
Artic
le 2
11Po
llut
ion
from
ve
s-se
ls
See
Anne
x 2
IMO
MAR
POL;
AF
S Co
nven
tion;
BW
M
Conv
entio
n
Rule
s of
ref
eren
ce t
o IM
O r
egul
atio
ns o
n ve
ssel
sou
rce
pollu
tion
are
appl
icab
le t
o sh
ips
supp
ortin
g ac
tiviti
es
in
the
Area
, su
bjec
t to
spe
cific
com
pete
ncie
s th
at a
re
excl
usiv
e to
ISA
with
resp
ect t
o th
e re
gula
tion
of a
ctiv
ities
in th
e Ar
ea. T
he re
gula
tion
of th
e va
rious
for
ms
of p
ollu
tion
cons
eque
ntia
l to
the
ope
ratio
n of
shi
ps g
ener
ally
is
the
resp
onsib
ility
of I
MO
.
Artic
le 2
12Po
llut
ion
from
or
th
rou
gh
the
atm
os-
pher
e
See
Anne
x 2
IMO
UN
CLO
S Ar
ts 1
45,
209,
21
5, 2
22; M
ARPO
L an
nex
VI
In c
onsid
erin
g th
e na
ture
of
‘disp
osal
of
was
tes’
in A
rticl
e 14
5, th
e Se
abed
Adv
isory
O
pini
on d
id n
ot e
xplo
re th
e ex
tent
to w
hich
em
issio
ns, a
s di
stin
ct f
rom
disc
harg
es, a
re
capt
ured
by
ISA’
s en
viro
nmen
tal r
egul
ator
y po
wer
ov
er
activ
ities
in
th
e Ar
ea.
It is
conc
eiva
ble
that
the
refe
renc
e to
‘ope
ratio
n of
in
stal
latio
ns’
incl
udes
em
issio
ns
from
th
eir o
pera
tion.
In a
ny c
ase,
MAR
POL
Anne
x VI
doe
s no
t ap
ply
to e
miss
ions
dire
ctly
ar
ising
fro
m t
he e
xplo
ratio
n, e
xplo
itatio
n an
d as
soci
ated
of
fsho
re
proc
essin
g of
se
abed
min
eral
reso
urce
s. It
is po
ssib
le th
at
ther
e is
a re
gula
tory
gap
with
resp
ect t
o ai
r em
issio
ns fr
om a
ctiv
ities
in th
e Ar
ea.
Artic
le 2
15E
nfo
rce
-m
ent
with
re
spec
t to
p
ollu
tio
n fro
m
ac-
tiviti
es
in
the
Area
Enfo
rcem
ent
of
inte
rnat
iona
l ru
les,
regu
latio
ns
and
proc
edur
es
esta
blish
ed
in
acco
rdan
ce
with
Pa
rt XI
to
pr
even
t, re
duce
and
con
trol p
ollu
tion
of th
e m
arin
e en
viro
nmen
t fro
m a
ctiv
ities
in th
e Ar
ea s
hall
be g
over
ned
by th
at P
art.
ISA
UN
CLO
S Ar
ts 1
45 &
209
; N
odul
es
Regu
latio
ns;
Sulp
hide
s Re
gula
tions
; Co
balt
Regu
latio
ns;
Dra
ft Ex
ploi
tatio
n Re
gula
tions
ISA’
s re
gula
tions
co
ncer
ning
th
e re
spon
sibili
ties
of s
pons
orin
g St
ates
and
co
ntra
ctor
s ap
ply.
Not
e th
e du
e di
ligen
ce
dutie
s of
spo
nsor
ing
Stat
es c
larifi
ed b
y th
e Se
abed
Adv
isory
Opi
nion
.
ISA TECHNICAL STUDY NO. 25
79
Part
XII
Artic
le 2
16E
nfo
rce
-m
ent
with
re
spec
t to
p
ollu
tio
n by
du
m-
ping
See
Anne
x 2
IMO
UN
CLO
S Ar
ts 1
, 145
, 216
; Lo
ndon
Co
nven
tion
& Pr
otoc
ol
See
com
men
ts o
n Ar
ticle
210
.
Artic
le 2
17E
nfo
rce
-m
ent
by
flag
Stat
es
See
Anne
x 2
IMO
MAR
POL;
AF
S Co
nven
tion;
BW
M
Conv
entio
n;
Lond
on
Conv
entio
n &
Prot
ocol
See
com
men
ts o
n Ar
ticle
211
. Fla
g St
ates
ha
ve
a du
e di
ligen
ce
resp
onsib
ility
to
en
forc
e IM
O st
anda
rds w
ith re
spec
t to
ship
s su
ppor
ting
activ
ities
in th
e Ar
ea.
Artic
le 2
22E
nfo
rce
-m
ent
with
re
spec
t to
p
ollu
tio
n fro
m
or
thro
ug
h th
e at
mos
-ph
ere
See
Anne
x 2
IMO
MAR
POL
anne
x VI
See
com
men
ts o
n Ar
ticle
212
.
Artic
le 2
35Re
spon
si-
bilit
y an
d lia
bilit
y
(3)
With
the
obj
ectiv
e of
ass
urin
g pr
ompt
an
d ad
equa
te co
mpe
nsat
ion
in re
spec
t of a
ll da
mag
e ca
used
by
pollu
tion
of th
e m
arin
e en
viro
nmen
t, St
ates
sha
ll co
oper
ate
in t
he
impl
emen
tatio
n of
exi
stin
g in
tern
atio
nal l
aw
and
the
furth
er d
evel
opm
ent o
f int
erna
tiona
l la
w r
elat
ing
to r
espo
nsib
ility
and
lia
bilit
y fo
r th
e as
sess
men
t of
and
com
pens
atio
n fo
r da
mag
e an
d th
e se
ttlem
ent
of r
elat
ed
disp
utes
, as
wel
l as
, w
here
app
ropr
iate
, de
velo
pmen
t of c
riter
ia a
nd p
roce
dure
s fo
r pa
ymen
t of
ade
quat
e co
mpe
nsat
ion,
suc
h as
com
pulso
ry in
sura
nce
or c
ompe
nsat
ion
fund
s.
ISA
, IM
OU
NC
LOS
Anne
x III
, Ar
t 22
; C
LC
Conv
entio
n;
IOPC
Fun
ds C
onve
ntio
n/Su
pple
men
tary
Fu
nd;
LLM
C;
HN
S Co
nven
tion
& Pr
otoc
ol;
Bunk
er
Conv
entio
n
Alth
ough
thei
r res
pect
ive
com
pete
ncie
s ar
e no
t ex
pres
sly m
entio
ned
in t
his
prov
ision
, IS
A an
d IM
O
enjo
y co
mpl
emen
tary
co
mpe
tenc
ies
for
the
deve
lopm
ent
of
civi
l lia
bilit
y re
gim
es c
once
rnin
g po
llutio
n of
th
e m
arin
e en
viro
nmen
t, re
spec
tivel
y fro
m a
ctiv
ities
in th
e Ar
ea a
nd in
tern
atio
nal
ship
ping
. IS
A’s
com
pete
nce
is lim
ited
to
activ
ities
in
the
Area
as
defin
ed b
y th
e Se
abed
Adv
isory
Opi
nion
. Thi
s in
clud
es in
sit
u tra
nspo
rtatio
n of
ext
ract
ed m
iner
als.
IMO
’s co
mpe
tenc
e co
mm
ence
s w
ith e
x sit
u tra
nspo
rtatio
n of
reco
vere
d m
iner
als.
IMO
’s m
atur
e st
rict
liabi
lity
regi
mes
, al
thou
gh
of m
inim
al a
pplic
atio
n to
hig
h se
as a
reas
, co
uld
serv
e as
a m
odel
for t
he d
evel
opm
ent
of a
liab
ility
regi
me
for m
inin
g in
the
Area
.
80
ISA TECHNICAL STUDY NO. 25An
nex
III
Art 1
7(2)
(f)(1
) The
Aut
horit
y sh
all a
dopt
and
uni
form
ly
appl
y ru
les,
regu
latio
ns a
nd p
roce
dure
s …
on
, int
er a
lia, t
he fo
llow
ing
mat
ters
…(2
) Ru
les,
regu
latio
ns a
nd p
roce
dure
s on
th
e fo
llow
ing
item
s sh
all
fully
refl
ect
the
obje
ctiv
e cr
iteria
set o
ut b
elow
:(f)
Rul
es, r
egul
atio
ns a
nd p
roce
dure
s sh
all
be d
raw
n up
in
orde
r to
sec
ure
effe
ctiv
e pr
otec
tion
of
the
mar
ine
envi
ronm
ent
from
har
mfu
l effe
cts
dire
ctly
res
ultin
g fro
m
activ
ities
in
the
Area
or
from
shi
pboa
rd
proc
essi
ng i
mm
edia
tely
abo
ve a
min
e si
te o
f min
eral
s de
rived
from
that
min
e sit
e,
taki
ng in
to a
ccou
nt th
e ex
tent
to w
hich
suc
h ha
rmfu
l ef
fect
s m
ay d
irect
ly r
esul
t fr
om
drill
ing,
dre
dgin
g, c
orin
g an
d ex
cava
tion
and
from
di
spos
al,
dum
ping
an
d di
scha
rge
into
the
mar
ine
envi
ronm
ent o
f se
dim
ent,
was
tes
or o
ther
effl
uent
s
ISA,
IMO
Min
ing
regu
latio
ns
with
re
spec
t to
Art 1
53(2
)(a).
IMO
re
gula
tions
w
ith
resp
ect
to t
rans
porta
tion
ex si
tu.
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
;IM
O
regu
latio
ns
with
re
spec
t to
ex
sit
u tra
nspo
rtatio
n
The
defin
ition
s of
ex
plor
atio
n an
d ex
ploi
tatio
n as
de
fined
in
th
e m
inin
g re
gula
tions
ha
ve
been
in
terp
rete
d/na
rrow
ed d
own
by t
he S
eabe
d Ad
viso
ry
Opi
nion
to
excl
ude
proc
essin
g an
d ex
situ
tra
nspo
rtatio
n.
The
refe
renc
e to
tra
nspo
rtatio
n sy
stem
s su
gges
ts
regu
lato
ry
inte
rface
w
ith
IMO
re
gula
tions
, bot
h fo
r tra
nspo
rt us
ing
ship
s in
situ
and
ex si
tu.
Anne
x IV
No
du
les
Re
gu
la-
tions
; Su
l-ph
ides
Re-
gula
tions
; Co
balt
Re-
gula
tions
Artic
le 1
The
Ente
rpris
e is
the
orga
n of
the
Auth
ority
w
hich
sha
ll ca
rry
out
activ
ities
in t
he A
rea
dire
ctly,
pur
suan
t to
arti
cle
153,
par
agra
ph
2(a)
, as
w
ell
as
the
tran
spor
ting,
pr
oces
sing
and
mar
ketin
g of
min
eral
s re
cove
red
from
the
Are
a.
ISA
, IM
OM
inin
g re
gula
tions
w
ith
resp
ect t
o Ar
t 153
(2)(a
).
IMO
re
gula
tions
w
ith
resp
ect
to t
rans
porta
tion
ex si
tu.
The
Seab
ed A
dviso
ry O
pini
on c
oncl
uded
th
at
the
unde
rline
d te
xt
is no
t pa
rt of
ac
tiviti
es in
the
Area
and
that
the
text
refe
rs
to e
x sit
u tra
nspo
rtatio
n. T
he c
onse
quen
ce
is th
at IM
O ra
ther
than
ISA
enjo
ys re
gula
tory
co
mpe
tenc
e ov
er
ex
situ
trans
porta
tion
syst
ems.
Re
gu
la-
tion
1(3)
(a)
“Exp
loita
tion”
mea
ns t
he r
ecov
ery
for
com
mer
cial
pu
rpos
es
of
poly
met
allic
no
dule
s in
the
Are
a an
d th
e ex
trac
tion
of
min
eral
s th
eref
rom
, in
clud
ing
the
cons
truc
tion
and
oper
atio
n of
min
ing,
pr
oces
sing
and
tran
spor
tatio
n sy
stem
s for
th
e pr
oduc
tion
and
mar
ketin
g of
met
als.
(b)
“Exp
lora
tion”
mea
ns s
earc
hing
for
de
posi
ts o
f po
lym
etal
lic n
odul
es i
n th
e A
rea
with
exc
lusi
ve r
ight
s, t
he a
naly
sis
of s
uch
depo
sits
, the
test
ing
of c
olle
ctin
g sy
stem
s an
d eq
uipm
ent,
proc
essin
g fa
cilit
ies a
nd tr
ansp
orta
tion
syst
ems,
and
the
carr
ying
out
of s
tudi
es o
f the
env
ironm
enta
l, te
chni
cal,
econ
omic
, com
mer
cial
and
oth
er
appr
opria
te fa
ctor
s th
at m
ust b
e ta
ken
into
ac
coun
t in
expl
oita
tion.
ISA
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
;IM
O
regu
latio
ns
with
re
spec
t to
ex
sit
u tra
nspo
rtatio
n
The
defin
ition
s of
ex
plor
atio
n an
d ex
ploi
tatio
n as
de
fined
in
th
e m
inin
g re
gula
tions
ha
ve
been
in
terp
rete
d/na
rrow
ed d
own
by t
he S
eabe
d Ad
viso
ry
Opi
nion
to
excl
ude
proc
essin
g an
d ex
situ
tra
nspo
rtatio
n.
The
refe
renc
e to
tra
nspo
rtatio
n sy
stem
s su
gges
ts
regu
lato
ry
inte
rface
w
ith
IMO
re
gula
tions
, bot
h fo
r tra
nspo
rt us
ing
ship
s in
situ
and
ex si
tu.
ISA TECHNICAL STUDY NO. 25
81
Anne
x III
Ar
t 17(
2)(f)
(1) T
he A
utho
rity
shal
l ado
pt a
nd u
nifo
rmly
ap
ply
rule
s, re
gula
tions
and
pro
cedu
res
…
on, i
nter
alia
, the
follo
win
g m
atte
rs …
(2)
Rule
s, re
gula
tions
and
pro
cedu
res
on
the
follo
win
g ite
ms
shal
l fu
lly r
eflec
t th
e ob
ject
ive
crite
ria se
t out
bel
ow:
(f) R
ules
, reg
ulat
ions
and
pro
cedu
res
shal
l be
dra
wn
up i
n or
der
to s
ecur
e ef
fect
ive
prot
ectio
n of
th
e m
arin
e en
viro
nmen
t fro
m h
arm
ful e
ffect
s di
rect
ly r
esul
ting
from
ac
tiviti
es i
n th
e Ar
ea o
r fr
om s
hipb
oard
pr
oces
sing
im
med
iate
ly a
bove
a m
ine
site
of m
iner
als
deriv
ed fr
om th
at m
ine
site,
ta
king
into
acc
ount
the
exte
nt to
whi
ch s
uch
harm
ful
effe
cts
may
dire
ctly
res
ult
from
dr
illin
g, d
redg
ing,
cor
ing
and
exca
vatio
n an
d fr
om
disp
osal
, du
mpi
ng
and
disc
harg
e in
to th
e m
arin
e en
viro
nmen
t of
sedi
men
t, w
aste
s or
oth
er e
fflue
nts
ISA,
IMO
Min
ing
regu
latio
ns
with
re
spec
t to
Art 1
53(2
)(a).
IMO
re
gula
tions
w
ith
resp
ect
to t
rans
porta
tion
ex si
tu.
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
;IM
O
regu
latio
ns
with
re
spec
t to
ex
sit
u tra
nspo
rtatio
n
The
defin
ition
s of
ex
plor
atio
n an
d ex
ploi
tatio
n as
de
fined
in
th
e m
inin
g re
gula
tions
ha
ve
been
in
terp
rete
d/na
rrow
ed d
own
by t
he S
eabe
d Ad
viso
ry
Opi
nion
to
excl
ude
proc
essin
g an
d ex
situ
tra
nspo
rtatio
n.
The
refe
renc
e to
tra
nspo
rtatio
n sy
stem
s su
gges
ts
regu
lato
ry
inte
rface
w
ith
IMO
re
gula
tions
, bot
h fo
r tra
nspo
rt us
ing
ship
s in
situ
and
ex si
tu.
Anne
x IV
No
du
les
Re
gu
la-
tions
; Su
l-ph
ides
Re-
gula
tions
; Co
balt
Re-
gula
tions
Artic
le 1
The
Ente
rpris
e is
the
orga
n of
the
Auth
ority
w
hich
sha
ll ca
rry
out
activ
ities
in t
he A
rea
dire
ctly,
pur
suan
t to
arti
cle
153,
par
agra
ph
2(a)
, as
w
ell
as
the
tran
spor
ting,
pr
oces
sing
and
mar
ketin
g of
min
eral
s re
cove
red
from
the
Are
a.
ISA
, IM
OM
inin
g re
gula
tions
w
ith
resp
ect t
o Ar
t 153
(2)(a
).
IMO
re
gula
tions
w
ith
resp
ect
to t
rans
porta
tion
ex si
tu.
The
Seab
ed A
dviso
ry O
pini
on c
oncl
uded
th
at
the
unde
rline
d te
xt
is no
t pa
rt of
ac
tiviti
es in
the
Area
and
that
the
text
refe
rs
to e
x sit
u tra
nspo
rtatio
n. T
he c
onse
quen
ce
is th
at IM
O ra
ther
than
ISA
enjo
ys re
gula
tory
co
mpe
tenc
e ov
er
ex
situ
trans
porta
tion
syst
ems.
Re
gu
la-
tion
1(3)
(a)
“Exp
loita
tion”
mea
ns t
he r
ecov
ery
for
com
mer
cial
pu
rpos
es
of
poly
met
allic
no
dule
s in
the
Are
a an
d th
e ex
trac
tion
of
min
eral
s th
eref
rom
, in
clud
ing
the
cons
truc
tion
and
oper
atio
n of
min
ing,
pr
oces
sing
and
tran
spor
tatio
n sy
stem
s for
th
e pr
oduc
tion
and
mar
ketin
g of
met
als.
(b)
“Exp
lora
tion”
mea
ns s
earc
hing
for
de
posi
ts o
f po
lym
etal
lic n
odul
es i
n th
e A
rea
with
exc
lusi
ve r
ight
s, t
he a
naly
sis
of s
uch
depo
sits
, the
test
ing
of c
olle
ctin
g sy
stem
s an
d eq
uipm
ent,
proc
essin
g fa
cilit
ies a
nd tr
ansp
orta
tion
syst
ems,
and
the
carr
ying
out
of s
tudi
es o
f the
env
ironm
enta
l, te
chni
cal,
econ
omic
, com
mer
cial
and
oth
er
appr
opria
te fa
ctor
s th
at m
ust b
e ta
ken
into
ac
coun
t in
expl
oita
tion.
ISA
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
;IM
O
regu
latio
ns
with
re
spec
t to
ex
sit
u tra
nspo
rtatio
n
The
defin
ition
s of
ex
plor
atio
n an
d ex
ploi
tatio
n as
de
fined
in
th
e m
inin
g re
gula
tions
ha
ve
been
in
terp
rete
d/na
rrow
ed d
own
by t
he S
eabe
d Ad
viso
ry
Opi
nion
to
excl
ude
proc
essin
g an
d ex
situ
tra
nspo
rtatio
n.
The
refe
renc
e to
tra
nspo
rtatio
n sy
stem
s su
gges
ts
regu
lato
ry
inte
rface
w
ith
IMO
re
gula
tions
, bot
h fo
r tra
nspo
rt us
ing
ship
s in
situ
and
ex si
tu.
No
du
les
Re
gu
la-
tions
; Su
l-ph
ides
Re-
gula
tions
; Co
balt
Re-
gula
tions
Re
gu
la-
tion
1(5)
Thes
e Re
gula
tions
may
be
supp
lem
ente
d by
furth
er ru
les,
regu
latio
ns a
nd p
roce
dure
s, in
pa
rticu
lar
on
the
prot
ectio
n an
d pr
eser
vatio
n of
the
mar
ine
envi
ronm
ent.
Thes
e Re
gula
tions
sh
all
be
subj
ect
to
the
prov
isio
ns
of
the
Conv
entio
n an
d th
e A
gree
men
t an
d ot
her
rule
s of
in
tern
atio
nal
law
not
inc
ompa
tible
with
th
e Co
nven
tion.
ISA
, IM
OO
ther
ap
plic
able
re
gula
tions
, in
clud
ing
IMO
re
gula
tions
(e
.g.,
MAR
POL,
AF
S Co
nven
tion,
BW
M
Conv
entio
n).
The
rule
of
re
fere
nce
in
this
prov
ision
in
corp
orat
es
othe
r re
gula
tions
(in
clud
ing
non-
ISA)
th
at
may
be
ap
plic
able
. Th
e re
gula
tions
use
fully
ant
icip
ate
that
on
the
prot
ectio
n an
d pr
eser
vatio
n of
the
mar
ine
envi
ronm
ent t
hey
may
be
supp
lem
ente
d by
ot
her r
ules
of i
nter
natio
nal l
aw.
Re
gu
la-
tion
234.
The
Com
miss
ion
shal
l, in
acc
orda
nce
with
the
req
uire
men
ts s
et f
orth
in
thes
e Re
gula
tions
and
its
proc
edur
es, d
eter
min
e w
heth
er t
he p
ropo
sed
plan
of
wor
k fo
r ex
plor
atio
n w
ill:
(a)
Prov
ide
for
effe
ctiv
e pr
otec
tion
of
hum
an h
ealth
and
saf
ety;
(b)
Prov
ide
for
effe
ctiv
e pr
otec
tion
and
pres
erva
tion
of t
he m
arin
e en
viro
nmen
t, in
clud
ing,
but
not
res
trict
ed t
o, t
he im
pact
on
bio
dive
rsity
;(c
) En
sure
th
at
inst
alla
tions
ar
e no
t es
tabl
ished
w
here
in
terfe
renc
e m
ay
be
caus
ed b
y th
e us
e of
reco
gnize
d se
a la
nes
esse
ntia
l to
int
erna
tiona
l na
viga
tion
or i
n ar
eas o
f int
ense
fish
ing
activ
ity.
ISA
Nod
ules
Re
gula
tions
; Su
lphi
des
Regu
latio
ns;
Coba
lt Re
gula
tions
; D
raft
Expl
oita
tion
Regu
latio
ns;
IMO
regu
latio
ns; M
LC
The
Com
miss
ion
wou
ld n
eed
to co
nsid
er th
e ex
tent
to w
hich
IMO
and
ILO
regu
latio
ns o
n hu
man
hea
lth a
nd sa
fety
app
ly a
nd fa
ctor
ed
into
pla
ns o
f wor
k.
82
ISA TECHNICAL STUDY NO. 25
No
du
les
Re
gu
la-
tions
; Su
l-ph
ides
Re-
gula
tions
; Co
balt
Re-
gula
tions
: St
and
ard
Cla
uses
Sect
ion
1515
.1 T
he C
ontra
ctor
sha
ll co
mpl
y w
ith t
he
gene
rally
ac
cept
ed
inte
rnat
iona
l ru
les
and
stan
dard
s es
tabl
ishe
d by
com
pete
nt
inte
rnat
iona
l or
gani
zatio
ns
or
gene
ral
dipl
omat
ic
conf
eren
ces
conc
erni
ng
the
safe
ty o
f lif
e at
sea
, and
the
pre
vent
ion
of
colli
sions
and
suc
h ru
les,
regu
latio
ns a
nd
proc
edur
es a
s m
ay b
e ad
opte
d by
the
A
utho
rity
rela
ting
to s
afet
y at
sea
. Ea
ch
vess
el u
sed
for c
arry
ing
out a
ctiv
ities
in th
e Ar
ea s
hall
poss
ess
curre
nt v
alid
cer
tifica
tes
requ
ired
by a
nd i
ssue
d pu
rsua
nt t
o su
ch
inte
rnat
iona
l rul
es a
nd s
tand
ards
.15
.2 T
he C
ontra
ctor
sha
ll, i
n ca
rryi
ng o
ut
expl
orat
ion
unde
r th
is co
ntra
ct,
obse
rve
and
com
ply
with
suc
h ru
les,
regu
latio
ns
and
proc
edur
es
as
may
be
ad
opte
d by
the
Aut
horit
y r
elat
ing
to p
rote
ctio
n ag
ains
t di
scrim
inat
ion
in
empl
oym
ent,
occu
patio
nal
safe
ty
and
heal
th,
labo
ur
rela
tions
, so
cial
se
curit
y, em
ploy
men
t se
curit
y an
d liv
ing
cond
ition
s at
the
wor
k sit
e. S
uch
rule
s, re
gula
tions
and
pro
cedu
res
shal
l ta
ke i
nto
acco
unt
conv
entio
ns a
nd
reco
mm
enda
tions
of
th
e In
tern
atio
nal
Labo
ur O
rgan
izat
ion
and
othe
r com
pete
nt
inte
rnat
iona
l org
aniz
atio
ns.
ISA,
IM
O,
ILO
SOLA
S;
LL
Conv
entio
n;
COLR
EGS;
MLC
This
rule
of
refe
renc
e in
a s
tand
ard
clau
se
enab
les
the
effic
ient
in
corp
orat
ion
of
impo
rtant
lega
l reg
imes
for
safe
ty o
f life
at
sea.
Dra
ft Ex
-pl
oita
tion
Re
gu
la-
tions
Dra
ft Re
-gu
latio
n 1
7. T
hese
Reg
ulat
ions
are
sub
ject
to
the
prov
isio
ns
of
the
Conv
entio
n an
d th
e A
gree
men
t an
d ot
her
rule
s of
in
tern
atio
nal
law
not
inc
ompa
tible
with
th
e Co
nven
tion.
ISA
UN
CLO
S ge
nera
lly;
1994
Ag
reem
ent;
appl
icab
le
IMO
con
vent
ions
This
prov
ision
set
s ou
t th
e le
gal
cont
ext/
para
met
ers
of
the
draf
t re
gula
tions
. In
ad
ditio
n to
the
law
of
the
sea
inst
rum
ents
, th
e pr
ovisi
on
impl
icitl
y re
fers
to
IM
O
conv
entio
ns th
at a
re a
pplic
able
to s
hipp
ing
on th
e hi
gh se
as.
ISA TECHNICAL STUDY NO. 25
83
Dra
ft Ex
-p
loit
atio
n R
eg
ula
-tio
ns
Dra
ft Re
-gu
latio
n 2
4. P
rovi
de fo
r the
pro
tect
ion
of h
uman
life
;IS
A,
IMO
, IL
OIS
A fu
ture
re
gula
tions
; IM
O
safe
ty
and
ILO
re
gula
tions
This
prov
ision
sta
tes
a pr
inci
ple
with
out
clar
ifyin
g th
at
ISA’
s re
gula
tory
ro
le
on
this
topi
c is
supp
lem
enta
ry
to
exist
ing
inte
rnat
iona
l saf
ety
regu
latio
ns.
Dra
ft Re
-g
ula
tio
n 7(
3)
(f) A
Hea
lth,
Safe
ty a
nd M
ariti
me
Secu
rity
Plan
pre
pare
d in
acc
orda
nce
with
ann
ex V
I to
thes
e Re
gula
tions
;
ISA,
IM
O,
ILO
ISA
futu
re
regu
latio
ns;
IMO
saf
ety,
secu
rity
and
ILO
regu
latio
ns
Anne
x VI o
f the
Dra
ft ex
ploi
tatio
n re
gula
tions
ha
s not
bee
n dr
afte
d an
d w
ill b
e ‘p
opul
ated
fo
llow
ing
disc
ussio
n w
ith I
MO
Sec
reta
riat,
mem
bers
of
ISA
and
Stak
ehol
ders
.’] I
t is
likel
y th
at t
he P
lan
will
be
info
rmed
by
a ra
nge
of a
pplic
able
inte
rnat
iona
l sta
ndar
ds
adop
ted
by IS
A, IM
O a
nd IL
O.
Dra
ft Re
-g
ula
tio
n 30
(S
afe-
ty,
labo
ur
and
heal
th
stan
dard
s)
1. T
he C
ontra
ctor
sha
ll en
sure
at
all t
imes
th
at:
(a)
All
vess
els
and
Inst
alla
tions
ope
ratin
g an
d en
gage
d in
Exp
loita
tion
activ
ities
are
in
good
repa
ir, in
a s
afe
and
soun
d co
nditi
on
and
adeq
uate
ly m
anne
d, a
nd c
ompl
y w
ith
para
grap
hs 2
and
3 b
elow
; and
(b
) All
vess
els
and
Inst
alla
tions
em
ploy
ed in
Ex
ploi
tatio
n ac
tiviti
es h
ave
an a
ppro
pria
te
clas
s de
signa
tion
and
shal
l rem
ain
in c
lass
fo
r the
dur
atio
n of
the
expl
oita
tion
cont
ract
. 2.
The
Con
tract
or s
hall
ensu
re c
ompl
ianc
e w
ith
the
appl
icab
le
inte
rnat
iona
l ru
les
and
stan
dard
s es
tabl
ishe
d by
com
pete
nt
inte
rnat
iona
l or
gani
zatio
ns
or
gene
ral
dipl
omat
ic c
onfe
renc
es c
once
rnin
g th
e sa
fety
of
life
at s
ea, t
he p
ollu
tion
of t
he
Mar
ine
Envi
ronm
ent
by
vess
els,
th
e pr
even
tion
of c
ollis
ions
at
sea
and
the
trea
tmen
t of
cre
w m
embe
rs,
as w
ell
as
any
rule
s, re
gula
tions
and
pro
cedu
res
and
Stan
dard
s ado
pted
from
tim
e to
tim
e by
the
Coun
cil r
elat
ing
to th
ese
mat
ters
. 3.
In a
dditi
on, C
ontra
ctor
s sha
ll:
(a)
Com
ply
with
the
rel
evan
t na
tiona
l law
s re
latin
g to
ves
sel s
tand
ards
and
cre
w s
afet
y of
thei
r fla
g St
ate
in th
e ca
se o
f ves
sels,
or
thei
r sp
onso
ring
Stat
e or
Sta
tes
in th
e ca
se
of In
stal
latio
ns; a
nd
ISA,
IM
O,
ILO
SOLA
S;
LL
Conv
entio
n;
MAR
POL;
AF
S Co
nven
tion;
BW
M
Conv
entio
n;
COLR
EGS;
ST
CW
Con
vent
ion;
MLC
This
draf
t re
gula
tion
cont
ains
use
ful
rule
s of
ref
eren
ces
to s
ever
al a
pplic
able
IM
O
conv
entio
ns an
d co
des,
as w
ell t
he im
porta
nt
ILO
’s M
LC. T
he re
quire
men
t for
com
plia
nce
with
na
tiona
l m
ariti
me
law
s se
rves
to
em
phas
ize t
he r
elev
ance
of
dom
estic
ated
in
tern
atio
nal
mar
itim
e re
gula
tions
an
d co
vers
rul
es a
pplic
able
to c
abot
age
whe
re
ship
ping
su
ppor
ting
seab
ed
min
ing
is do
mes
tic.
On
(5),
IMO
tra
inin
g re
gula
tions
fo
r se
afar
ers
cove
r a
rang
e of
wor
kers
, bu
t no
t al
l pe
rson
nel
likel
y to
be
enga
ged
in
activ
ities
in th
e Ar
ea. T
he M
LC is
pot
entia
lly
appl
icab
le.
ISA’
s su
pple
men
tary
po
wer
un
der
UN
CLO
S Ar
ticle
146
cou
ld b
e us
ed
to a
ddre
ss t
he n
on-s
eafa
rer
com
pete
nces
ne
eded
on
boar
d sh
ips
and
inst
alla
tions
en
gage
d in
act
iviti
es in
the
Area
.Th
e fu
ture
dev
elop
men
t of
gui
delin
es f
or
cont
ract
ors’
safe
ty
man
agem
ent
syst
ems
for
seab
ed m
inin
g ha
s a
usef
ul p
rece
dent
in
the
ISM
Cod
e. T
he IS
M C
ode,
a S
OLA
S in
stru
men
t, co
uld
serv
e as
a m
odel
for
the
deve
lopm
ent o
f saf
ety
man
agem
ent s
yste
m
for
seab
ed m
inin
g. T
his
is an
othe
r ar
ea
whe
re IM
O e
xper
ienc
e an
d ex
perti
se c
ould
be
hel
pful
.
84
ISA TECHNICAL STUDY NO. 25
Dra
ft Ex
-p
loit
atio
n R
eg
ula
-tio
ns
Dra
ft Re
-g
ula
tio
n 30
(S
afe-
ty,
labo
ur
and
heal
th
stan
dard
s)
(b)
Com
ply
with
the
nat
iona
l la
ws
of i
ts
spon
sorin
g St
ate
or S
tate
s in
rela
tion
to a
ny
mat
ters
that
fall
outs
ide
of th
e ju
risdi
ctio
n of
th
e fla
g St
ate,
suc
h as
wor
ker r
ight
s fo
r non
-cr
ew m
embe
rs a
nd h
uman
hea
lth a
nd sa
fety
th
at p
erta
ins
to t
he m
inin
g pr
oces
s ra
ther
th
an to
ship
ope
ratio
n.
4. T
he C
ontra
ctor
sha
ll pr
ovid
e co
pies
of
valid
cer
tifica
tes
requ
ired
unde
r re
leva
nt
inte
rnat
iona
l shi
ppin
g co
nven
tions
to
the
Auth
ority
upo
n re
ques
t. 5.
The
Con
tract
or sh
all e
nsur
e th
at:
(a)
All
of i
ts p
erso
nnel
, be
fore
ass
umin
g th
eir d
utie
s, ha
ve th
e ne
cess
ary
expe
rienc
e,
train
ing
and
qual
ifica
tions
and
are
abl
e to
co
nduc
t the
ir du
ties s
afel
y, co
mpe
tent
ly a
nd
in c
ompl
ianc
e w
ith th
e Ru
les o
f the
Aut
horit
y an
d th
e te
rms o
f the
exp
loita
tion
cont
ract
; (b
) An
oc
cupa
tiona
l he
alth
, sa
fety
an
d en
viro
nmen
tal
awar
enes
s pl
an
is pu
t in
pl
ace
to i
nfor
m a
ll pe
rson
nel
enga
ged
in
Expl
oita
tion
activ
ities
as
to th
e oc
cupa
tiona
l an
d en
viro
nmen
tal
risks
whi
ch m
ay r
esul
t fro
m t
heir
wor
k an
d th
e m
anne
r in
whi
ch
such
risk
s are
to b
e de
alt w
ith; a
nd
(c) R
ecor
ds o
f the
exp
erie
nce,
trai
ning
and
qu
alifi
catio
ns o
f all
of it
s pe
rson
nel a
re k
ept
and
mad
e av
aila
ble
to th
e Se
cret
ary-
Gen
eral
up
on re
ques
t.6.
A C
ontra
ctor
shal
l impl
emen
t and
mai
ntai
n a
safe
ty m
anag
emen
t sys
tem
taki
ng a
ccou
nt
of th
e re
leva
nt G
uide
lines
.
Dra
ft Re
-g
ula
tio
n 31
2. T
he A
utho
rity,
in co
njun
ctio
n w
ith m
embe
r St
ates
, sh
all
take
mea
sure
s to
ens
ure
that
ot
her
activ
ities
in
the
Mar
ine
Envi
ronm
ent
shal
l be
cond
ucte
d w
ith re
ason
able
rega
rd
for t
he a
ctiv
ities
of C
ontra
ctor
s in
the
Area
.
ISA
UN
CLO
S ar
t 147
It is
poss
ible
that
rou
tein
g m
easu
res
coul
d be
use
ful a
rea-
base
d m
anag
emen
t too
ls to
en
able
ISA
to d
ischa
rge
its o
blig
atio
n in
this
prov
ision
. In th
is ca
se, IS
A in
conj
unct
ion
and
likel
y th
roug
h its
mem
ber
Stat
es (a
s St
ates
Pa
rties
to
SOLA
S), w
ould
nee
d to
pro
ceed
th
roug
h IM
O.
ISA TECHNICAL STUDY NO. 25
85
Dra
ft Ex
-p
loit
atio
n R
eg
ula
-tio
ns
Dra
ft Re
-g
ula
tio
n 43
(C
om-
pli
an
ce
with
oth
er
law
s an
d re
gu
la-
tions
)
1.
Not
hing
in
an
ex
ploi
tatio
n co
ntra
ct
shal
l re
lieve
a C
ontra
ctor
fro
m i
ts l
awfu
l ob
ligat
ions
und
er a
ny n
atio
nal la
w to
whi
ch it
is
subj
ect,
incl
udin
g th
e la
ws o
f a sp
onso
ring
Stat
e an
d fla
g St
ate.
ISA
All
ISA
regu
latio
ns
and
appl
icab
le
IMO
re
gula
tions
This
prov
ision
und
ersc
ores
that
inte
rnat
iona
l m
ariti
me
rule
s an
d st
anda
rds
appl
y sid
e-by
-sid
e se
abed
min
ing
regu
latio
n.
Dra
ft re
-g
ula
tio
n 94
(Ad
op-
tion
of
Stan
dard
s)
1.
The
Com
miss
ion
shal
l, ta
king
in
to
acco
unt
the
view
s of
rec
ogni
zed
expe
rts,
rele
vant
Sta
keho
lder
s an
d re
leva
nt e
xist
ing
inte
rnat
iona
lly a
ccep
ted
stan
dard
s, m
ake
reco
mm
enda
tions
to
the
Coun
cil
on t
he
adop
tion
and
revi
sion
of S
tand
ards
rela
ting
to E
xplo
itatio
n ac
tiviti
es in
the A
rea,
incl
udin
g bu
t not
lim
ited
to st
anda
rds r
elat
ing
to:
(a) O
pera
tiona
l saf
ety;
(b) T
he c
onse
rvat
ion
of th
e Re
sour
ces;
and
(c) T
he p
rote
ctio
n of
the
Mar
ine
Envi
ronm
ent,
incl
udin
g st
anda
rds o
r req
uire
men
ts re
latin
g to
the
Env
ironm
ent
Effe
cts
of E
xplo
itatio
n ac
tiviti
es, a
nd re
ferre
d to
in re
gula
tion
45.
ISA
All
ISA
regu
latio
ns,
ISM
Co
de
and
Lond
on
Conv
entio
n &
Prot
ocol
w
aste
as
sess
men
t gu
idel
ines
The
ISM
Cod
e an
d Lo
ndon
Con
vent
ion
and
Prot
ocol
’s w
aste
ass
essm
ent g
uide
lines
are
po
tent
ially
rele
vant
inte
rnat
iona
lly a
ccep
ted
stan
dard
s.
86
ISA TECHNICAL STUDY NO. 25
Dra
ft Ex
-p
loit
atio
n R
eg
ula
-tio
ns
Dra
ft Re
-g
ula
tio
n 95
(Is
sue
of G
uide
li-ne
s)
1. T
he C
omm
issio
n or
the
Secr
etar
y-G
ener
al
shal
l, fro
m ti
me
to ti
me,
issu
e G
uide
lines
of a
te
chni
cal o
r adm
inist
rativ
e na
ture
, tak
ing
into
ac
coun
t the
vie
ws
of re
leva
nt S
take
hold
ers.
Gui
delin
es w
ill s
uppo
rt th
e im
plem
enta
tion
of th
ese
Regu
latio
ns fr
om a
n ad
min
istra
tive
and
tech
nica
l per
spec
tive.
2.
The
full
text
of
such
Gui
delin
es s
hall
be
repo
rted
to th
e Co
unci
l. Sh
ould
the
Coun
cil
find
that
a G
uide
line
is in
cons
isten
t w
ith
the
inte
nt a
nd p
urpo
se o
f the
Rul
es o
f the
Au
thor
ity, i
t may
requ
est t
hat t
he g
uide
line
be m
odifi
ed o
r with
draw
n.3.
The
Com
miss
ion
or th
e Se
cret
ary-
Gen
eral
sh
all
keep
und
er r
evie
w s
uch
Gui
delin
es
in t
he l
ight
of
impr
oved
kno
wle
dge
or
info
rmat
ion.
ISA
Vario
us
inte
rnat
iona
l co
des
and
guid
elin
es
(e.g
., IM
O in
stru
men
ts).
The
ISM
Cod
e an
d Lo
ndon
Con
vent
ion
and
Prot
ocol
’s w
aste
ass
essm
ent g
uide
lines
are
po
tent
ially
use
ful m
odel
s for
the
issua
nce
of
guid
elin
es b
y IS
A.