The Role of the International Seabed Authority in the regime of the protection of the living resources within Areas Beyond National Jurisdiction

Abstract

Law of the Sea Convention is the fundamental comprehensive international document dealing with various uses of the seas and oceans. General international law divides maritime zones on the one hand within national jurisdiction, from the other hand on areas beyond national jurisdiction. It has been commonly accepted that the areas beyond national jurisdiction refers to the high seas and the Area. Law of the Sea Convention through its provisions regulates both maritime zones. It devotes Part XI to the regime of the Area. Conventional provisions in Part XI establish an international autonomous body, namely the International Seabed Authority. This organ is under obligation to govern resources and activities in the Area. Most provisions of Part XI indicate that the regime within this Part focuses on the mineral resources of the Area. By that Part XI of the Convention makes no reference to living resources located in the Area. Consequently, their legal status is unclear. In that case, it is also unclear, whether or not the International Seabed Authority is responsible to regulate and protect living resources located in the Area. What is the role of the International Seabed Authority in their protection?