Article 82 of UNCLOS: A Clear Outcome of the ‘Package Deal’ Approach of the Convention Negotiation

Abstract

Its implementation is not an easy task and raises many problems.2 But, seeing the glass as half full, we also need to acknowledge that there are some important elements that have already been defined, e.g., the rate and grace period of the payments and contributions, the institution through which the payments shall be made, and the basic criteria to distribute the funds collected. This positive approach to the problem does not imply minimizing several complex issues whose resolution is still pending. Undoubtedly, it is necessary to solve them to provide greater certainty to the offshore industry and to the work of the International Seabed Authority (isa). This essay briefly considers the origin and rationale of Article 82, but cannot attempt to solve all the problems. Rather it tries to provide useful elements for their solution and, in particular, it identifies various problems with respect to the three actors involved in implementation of Article 82: the coastal state, the isa, and the beneficiary states.