China’s Domestic Law on the Exploration and Development of Resources in Deep Seabed Areas

Abstract

The “Law of the People’s Republic of China on Exploration for and Exploitation of Resources in the Deep Seabed Area” (the law, or the Deep Seabed Law) was adopted on 26 February 2016 and went into force on 1 May 2016.1 This represents China’s first special law dealing with the exploration for and exploitation of deep seabed resources. “Resources” here however was not defined. It is speculated that currently the definition only refers to non-living resources such as minerals but is intentionally silent regarding living seabed resources. This limitation to non-living resources in China’s Deep Seabed Law is inferred from the limitation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS, or the Convention), and the definition given thereunder for the term “resources”.2 In addition, the law applies to activities conducted by Chinese entities in the Area. Pursuant to Article 1(1) of the UNCLOS, “Area” means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. In other words, the applicable area of the Deep Seabed Law is not the traditional “within the territory of the People’s Republic of China and other sea areas under the jurisdiction of China”.3 Instead, it aims to effectively govern the behaviour of Chinese citizens, legal persons or organisations from territories outside the