Review of National Legislations Applicable to Seabed Mineral Resources Exploitation

Abstract

In parallel to growing interest for seabed exploration and mining in the high seas, there has been increased interest for seabed mining activities within the national jurisdictions of coastal states. Seabed mining in the high seas and within national jurisdictions is not unconnected. Seabed mining in the high seas provides a good indication of the nature, status quo and future of seabed mining in national jurisdictions and vice versa. Notably, the direction of seabed mining in the high seas will influence the policy directions of nation states.1 This chapter seeks to provide a broad overview of seabed mining within the national jurisdictions of sovereign coastal states. Section 2 provides a brief outline of international legal and governance instruments that are intended to provide a framework for national policy and decision-making on seabed mining. Section 3 seeks to provide a comparative analysis of legal and policy approaches adopted by various countries in relation to seabed exploration and exploitation. This aims to offer insights into legal principles and mechanisms that have been used in response to seabed mining. This comparative analysis focuses on seabed mining, in respect of both exploration and exploitation, within the exclusive economic zones of five coastal states namely: New Zealand, Australia, Namibia, Mexico and Papua New Guinea. These cases are assessed primarily due to the fact that seabed mining proposals have been concentrated in these coastal states. Furthermore, they represent a diversity of policy approaches and regulatory regimes. These approaches have been diverse, due