The Interests of Developing States in the Area: Promoted or Neglected?

Abstract

Together with its mineral resources, ‘the Area’ – comprising the seabed and subsoil beyond the boundaries of national jurisdiction – is designated as the ‘common heritage of mankind’. One of the predominant motivations behind the principle of the common heritage of mankind was to ensure fair sharing of the benefits derived from the Area by preventing a first-come first-serve race to the bottom of the ocean, which would mainly entitle developed nations – possessing the necessary expertise, technology and financial means to engage in deep sea mining – to the mineral resources of the deep seabed and would exclude most developing States from these economic opportunities. This important objective ought to be effected through a number of measures, but most of these measures have not yet been implemented by the International Seabed Authority or seem to be undermined by current developments.