Integrating Sustainable Development into the Adoption of Emergency Orders for the Protection of the Common Heritage of Mankind and the Marine Environment

Abstract

Subjacent to the concept of sustainable development lies a narrative of prevention or mitigation of damages that can constitute a useful argumentative mechanism. In particular, this narrative provides coherence to the motivation behind emergency orders issued by the International Seabed Authority (ISA), which are aimed at the protection of the common heritage of mankind and the marine environment. Adopting a strong legal discourse from the beginning would subsequently strengthen the position of the Authority before the Seabed Disputes Chamber should a contractor decide to challenge the emergency order. This is especially true in instances where a contractor seeks to determine the liability of the ISA, as well as compensation for any economic losses the emergency order may have caused to its investment.