The Law of the Seabed

Humankind has always been fascinated by the seabeds for their mysteries, their perils and their riches, along with the beauty of their biological diversity. Moreover, the ocean floor comprises a constellation of components that are, at the same time, fragile and vital to sustainability and the balance of the rest of the world’s interdependent eco-systems. For an area which is barely accessible to most human beings, the ocean floor plays a major role in the Earth ecological balance. Oceans cover 70 percent of the Earth surface and constitute more than 95 percent of the planet living space. The deep seabed beyond national jurisdiction covers half of the Earth’s surface, and 50 per cent of is below 3,000 meter depth. The seabeds sustain important functions and ecosystem services, including nutrient regeneration, carbon sequestration, biological and mineral resources. Both the exploitation and the conservation of seabeds pose fundamental questions for consideration by jurists, policy makers and negotiators, issues associated with the man-made rule of law but with consequences surpassing purely legal considerations and that require great qualities of judgement and care. Short-term commercial aspirations compete with national strategic and technological goals as well as global ecological concerns. There is, as often in the case, a balance to strike between enabling seabed resources use and preserving fragile environments. The question for lawyers is how to best ensure that known and potential impacts are taken into account when taking decisions as to the use of the seabed and its resources, and how to ensure that access to seabed resources benefit all stakeholders in an equitable and sustainable manner. Legal principles such as the precautionary principle or common heritage of mankind must serve as guidance. Procedural tools, such as environmental impact assessments (EIAs), aim to make sure that consequences are assessed and interested parties heard. Marine management tools aim to ensure long-term coherence between activities and interests. This book aims to offer a new perspective on the juridical aspects raised by the use and protection of natural resources on and underneath the world’s seabeds. Several chapters