An ISA Side Issue: UNCLOS, Article 82 and Revenue Sharing

Ted L. McDorman

Chapter 15 An ISA Side Issue

UNCLOS, Article 82 and Revenue Sharing

于The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

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Ted L. McDorman

Ted L. McDorman
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类型:: 章节

Page Range:: 364–375

DOI:: https://doi.org/10.1163/9789004507388_020

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Abstract

Somewhat buried in Part VI, “Continental Shelf”, of the 1982 United Nations Convention of the Law of the Sea, article 82(1) sets out that: “The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles….”

Article 82 (4) directs that: “The payments and contributions shall be made through the Authority, which shall distribute them to States Parties to the Convention, on the basis of equitable sharing….”

To date, there has not been any commercial exploitation of the non-living resources of shelf beyond 200 nautical miles, meaning that no payments have been made or become due pursuant to article 82. There have been a number of workshops that have looked at article 82, including one sponsored by ISA, held in Beijing. There have also been a number of reports commissioned and issued by ISA.

While still some period off, given the current exploratory activity adjacent to Canada’s Atlantic coast, Canada is highly likely to be the first State to be directly engaged with article 82. As recently as July 2018, Canadian media ran stories on “footing the bill” for these payments. This paper will focus on the role(s) of ISA as regards article 82.

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The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

ISBN:: 9789004507388

出版社:: Brill | Nijhoff

印刷出版日期:: 13 Apr 2022

Subjects
- International Law
  - International Law: General Interest
  - Law of the Sea

Front Matter

Chapters

Part 1 The Evolution of the International Seabed Authority from 1994 to Date

Part 2 Common Heritage of Mankind and Capacity Building under UNCLOS

Part 3 Dispute Settlement and Right to Redress under Part XI of UNCLOS

Part 4 Scientific Aspects of Deep-Seabed Mining

Part 5 Sponsoring States and Liability Issues

Part 6 Future Prospects

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Chapter 15 An ISA Side Issue

UNCLOS, Article 82 and Revenue Sharing

Abstract

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The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey

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