CYIL vol. 15 (2024)

JAN ONDŘEJ 4. The seabed beyond the borders of the national jurisdiction of states In a completely new way, the 1982 UN Convention on the Law of the Sea regulates the seabed and ocean floor and their subsoil beyond the limits of national jurisdiction , which is designated as the Area (Article 1(1) and Article 133 et seq). This is the sea floor beyond the boundaries of the continental shelf. Detailed and binding legal regulation of the Area is contained only in the 1982 Convention. The 1958 Conventions did not contain the regime of the seabed. Discussion in regard to the legal regime of the Area prolonged the proceedings of the Third Conference on the Law of the Sea due to the differences in opinions of the states on this issue. The legal regulation contained in the final text of the Convention in 1982 was the reason why most of the developed states did not become a party to it. In particular, it was in regard to the financial issues of contracts, or the transfer of technology to developing countries under favourable conditions, which was unacceptable for developed countries. The main problems associated with the Area regime were subsequently overcome by informal consultations between states, which took place between 1990 and 1994 in relation to the significant issues related to Part XI and related provisions of the Convention. The result of these consultations was, before the UN Convention on the Law of the Sea entered into force, the adoption of the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Seas the UN General Assembly on 28 July 1994, which contained the additions (amendments) necessary to make the Convention acceptable for the developed states. For the parties to this Agreement, its provisions take precedence over the original text of the Convention. The agreement contains different provisions in regard to the relevant points, with the understanding that the concerned provisions of the Convention and annexes do not apply. The agreement thus contains changes to the original text of the Convention. The agreement entered into force on 28 June 1996 and is binding on 148 states. According to Article 136 of the Convention, the seabed and its resources are declared to be the common heritage of mankind. Regarding the essence of the common heritage of mankind, which applies to the seabed beyond the borders of the national jurisdiction of the states (the Areas), all rights to the resources of the Area belong to humanity as a whole, on whose behalf the Authority acts. The resources of the seabed are not subject to free appropriation, they can only be alienated in accordance with the Convention on the Law of the Sea and the regulations and procedures of the Authority. This means that, unlike the high seas, where there is freedom of fishing and other exploitation (states and their subjects are free to appropriate the benefits of the sea and carry out other activities), the activity and distribution of mineral resources from the Area is subject to certain rules. States or other persons cannot freely appropriate the resources of the seabed. The activity in the seabed is thus essentially organized and uniformly regulated by the Authority, in contrast to the high seas, where, despite certain restrictions, no uniform institutionalized regulation has been created. The Authority is thus the manager of the seabed, and states, legal entities, natural persons and other entities can only carry out activities in the seabed based on contracts, i.e., agreements concluded between the Authority and the relevant contractor. Contracts are concluded for the phase of exploration and then mining activities. It is essential that the relevant contractor has reserved a given part for the duration of the contract. It means that no one else may carry out exploration activities and, in the future, mining activities in the given section. The terms of the contracts are also very strict in terms of the conditions set,

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