CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ THIRTY YEARS SINCE THE ENTRY INTO FORCE OF THE UN CONVENTION … including the protection of the marine environment. The activities of the Authority can thus ensure the rational management of resources and the protection of the marine environment as far as the seabed is concerned. The states party to the Convention on the Law of the Sea respect this regime also because of the changes made on the basis of the Agreement on the Implementation of Part XI of the Convention. Even the USA, which is not a party to the Convention, has been temporarily implementing the 1994 Agreement. As for the implementation of the common heritage of humanity, a seabed survey is currently being conducted. In 2019, the Authority of the Seabed developed draft rules regarding the extraction of mineral resources 42 in the Area. According to the proposal, the initial phase of the mining contract is to be approved for a maximum of 30 years. The Seabed Authority anticipates the possibility of starting commercial mining in the next few years after the mining regulation is finalized. The importance of the Convention on the Law of the Sea is also given by the fact that it has a significant influence on customary law. From the point of view of many states, the Convention has an influence on practice, and it can be assumed that non-institutional provisions correspond to customary international law, unless the contrary is not proven. 43 In this direction, it is necessary to note that the states have generally accepted the changes in the existing legal regulations, which was most clearly manifested in the regulation of the exclusive economic zone, in the changes of the delimitation of the continental shelf, and the transit passage. As stated by B. H. Oxman, 44 a reasonable number of states that are not parties to the Convention, including the USA, consider the substantive legal provisions of the Convention to be declaratory (affirmative) and binding for all states. Although there are certain unclear or disputed questions (see above), in principle these regimes are accepted by the states, mainly because it brings them economic, but also other benefits. However, the Convention on the Law of the Sea should also react to further developments in the field of international maritime law. An important role in the development of the Convention on the Law of the Sea is played by the new institutions created by the Convention. This is the Seabed Authority, which is an international organization to implement the provisions of the Convention on the Law of the Sea. Within the Authority, regulations regarding the exploration of mineral resources were adopted for the implementation of the Convention. 45 42 Draft Regulations on Exploitation of Mineral Resources in the Area. ISBA 25/C/WP/1, 22 March 2019. 43 TREVES, T. United Nations Convention on the Law of the Sea. United Nations, 2008. https://legal.un.org/avl/ pdf/ha/uncls/uncls_e.pdf. www.un.org/law/avl, p. 4 (accessed on 17. 4. 2024). 44 OXMAN, B. H. The Fortieth Anniversary of the United Nations Convention on the Law of the Sea. International Law Studies , vol. 99, 2022, p. 870. in: https://digitalcommons.usnwc.edu/cgi/viewcontent. cgi?article=3032&context=ils (accessed on 10. 4. 2022). 45 Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, ISBA/6/A/18, International Seabed Authority, sixth session, 4. 10. 2000. Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area, ISBA/16/A/12/Rev.1, International Seabed Authority, Assembly, sixteenth session, 7. 5. 2010. Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area, ISBA/18/A/11 International Seabed Authority, Assembly, eighteenth session, 27. 7. 2012. Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, ISBA/19/A/9, International Seabed Authority, Assembly, nineteenth session, 22. 07. 2013. 5. Evaluation of the Convention on the Law of the Sea and its further development

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