CYIL vol. 8 (2017)

JAN ONDŘEJ CYIL 8 ȍ2017Ȏ including polymetallic nodules. These mainly manganese nodules are rock concretions on the sea bottom formed of concentric layers of iron and manganese hydroxides around a core. Those of greatest economic interest contain manganese, nickel, copper and cobalt and some other metal rare elements. Another mineral resource is cobalt-bearing crusts which contain lower but important concentrations of cobalt, titanium, nickel, platinum, molybdenum, tellurium, cerium and other metallic and rare elements. The activity in the Area is regulated on the basis of the UN Convention on the Law of the Sea through the Authority (International Seabed Authority ) . The Authority regulates deep seabed mining and gives special emphasis to ensuring that the marine environment is protected from any harmful effects which may arise from mining activities, including exploration and exploitation. These activities can be conducted by states, state enterprises, natural or juridical persons of the Convention parties or international organizations. Even the International Seabed Authority can conduct such activities through its Enterprise. All parties to the Law of the Sea Convention should, according to Article 139 of the Convention, ensure that activities in the Area, whether carried out by States Parties, or state enterprises or natural or juridical persons which possess the nationality of States Parties or are effectively controlled by them or their nationals, shall be carried out in conformity with the Convention. In the Czech Republic, Law 158/2000 Coll. on mining, exploration and exploitation was adopted to ensure the conformity of the national legislation with the Convention regarding the sea bed beyond the boundaries of the national jurisdiction of the state. The International Seabed Authority also checks activities on the sea-bed. The Authority shall also, according to Article 140 Paragraph 2 of the Convention. provide for the equitable sharing of financial and other economic benefits derived from activities in the Area through any appropriate mechanism, on a non-discriminatory basis, taking into particular consideration the interests and needs of developing states and peoples. The precise manner of benefit sharing shall be set by the rules that shall be adopted by the Authority. Benefits may arise from the mining phase that will occur after the exploration phase. Contracts between the International Seabed Authority and the bodies (states, state enterprises or natural or juridical persons) who conduct the exploration and mining will be concluded. The first contracts have already been signed for the exploration phase. They are for a period of 15 years and were concluded in 2001. The particular contract shall provide for security of tenure according to Article 153 Paragraph 6 of the Convention, and so an exclusive right for exploration and mining in the Section of the Area, which is covered by the plan of activities referring to the particular category of resources, and the Authority shall provide that no other subject shall conduct activities referring to another category of resources in the same section of the Area in such a way that would interfere. As to the extension of the section for polymetallic nodules, the entitled exploration area allocated to each contractor is 75,000 square kilometres. For polymetallic sulphides, the entitled exploration area allocated to each contractor is 10,000 square kilometres and consists of 100 blocks. Each block is no greater than 100 square kilometres. For cobalt-rich ferromanganese crusts, the entitled exploration area allocated to each contractor is 3,000 kilometres and consists of 150 blocks. Each block is no greater than 20 square kilometres.

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