CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE ISSUES OF SOVEREIGNTY AND OWNERSHIP IN RESPECT TO THE SEAǧBED … For polymetallic nodules the area of 150 thousand square kilometres is allocated to each contractor and the area is divided into two parts. The contractor gradually releases the area so that after eight years from the signing the contractor operates on 75,000 square kilometres of allocated area. The USA (not a state party of the Law of the Sea Convention) and four consortia concluded in the period 1982–1991 a series of multi- and bilateral agreements 25 with states whose juridical persons conduct exploration in the Clarion Clipperton zone to ensure their interests in this area. 2.1 Exploration The first contracts 26 that the Authority entered into were 15-year contracts for exploration for polymetallic nodules in the deep seabed with the State enterprise Yuzhmorgeologiya (Russian Federation) and Interoceanmetal Joint Organization (IOM) (a consortium formed by Bulgaria, Cuba, the Czech Republic, Poland, the Russian Federation and Slovakia on 29 th March 2001. To the Interoceanmetal Joint Organization where the Czech Republic is a partner the part in the Clarion Clipperton zone in the Pacific Ocean was granted. On the same date, the Secretary-General also signed a contract with the Republic of Korea. On 22 nd May 2001, a contract with China Ocean Mineral Resources Research and Development Association was signed. Similar contracts with Deep Ocean Resources Development Company (Japan) and Institut français de recherche pour l’exploitation de la mer (France) were signed on 20 June 2001 and a contract between the Authority and the Government of India on 24 March 2002. By 31 st May 2016, altogether 24 contracts were signed. The first plans of exploration were approved until 2016. So far, no application for an approval of mining plan is expected, as no regulation concerning such approval of mining has been accepted. It is therefore not evident what will be the exact content of the mining work plan. The first contractors asked for an extension of the exploration work of five years. According to Article 9 Section 1 of the Annex of the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 1994, contractors may apply for such extensions. Such extensions shall be approved if the contractor has made efforts in good faith to comply with the requirements of the plan of work but for reasons beyond the contractor’s control has been unable to complete the necessary preparatory work for proceeding to the exploitation stage or if the prevailing economic circumstances do not justify proceeding to the exploitation stage. In December 2015, six contractors applied for an extension of five years of the exploration work of polymetallic nodules. 27 These contractors were Yuzhmorgeologiya (Russian Federation) and Interoceanmetal Joint Organization (IOM), Korea, China Ocean Mineral Resources Research and Development Association (COMRA), Deep Ocean Resources Development Company (Japan) and Institut français de recherche pour l’exploitation de la mer (France).

25 Ibid. 26 Report of the Secretary-General of the International Seabed Authority under Article 166, paragraph 4, of the UN Convention on the Law of the Sea, ISBA 8/A/5, International Seabed Authority, eighth session, 7. June 2002. 27 Report of the Secretary-General of the International Seabed Authority under Article 166, paragraph 4, of the United Nations Convention on the Law of the Sea. International Seabed Authority, Assembly ISBA/22/A/2, Twenty-second session, 22. July 2016, p. 14.

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