CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ LAW OF THE SEA: IS IT RELEVANT FOR THE CZECH REPUBLIC? the dissolution of Czechoslovakia, both the Czech Republic and Slovakia became parties to this treaty on the basis of succession. The Interoceanmetal, an international organization currently composed of Bulgaria, Cuba, Poland, Russia, Slovakia, and the Czech Republic, surprisingly “survived” the collapse of the East Bloc and remains an important player in the field of sea bed exploration and mining. In 1992, the Interoceanmetal acquired the status of “pioneer investor” under Resolution II (of the Third United Nations Conference on the Law of the Sea) Governing Preparatory Investment in Pioneer Activities Relating to Polymetallic Noduls and was allocated a special “pioneer area”. 46 According to the Interoceanmetal itself, in 2001 it was the first international organization to be awarded an exploration contract by the ISA. The organization obtained the exclusive right to explore and develop a commercial mining project in the granted area of 75,000 km 2 , located in the Clarion-Clipperton Zone. In 2017, the Interoceanmetal and the ISA signed the Agreement on the extension of the contract for exploration for polymetallic nodules for the period of 5 years. 47 Second, the Czech Republic has played an active role in the organs of the ISA that include: the Assembly, composed of all members of the ISA; 48 the Council, “the executive organ of the Authority”, whose 36 members are elected by the Assembly; 49 two expert bodies – the Legal and Technical Commission 50 and the Finance Committee; 51 and the Secretariat. 52 The Czech Republic has been a member of the Council since 2001 53 and, previously, its representative was a member of the Finance Committee. 54 Third, on the national level, in 2000 the Czech Republic adopted the Act on the Prospecting, Exploration and Exploitation of Mineral Resources from the Seabed beyond the Limits of National Jurisdiction and Amendments to related Acts implementing into the Czech law the obligations under Part XI of the UNCLOS and the 1994 Implementation Agreement. Specifically, the Act sets out the conditions under which persons with a residence and legal entities with a seat in the Czech Republic may carry out prospecting and the activities in the Area. 55 Furthermore, it designates the Ministry of Industry and Trade of the Czech Republic as the competent authority to issue necessary certifications and consents. While prospecting can be done by certified persons and entities on the basis of reporting to the ISA, the activities in the Area (i.e., exploration and exploitation) are only allowed on the basis of an agreement with the ISA whose precondition is the consent of the Ministry of Industry and Trade. 56 Before such “preliminary consent” is issued, the Ministry of Foreign 46 The Certificate of Registration of Interoceanmetal is available on the website of the above-stated Ministry: https://www.mpo.cz/assets/dokumenty/26205/28791/314816/priloha002.pdf. 47 The website of the Interoceanmetal, available at: https://iom.gov.pl/exploration-licence/. 48 See Articles 159-160 of the UNCLOS. 49 See Articles 161-162 of the UNCLOS. 50 See Articles 163 and 165 of the UNCLOS. 51 See Annex of the 1994 Implementation Agreement, Section 1(4) and Section 9. 52 See Articles 166 of the UNCLOS. 53 The website of the ISA, available at: https://www.isa.org.jm/files/documents/EN/Council/Council1996-2020.pdf. 54 See supra 45. 55 Act No. 158/2000 Sb., § 1(1). 56 Ibid., §§ 7-10.

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