On the Development of the Inspection, Compliance, and Enforcement Mechanisms for the International Seabed Area

The issue of inspection, compliance, and enforcement is a key matter for all parties in the negotiation of the Regulations on Exploitation of Mineral Resources in the Area (hereinafter ＂Exploitation Regulations＂). The United Nations Convention on the Law of the Sea (UNCLOS) has provided the legal framework for inspection, compliance, and enforcement of resource exploration and exploitation in the international seabed area (the Area), the relevant functional division of various organs of the International Seabed Authority, and the powers and functions of the inspectors. With the deepening of negotiations on the Exploitation Regulations, there are still many differences among the parties regarding inspection, compliance, and enforcement issues, especially in the institutional framework proposed different schemes. The inspection, compliance, and enforcement mechanism for the Area should be established and implemented in accordance with the existing legal framework of the UNCLOS. It should be guided by the evolutionary approach and cost-effective principle, and insisting that the Legal and Technical Commission have an important role in the institutional framework. The implementation of inspection powers should be strictly limited to the authorized scope of the UNCLOS.