Exploitation of Resources in the Area and the Sponsoring State Responsibility:New Developments in China's Legislative Work Concerning the Deep Sea

2016-08-17 08:46JIAYu
中华海洋法学评论 2016年1期

JIA Yu



Exploitation of Resources in the Area and the Sponsoring State Responsibility:New Developments in China's Legislative Work Concerning the Deep Sea

JIA Yu*

The international legal regimes designed to regulate the exploration and exploitation of resources in the Area have undergone a rapid development. Apart from the United Nations Convention on the Law of the Sea and the Agreement Relating to the Implementation of Part XI thereof, regulations have been adopted on prospecting and exploration for polymetallic nodules, cobalt-rich crusts and polymetallic sulphides. The “Advisory Opinion”, which was rendered by the International Tribunal for the Law of the Sea with respect to Case No. 17, has prompted some States, especially developing States, to promulgate national laws concerning sponsoring State responsibility. Against this backdrop, China enacted the Law of the People’s Republic of China on the Exploration and Exploitation of Resources in Deep Seabed Area, which can be listed as the first special law that China has made to regulate the exploration and exploitation of resources in the Area. This law contains provisions in respect of the following areas: the application scope of the law; exploration and exploitation of resources in the Area;environmental protection; marine scientific research and resources investigation;inspection and supervision; and legal liability. It has strongly underpinned the Chinese enterprises’ participation in the exploration and exploitation activities in the international seabed area.

Area; Resources exploitation; Sponsoring State responsibility;Deep seabed law

The Law of the People’s Republic of China on the Exploration and Exploitation of Resources in Deep Seabed Area (hereinafter referred to as the “Deep Seabed Law”), as adopted at the 19th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on 26 February 2016, came into force on 1 May 2016.1The Law of the People’s Republic of China on the Exploration and Exploitation of Resources in Deep Seabed Area (hereinafter referred to as the “Deep Seabed Law”) was submitted to the 17th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China for initial consideration on 31 October 2015. And the draft law was published to solicit opinions from the public from 6 November to 5 December 2015. This law, as adopted at the 19th Session of the Standing Committee of the Twelfth National People’s Congress of the People’s Republic of China on 26 February 2016, was issued in accordance with PRC Presidential Order No. 42 executed by President Xi Jinping,and came into force on 1 May 2016.With the enactment of the Deep Seabed Law, China will have a law to follow when carrying out exploitation activities with respect to the resources in the Area. Additionally, its promulgation also bears great practical significance, both for protecting China’s maritime rights and interests, and also for China’s participation in pertinent international affairs. This paper will present an analysis and examination of the law from its legislative origin and background, as well as its regime design, main contents and features.

I. Development of the Legal Regime of the Area

The International Seabed Area, hereinafter referred to as the “Area”, means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.2UNCLOS Article 1(1).In accordance with the relevant regimes envisaged in the United Nations Convention on the Law of the Sea (UNCLOS), if each coastal State has 200 nautical miles of waters under its jurisdiction, then the Area would approximately cover an area of 251.7 million km2, which accounts for 65% of the total area of the ocean and 49% of the surface area of the earth. The Area, specifically, comprises the seabed, ocean floor and subsoil beyond the continental shelves (including the continental shelves extending beyond 200 nautical miles) of coastal States, but excluding the superjacent waters or the air space above those waters. “Resources of the Area” refers to all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed.3UNCLOS Article 133(a).The Area is rich in mineral resources, mainly including polymetallic nodules, cobalt-rich crusts and hydrothermal polymetallicsulphides.4Polymetallic nodules are rock concretions formed of concentric layers of iron and manganese oxides as well as silt minerals around a core. These nodules, lying in water depths of approximately 4000~5000 meters, has been found to contain over 60 kinds of minerals, including manganese, ferruginous, silicon and carbon nodules. The total amount of polymetallic nodules is estimated to be 500 billion tons. Cobalt-rich crusts contain certain metals, including cobalt, manganese and nickel. They can be found on the flanks and summits of seamounts, ridges and plateaus. According to one estimate, about 6.35 million km2of the ocean floor is covered by cobalt-rich crusts, translating to some 1 billion tons of cobalt. Located at water depths up to 3,700 meters, hydrothermal polymetallic sulphides,which is rich in zinc, lead, gold, silver and other metals, is a kind of deep sea mineral. Most sites of polymetallic sulphides have been located in mid-ocean at the East Pacific Rise,the Southeast Pacific Rise and the Northeast Pacific Rise. Several deposits are also known at the Mid-Atlantic Ridge and the ridge system of the Indian Ocean. See the Research Team of China Institute for Marine Affairs, State Oceanic Administration, China Ocean Development Report 2010, Beijing: China Ocean Press, 2010, pp. 347~348. (in Chinese)In addition, creatures inhabiting deep sea hydrothermal vents, due to the special value of their genes, have garnered great attention from the international community; and some developed States have established organizations specializing in the research and exploitation of these creatures. Natural gas hydrate (NGH)in the oceans, including the Area and the waters under national jurisdiction, is a potential unconventional resource that can be exploited in the 21st century.

The UNCLOS and the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (hereinafter referred to as the “Implementation Agreement”),5The Implementation Agreement contains 9 sections, including “Costs to States Parties and Institutional Arrangements”, “The Enterprise”, “Decision-Making”, “Review Conference”,“Transfer of Technology”, “Production Policy” and “Economic Assistance”. Through these sections, this Agreement made a substantial amendment and supplement to UNCLOS Part XI. In accordance with the Implementation Agreement, the provisions of this Agreement and the UNCLOS shall be interpreted and applied together as a single instrument. In the event of any inconsistency between this Agreement and UNCLOS Part XI, the provisions of this Agreement shall prevail.established a legal regime of the Area featured by the principle of common heritage of mankind and “parallel system” of exploitation. The Area and its resources are the common heritage of mankind.6UNCLOS Article 136.No State shall claim or exercise sovereignty or sovereign rights over any part of the Area or its resources, nor shall any State or natural or juridical person appropriate any part thereof.7UNCLOS Article 137 (1).All rights in the resources of the Area are vested in mankind as a whole, on whose behalf the International Seabed

Authority (hereinafter referred to as the “Authority”) shall act.8UNCLOS Article 137(2).On the one hand, in accordance with the principle of common heritage of mankind, activities inthe Area may be carried out by the Enterprise of the Authority on behalf of the mankind as a whole; on the other hand, such activities may be carried out, in association with the Authority, 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, when sponsored by such States, or any group of the foregoing which meets the given requirements.9UNCLOS Article 153.

With the joint efforts from the international community, and pushed by the Authority, the Council of the Authority adopted the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, the Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area and the Regulations on Prospecting and Exploration for Cobalt-Rich Crusts in the Area in 2000, 2010 and 2012, respectively. These three sets of regulations further define the rights,obligations and functions of the contractors and the Authority, and specify some issues, such as the applications for approval of plans of work for prospecting and exploration, the contracts for exploration, and the protection and preservation of marine environment. Moreover, the Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area and the Regulations on Prospecting and Exploration for Cobalt-Rich Crusts in the Area further developed the parallel system of exploration, stating that each applicant may elect either to contribute a reserved area, or offer an equity interest in a joint venture arrangement. The regime of the Area, primarily envisaged in the UNCLOS, the Implementation Agreement and the foregoing Regulations, provides the legal basis for the international community to regulate, exploit and utilize the Area and its resources.

II. Issues Relating to Sponsoring State Responsibility

Up to 1 May 2016, the Authority has approved 27 plans of work for exploration, and entered into 22 contracts for exploration with contractors. Fourteen of these contracts are for exploration for polymetallic nodules, with five contracts for exploration for polymetallic sulphides and three for cobalt-rich crusts. Some of these contracts are sponsored by small developing States like Nauru and Tonga. In reality, Nauru, like many other developing States, has not yet possessed the technical and financial capacity to prospect and explore resources in the Area. In order to participate in activities in the Area, these States must engage theglobal private sector or entities. However, potential liabilities resulting from their sponsorship of contractors could, in some cases, exceed their capacities.10Proposal to Seek an Advisory Opinion from the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on Matters Regarding Sponsoring State Responsibility and Liability, 5 March 2010, ISBA/16/C/6.

In 2008, Nauru Ocean Resources Inc. and Tonga Offshore Mining Limited,under the sponsorship of Nauru and Tonga, submitted to the Authority their applications for approval of plans of work for the exploration for polymetallic nodules in the Clarion-Clipperton Fracture Zone of the Central Pacific (Reserved Area).11Executive Summary of the Application for Approval of a Plan of Work for Exploration by Nauru Ocean Resources Inc. (ISBA/14/LTC/L.2) and Executive Summary of the Application for Approval of a Plan of Work for Exploration by Tonga Offshore Mining Limited (ISBA/14/LTC/L.3).On 5 May 2009, the two companies decided to request the Authority to postpone the consideration of their applications above.12Summary Report of the Chairman of the Legal and Technical Commission on the work of the Commission during the Sixteenth Session (ISBA/16/C/7).

The Proposal to Seek an Advisory Opinion from the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on Matters Regarding Sponsoring State Responsibility and Liability was submitted by the delegation of Nauru to the Authority in 2010. The Proposal states that: Nauru, like many other developing States, has not yet possessed the technical and financial capacity to undertake seafloor mining in the Area. To participate effectively in activities in the Area, these States must engage entities in the global private sector. Some of these developing States cannot afford exposure to the legal risks potentially associated with activities in the Area. Potential liabilities or costs arising from their sponsorship could, in some circumstances, far exceed the financial capacities of Nauru as well as those of many other developing States.13Proposal to Seek an Advisory Opinion from the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on Matters regarding Sponsoring State Responsibility and Liability (ISBA/16/C/6).Although provisions concerning sponsoring State responsibility and obligations can be found in the UNCLOS, such responsibility and liability still needs further clarification.

On 6 May 2010, the Council of the Authority adopted decision ISBA/16/C/13,by which it decided to request the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea (ITLOS) to render an advisory opinion on the following questions:1. What are the legal responsibilities and obligations of States Parties to the Convention with respect to the sponsorship of activities in the Area in accordance with the Convention, in particular Part XI, and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982?

2. What is the extent of liability of a State Party for any failure to comply with the provisions of the Convention, in particular Part XI, and the 1994 Agreement, by an entity whom it has sponsored under Article 153, paragraph 2(b), of the Convention?

3. What are the necessary and appropriate measures that a sponsoring State must take in order to fulfill its responsibility under the Convention, in particular Article 139 and Annex III, and the 1994 Agreement?

The Authority’s request for an advisory opinion on the foregoing questions was accepted by the ITLOS, and entered in the list of cases as No. 17.

Pursuant to the UNCLOS, States Parties shall have the responsibility to ensure that activities in the Area, whether carried out by natural or juridical persons which possess the nationality of States Parties, shall be carried out in conformity with the UNCLOS, and to sponsor such activities. States Parties shall ensure that the contractors sponsored by them comply with the terms of contracts for exploration and their obligations specified in the UNCLOS and other relevant legal instruments. This is a kind of “due diligence” obligations. A sponsoring State shall be liable for damage caused by any failure to perform the obligations under the UNCLOS by a person whom it has sponsored. A sponsoring State shall not, however, be liable for such damage, if that State has adopted laws and regulations and taken administrative measures to secure effective compliance by contractors with their obligations in respect of activities in the Area.

The advisory opinion concerning the responsibilities and obligations of sponsoring States with respect to activities in the Area, issued by the ITLOS on 1 February 2011, further states that, the sponsoring State is absolved from legal liability and liability for damage, if it has taken “all necessary and appropriate measures”, including adopting domestic laws, regulations and administrative measures, to secure effective compliance by the sponsored contractor with its contractual obligations, and to secure effective protection of the marine environment from harmful effects resulting from activities in the Area. In case a sponsoring State fails to perform its obligations to secure effective control overits sponsored contractors through its domestic laws, regulations or administrative measures, that sponsoring State shall be legally liable for the damage caused by the contractors’ violation of their obligations.14Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area, Seabed Disputes Chamber of the International Tribunal of the law of the Sea, Case No. 17, 1 February 2011.Additionally, the most important direct obligations of the sponsoring States also include: the obligation to assist the Authority under Article 153(4) of the UNCLOS; the obligation to apply a precautionary approach; the obligation to apply best environmental practices; the obligation to take measures to ensure the provision of guarantees in the event of an emergency order by the Authority for protection of the marine environment; and the obligation to ensure the availability of recourse for compensation.

As one of the principal international judicial organs in the world, the advisory opinions issued by the ITLOS concerning responsibilities and obligations of States sponsoring persons and entities with respect to activities in the Area, undoubtedly,will be used as a most powerful “soft law”. Previous international judicial practices indicate that, advisory opinions rendered by international tribunals are usually regarded as the leading authoritative statements on general international law. The advisory opinion, issued by the ITLOS with respect to the Case No. 17, partly motivated many States to adopt or amend their relevant national laws.15For instance, Tonga enacted the Seabed Minerals Act in 2014; Fiji adopted the International Seabed Mineral Management Decree in 2013; Cook Islands passed the Seabed Minerals Act in 2009; the Czech Republic formulated the Prospecting, Exploration for and Exploitation of Mineral Resources from the Seabed beyond Limits of National Jurisdiction (Act No. 1582000 of 18 May 2000) in 2000; UK revised its Deep Sea Mining Act in 2014; and the Germany amended the Seabed Mining Act of 6 June 1995 in 2010.

III. The Background Against Which China Enacted the Deep Seabed Law

On 5 March 1991, China Ocean Mineral Resources Research and Development Association (COMRA) was accorded an exploration area for polymetallic nodules covering 150,000 km2in the Northeastern Pacific Ocean. On 5 March 1999,China relinquished half of this exploration area to the Authority. Then on 22 May 2001, COMRA signed a contract for exploration for polymetallic nodules with the Authority. Under the contract, China has the exclusive right to explore and the preferential right to exploit polymetallic nodules over 75,000 km2of the seabed. On19 July 2011, the Seabed Council, at its 17th session, approved the plan of work for exploration for polymetallic sulphides submitted by COMRA. On 18 November of the same year, COMRA concluded a contract for exploration for polymetallic sulphides with the Authority in Beijing. Under the contract, China enjoys the exclusive right to explore and the preferential right to exploit polymetallic sulphides over 10,000 km2of the seabed located in the Southwestern Indian Ocean.

On 19 July 2013, the Seabed Council, at its 18th session, approved the plan of work for exploration for cobalt-rich crusts submitted by COMRA. On 29 April 2014, COMRA entered into a contract for exploration for cobalt-rich crusts with the Authority in Beijing. Under the contract, China has the exclusive right to explore and the preferential right to exploit cobalt-rich crusts over 3,000 km2of the seabed located in the Northwestern Pacific Ocean.

On 20 July 2015, the Seabed Council, at its 21st session, approved the plan of work for exploration for polymetallic nodules submitted by China Minmetals Corporation. The region under application is located within the reserved areas in the Northeastern Pacific Ocean. To date, contractors sponsored by China have obtained four seabed mining areas.

Activities in the Area face great difficulties and risks, inter alia, they may bring unpredictable impact to the deep sea environment. When any illegal operation of a contractor causes damage to the environment, the fact that its sponsoring State has or does not have any relevant domestic law in place would become a key factor to decide whether that sponsoring State is liable for the damage. Although China has enacted relevant laws and regulations, these laws and regulations,including the Mineral Resources Law of the People’s Republic of China, the Rules for the Implementation of the Mineral Resources Law of the People’s Republic of China, the Marine Environment Protection Law of the People’s Republic of China, the Administrative Regulations concerning the Prevention and Treatment of Pollution and Damage Caused by Marine Engineering Construction Projects to the Marine Environment, have a limited application scope: the waters under Chinese jurisdiction. Prior to the adoption of the Deep Seabed Law, China has no special law dealing with the exploration and exploitation of deep seabed resources.16At https://www.isa.org.jm/national-legislation-database, 1 April 2016.As the State sponsoring four contracts for exploration, China is obliged to take all the necessary and appropriate measures to ensure compliance with the UNCLOS and other instruments by the sponsored contractors when they carry out activities inthe Area. In this sense, formulating domestic law concerning the exploration and exploitation of oceanic resources, is not only a legal obligation that China should fulfill as a sponsoring State, but also an indispensible condition that China must satisfy if it intends to be exempt from liability for damage.

IV. The Main Contents of the Deep Seabed Law

The Deep Seabed Law contains 7 chapters and 29 articles. Chapter I (General Provisions) prescribes the legislative purpose and application scope of the law,as well as the principles that should be observed while conducting exploration and exploitation activities with respect to the resources in the deep seabed area. Chapters II~VI lay down a number of provisions concerning the following matters:the exploration and exploitation of resources; marine environmental protection;scientific and technological research and resources investigation; inspection and supervision; and legal liability. The last chapter (Supplementary Provisions)first defines the relevant terms, and then provides for the tax matters related to exploitation activities, as well as the time when the law shall come into force.

A. Application Scope

Geographically, the Deep Seabed Law applies to and regulate marine activities mainly within the Area. The Area has a special legal status. It is located beyond the waters under the jurisdiction of both China and other States, including their internal waters, territorial seas, exclusive economic zones and continental shelves. In terms of time, the contract for exploration for each mining area is effective for 15 years;and the time for commercial exploitation shall be specified in the contract for exploitation otherwise signed by China (Chinese enterprises) and the Authority.

B. Exploration and Exploitation

The regulations and controls, imposed by the Deep Seabed Law, over the exploration and exploitation of the resources in the Area, is an initiative China took to meet the basic requirements for States Parties as stipulated in the UNCLOS and the Implementation Agreement, as well as the regulations of the Authority and advisory opinions issued by the ITLOS. In order to ensure that the exploration and exploitation activities in the deep seabed would be carried out bythe contractors in an orderly, safe and reasonable manner, Chapter II of the Deep Seabed Law details the primary issues relating to exploration and exploitation:(a) Contractors shall, before applying to the Authority, file an application with the oceanic administration of the State Council, and submit the materials as required;(b) The oceanic administration of the State Council shall examine the materials submitted by the applicant, and issue a permit to the qualified contractor; (c) The contractor has exclusive rights to explore and exploit certain resources in the contract area; while exploring and exploiting the deep see resources, the contractor has the obligation to ensure the personal safety of the operation personnel, and protect the marine environment, as well as the cultural relics and the objects laying within the operation area, and also to abide by the laws and regulations of the People’s Republic of China on work safety and labor protection; (d) Issues relating to the transfer, alteration and termination of the contract for exploration and exploitation are specified; (e) Where an emergency occurs during the exploration and exploitation, the contractor should initiate the emergency response plan in accordance with this Chapter, and take the corresponding measures.17The Deep Seabed Law, Articles 7~11.

C. Environmental Protection

Activities relating to deep sea resources exploration and exploitation, if controlled improperly, may cause damage to the marine environment in the Area and other pertinent areas, especially the marine ecosystem. Chapter III of the Deep Seabed Law contains provisions dedicated to environmental protection, touching upon the topics like the use of the advanced technology available to protect marine environment, environmental impact assessment report, environmental monitoring plan, protection and preservation of marine environment and resources.18The Deep Seabed Law, Articles 12~14.

D. Scientific and Technological Research and Resources Investigation

Aiming to promote China’s deep sea scientific and technological research and raise its capability to explore and exploit deep sea resources, Chapter IV of the Deep Seabed Law, entitled “Scientific and Technological Research and Resources Investigation”, sets out some provisions dealing with deep sea scientificand technological research, as well as the building of resources exploration and exploitation capabilities: The State (China) supports deep sea scientific and technological research and the cultivation of professional talents, as well as the construction of a public platform for deep sea scientific and technological research,and also encourages entities and individuals to conduct activities to popularize deep sea science; this chapter also highlights the submission and sharing of materials obtained from the exploration and exploitation of deep seabed resources and resources investigation.19The Deep Seabed Law, Articles 15~18.

E. Supervision, Inspection and Legal Liability

The Deep Seabed Law has devised two chapters, entitled “Supervision and Inspection” and “Legal Liability”. The Chapter “Supervision and Inspection”prescribes the subject of supervision and the scope of supervision and inspection,and establishes a contractor reporting system. In order to ensure the effective implementation of the multiple regimes under the Deep Seabed Law, and further enhance effective control on the activities in the Area, the Chapter “Legal Liability”specifies the legal liability for any act which causes damage to the marine environment, or to the cultural relics or the objects laying within the operation area,as well as the legal liability for other violations.20The Deep Seabed Law, Articles 23~26.

The UNCLOS and the Implementation Agreement, as well as the regulations of the Authority and advisory opinions issued by the ITLOS, all pay high attention to marine environment protection. Following this spirit, the Deep Seabed Law specially designs a chapter to regulate acts associated with marine environment protection. This law encourages marine scientific research and resources investigation, and highlights the gathering and sharing of materials, as well as the protection of underwater cultural relics. Such provisions fully indicate that this law is consistent with, both the contents and the requirements, of the UNCLOS and the Implementation Agreement, as well as the regulations issued by the Authority. The Deep Seabed Law basically covers the provisions concerning “direct obligations”as stipulated in the advisory opinions above. It also satisfies, to some extent, the “obligation of ensuring compliance” through some compulsory measures, such as arranging supervision and imposing legal liability.

V. The Significances and Features of the Deep Seabed Law

The Deep Seabed Law is the first domestic law involving foreign interests that China enacted to regulate activities in the Area carried out by citizens,juridical persons or other organizations. Based on the basic principle of the Area and its resources being the common heritage of mankind, the law lays down some provisions regarding international cooperation, peaceful exploitation and human rights protection, which meet the basic requirements under the Charter of the United Nations. With respect to the application scope, the Deep Seabed Law has referred to many relevant international laws and regulations, including the UNCLOS, the Implementation Agreement, and the regulations issued by the Authority. For example, under the Deep Seabed Law, “deep seabed areas” means “the seabed and ocean floor and subsoil thereof, beyond the jurisdiction of the People’s Republic of China and other States.” This definition is identical to the one for the term “Area” under UNCLOS Part XI, which provides that the Area refers to “the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction”.

The Deep Seabed Law fully presents the link between China’s system of the law of the sea with the relevant international rules, as well as the incorporation of the latter into the former. When designing the associated regimes, this law paid due regard to relationship among the Chinese administrators (such as the Chinese government and the oceanic administration of the State Council), subject of deep sea activities (Chinese citizens, juridical persons or other organizations) and the Authority. The legal relationship among the three mentioned above changes in different stages, including the stages of deep sea resources investigation,exploration and exploitation: in the investigation and research stage, the subject of deep sea activities is free from government intervention; when an application for mining areas is filed with the Authority after the investigation stage, a contract for exploration would be signed between the applicant and the Authority, and the State should act as the sponsoring State; during the exploitation stage, the relationship of rights and obligations between the three parties is similar to the one in the second stage. Therefore, the Chinese government is not entitled to directly approve the application for exploration and exploitation for the resources of the Area submitted by Chinese enterprises. Instead, the subject conducting exploration and exploitation activities, shall first be sponsored by the State, and then conclude a contract for exploration and exploitation with the Authority. Such activities shall be carriedout in accordance with the contract and Chinese laws. This kind of management is new to the competent authorities of China, who need to fully consider the relevant international rules when understanding the limits of their functions and powers and the pertinent procedures.

The legislative work concerning the Deep Seabed Law was completed under the institutional framework established by the UNCLOS and other relevant documents of international law. This law fully reflects the wish of the international community to protect the deep sea environment and to share the benefits arising from the development of deep sea technology and the exploitation of deep sea resources, which could be seen from its legislative purpose, basic principles and concrete regimes. It also shows the commitment and efforts that China, a responsible great power, made to maintain the international seabed order, to promote the development of international deep sea technology, and peacefully exploit deep sea resources.

Annex:Applications for Deep Seabed Mining Areas and the Status of Approval

6 Clarion-Clipperton Fracture Zone 7 Government of India Institut Français de Recherche pour l’Exploitation de la Mer June 20, 2001 - June 19,2016 France March 25,2002 - March 24, 2017 -Indian Ocean 8 Federal Institute for Geosciences and Natural Resources of Germany July 19, 2006 - July 18,2021 Germany Clarion-Clipperton Fracture Zone 9 Nauru Ocean Resources Inc. July 22, 2011 - July 21,2026 Nauru Clarion-Clipperton Fracture Zone (Reserved Area)10 Tonga Offshore Mining Limited January 11, 2012 -January 10,2027 Tonga Clarion-Clipperton Fracture Zone (Reserved Area)Clarion-Clipperton Fracture Zone (Reserved Area)12 UK Seabed Resources Ltd. 11 Marawa Research and Exploration Ltd. January 19, 2015 -January 18,2030 Kiribati February 8, 2013 -February 7,2028 UK Clarion-Clipperton Fracture Zone 13 G-TEC Sea Mineral Resources NV January 14, 2013 -January 13,2028 Belgium Clarion-Clipperton Fracture Zone 14 Ocean Mineral Singapore Pte Ltd. Clarion-Clipperton Fracture Zone (Reserved Area)15 UK Seabed Resources Ltd January 22, 2015 -January 21,2030 Singapore Clarion-Clipperton Fracture Zone 16 March 29,2016 - March 28, 2021 UK Cook Islands Investment Corporation To be concluded Cook Islands Clarion-Clipperton Fracture Zone

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Source: http://www.isa.oarg.jm/deep-seabed-minerals-conrtractors?page=2

Translator: XIE Hongyue

© THE AUTHOR AND CHINA OCEANS LAW REVIEW

* JIA Yu, SJD, research fellow with China Institute for Marine Affairs, State Oceanic Administration. Her main research interests include international law and the law of the sea. Email: jiayu@cima.gov.cn.