Liability Issues for Deep Seabed Mining Series | Paper No. 5 — February 2019 - Responsibility and Liability for Damage Arising Out of

For discussion purposes, this paper will assume the claims for compensable damage consist The SDC of damage to “common heritage of mankind” 8 The centrality of the SDC as the primary forum (CHM) resources in the ABNJ; damage to the to decide disputes related to seabed mining is marine environment in the ABNJ; damage to borne out by the legislative history of Part XI14 living resources in the ABNJ;. [...] selected by a majority of the elected members The SDC has personal jurisdiction to of the International Tribunal for the Law of the adjudicate claims by the primary actors Sea [ITLOS]);10 an ad hoc chamber of the SDC involved in deep seabed mining, namely, (composed of three members of the SDC);11 a special states parties, the ISA, the Enterprise and the chamber of ITLOS (consisting of five member. [...] This or of the beneficiaries of the obligation breached.”113 underscores the need for careful consideration However, the ILC’s deliberations on the ASR suggest of the advantages and disadvantages of giving that members were aware of the possibility that NGOs or individuals access to the SDC for damage entities other than states may wish to invoke claims arising out of activities in the Area. [...] the national courts of the victims that have suffered damage or the national courts where Channel the Majority of the assets of the contractor are located, neither Claims to the SDC and Exclude of which may be the sponsoring state. [...] Such an international should be borne in mind that the UNCC benefited treaty may also take several years to negotiate and greatly from the involvement of the Security it is not clear that the relevant stakeholders have Council and the backing of the world community, the will or capacity to do so, given the present the fact that it did not have the difficult task of emphasis on the Exploitation Reg.