The Legal Regime of the Deep-Sea Floor

1968 ◽  
Vol 62 (3) ◽  
pp. 641-653 ◽  
Author(s):  
Richard Young

In the decade since the Convention on the Continental Shelf was framed at Geneva, the possibilities of reaching and using the mineral resources of the ocean have continued to open up at an unprecedented rate. Exploitation of oil and gas deposits in the continental shelves is now a commonplace, and such production has become an important part of the world’s normal supply. The technological frontier, pushed forward by the explosion of interest in the ocean sciences during the last few years, is now advancing into the deep sea beyond the limits of the geographical shelves, and the pace may be expected to accelerate in the next decade.

2003 ◽  
Vol 30 (3) ◽  
pp. 219-241 ◽  
Author(s):  
Adrian G. Glover ◽  
Craig R. Smith

The goal of this paper is to review current impacts of human activities on the deep-sea floor ecosystem, and to predict anthropogenic changes to this ecosystem by the year 2025. The deep-sea floor ecosystem is one of the largest on the planet, covering roughly 60% of the Earth's solid surface. Despite this vast size, our knowledge of the deep sea is poor relative to other marine ecosystems, and future human threats are difficult to predict. Low productivity, low physical energy, low biological rates, and the vastness of the soft-sediment deep sea create an unusual suite of conservation challenges relative to shallow water. The numerous, but widely spaced, island habitats of the deep ocean (for example seamounts, hydrothermal vents and submarine canyons) differ from typical deep-sea soft sediments in substrate type (hard) and levels of productivity (often high); these habitats will respond differently to anthropogenic impacts and climate change. The principal human threats to the deep sea are the disposal of wastes (structures, radioactive wastes, munitions and carbon dioxide), deep-sea fishing, oil and gas extraction, marine mineral extraction, and climate change. Current international regulations prohibit deep-sea dumping of structures, radioactive waste and munitions. Future disposal activities that could be significant by 2025 include deep-sea carbon-dioxide sequestration, sewage-sludge emplacement and dredge-spoil disposal. As fish stocks dwindle in the upper ocean, deep-sea fisheries are increasingly targeted. Most (perhaps all) of these deep-sea fisheries are not sustainable in the long term given current management practices; deep-sea fish are long-lived, slow growing and very slow to recruit in the face of sustained fishing pressure. Oil and gas exploitation has begun, and will continue, in deep water, creating significant localized impacts resulting mainly from accumulation of contaminated drill cuttings. Marine mineral extraction, in particular manganese nodule mining, represents one of the most significant conservation challenges in the deep sea. The vast spatial scales planned for nodule mining dwarf other potential direct human impacts. Nodule-mining disturbance will likely affect tens to hundreds of thousands of square kilometres with ecosystem recovery requiring many decades to millions of years (for nodule regrowth). Limited knowledge of the taxonomy, species structure, biogeography and basic natural history of deep-sea animals prevents accurate assessment of the risk of species extinctions from large-scale mining. While there are close linkages between benthic, pelagic and climatic processes, it is difficult to predict the impact of climate change on deep-sea benthic ecosystems; it is certain, however, that changes in primary production in surface waters will alter the standing stocks in the food-limited, deep-sea benthic. Long time-series studies from the abyssal North Pacific and North Atlantic suggest that even seemingly stable deep-sea ecosystems may exhibit change in key ecological parameters on decadal time scales. The causes of these decadal changes remain enigmatic. Compared to the rest of the planet, the bulk of the deep sea will probably remain relatively unimpacted by human activities and climate change in the year 2025. However, increased pressure on terrestrial resources will certainly lead to an expansion of direct human activities in the deep sea, and to direct and indirect environmental impacts. Because so little is known about this remote environment, the deep-sea ecosystem may well be substantially modified before its natural state is fully understood.


2017 ◽  
Vol 75 (1) ◽  
pp. 444-450 ◽  
Author(s):  
Joanna Mossop

AbstractStates have acknowledged that the new internationally legally binding instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction must take account of the interests of coastal states with continental shelves that extend beyond 200 nautical miles. This article argues that the ILBI should go beyond repeating the existing legal position as set out in international treaties and customary international law. In particular, the concept of sedentary species is unhelpful in the context of a legal regime governing the use of marine genetic resources. The article makes a number of suggestions for possible inclusions in the ILBI to clarify the relationship between the continental shelf regime and the regime for biodiversity beyond national jurisdiction.


Jurnal Hukum ◽  
1970 ◽  
Vol 25 (1) ◽  
pp. 516
Author(s):  
Munsharif Abdul Chalim

Continental shelf is a relatively new concept in international law of the sea. Full authority and exclusive rights over natural resources located in the continental shelf region and its ownership is on the coastal state, where the meaning of this natural wealth is a source of minerals and other lifeless on the seabed and subsoil. Through the establishment of the United Nations Convention on the Law of the Sea 1982, as well as enactment of the provisions of the New Law of the Sea, Indonesia is an archipelagic state which is seen as a unified whole between the islands and waters. We realized the sea was rich in minerals mining goods that is priceless natural resources, which is expected to be able to fulfill the needs of the world if mineral resources on land are not sufficient or run out completely. In Indonesia, mostly consisting of ocean territory, surely have the very wide continental shelf, where there is a variety of natural resources, especially oil and gas resources. Hence it needs regulation for the natural resources utilization in the region.Keywords :  Continental Shelf, Natural Resources, Seabed and Subsoil.


2020 ◽  
Vol 70 (1) ◽  
pp. 17-28
Author(s):  
Mazlan Madon ◽  

Activities by coastal States in relation to the exploration and exploitation of non-living natural resources (namely hydrocarbons and deep-sea minerals) on the continental shelf beyond 200 nautical miles (M) from their territorial sea baselines are reviewed. Geological conditions dictate such that hydrocarbons are likely to occur where there are thick accumulations of sediments (at least 2-3 km is needed for organic matter to generate significant amounts of hydrocarbons), whereas deep-sea minerals are found on or beneath the seabed of the deep oceans, which are generally “starved” of sediment. Thus, in general, sites for hydrocarbon exploration and for deep-sea mineral exploration are unlikely to overlap. On a ‘normal’ geological shelf with an average width of say ~60-100 km, hydrocarbon exploration is carried out generally within the 200 M limit of the Exclusive Economic Zone (EEZ) of the coastal State. Within the last decade, however, necessitated by depleting resources in the shallow waters of the shelf and slope, exploration has gradually moved from the geological shelf (water depth typically < 200 m) further out into deeper waters, and in some cases, beyond the 200 M limit. Thus far, only in a few places is oil and gas exploration being carried out on the continental shelf beyond 200 M. Examples include Australia, New Zealand, Norway, Argentina and Canada. Such activities mainly involve geological and geophysical investigations and assessment of the hydrocarbon potential, while some have resulted in commercial production. Besides the conventional hydrocarbons (oil and gas), continental margin sediments may also host significant accumulations of gas hydrates, which are regarded as a potentially important energy resource of the future. Along non-polar continental margins, gas hydrates are generally found beneath the continental slope and the continental rise, i.e. beyond the continental shelf proper, in water depths typically greater than 500 m but still mainly within 200 M of the territorial sea baselines. Where the continental margin is exceptionally wide, however, gas hydrates may occur in areas beyond the 200 M limit, on the extended continental shelf.


2020 ◽  
Author(s):  
Joanna Mossop

© International Council for the Exploration of the Sea 2017. All rights reserved. States have acknowledged that the new internationally legally binding instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction must take account of the interests of coastal states with continental shelves that extend beyond 200 nautical miles. This article argues that the ILBI should go beyond repeating the existing legal position as set out in international treaties and customary international law. In particular, the concept of sedentary species is unhelpful in the context of a legal regime governing the use of marine genetic resources. The article makes a number of suggestions for possible inclusions in the ILBI to clarify the relationship between the continental shelf regime and the regime for biodiversity beyond national jurisdiction.


2020 ◽  
Author(s):  
Joanna Mossop

© International Council for the Exploration of the Sea 2017. All rights reserved. States have acknowledged that the new internationally legally binding instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction must take account of the interests of coastal states with continental shelves that extend beyond 200 nautical miles. This article argues that the ILBI should go beyond repeating the existing legal position as set out in international treaties and customary international law. In particular, the concept of sedentary species is unhelpful in the context of a legal regime governing the use of marine genetic resources. The article makes a number of suggestions for possible inclusions in the ILBI to clarify the relationship between the continental shelf regime and the regime for biodiversity beyond national jurisdiction.


The number of protobranch species of the continental shelves of the world comprise between 10 and 15 % of the total number of bivalve species present. This is in contrast to the bivalve fauna of the deep sea which, distant from the lower continental slopes, is dominated by the protobranchs. The protobranchs may comprise more than 70% of the bivalve species in a sample and more than 95 % of the total number of bivalve specimens present. The Subclass Protobranchia has one of the longest recorded geological histories and its continuing success, particularly in the deep sea, is probably due to a suite of physiological characters that enable it to utilize a low and refractory food supply at considerable depths and pressures. Probably as a result of the lack of competition from bivalves of more recent origin as well as the long stability of their environment, the deep sea bivalves show a radiation of form and habit that is analogous to that shown by the more recently evolved lamellibranchs of the continental shelf. The study of the bivalve fauna of the deep sea helps in the understanding of the evolution and ecology of the Mollusca of late Cambrian and early Ordovician periods.


Author(s):  
T. Freudenthal ◽  
G. Wefer

Abstract. Sampling of the upper 50 to 200 m of the sea floor to address questions relating to marine mineral resources and gas hydrates, for geotechnical research in areas of planned offshore installations, to study slope stability, and to investigate past climate fluctuations, to name just a few examples, is becoming increasingly important both in shallow waters and in the deep sea. As a rule, the use of drilling ships for this kind of drilling is inefficient because before the first core can be taken a drill string has to be assembled extending from the ship to the sea floor. Furthermore, movement of the ship due to wave motion disturbs the drilling process and often results in poor core quality, especially in the upper layers of the sea floor. For these reasons, the MeBo drilling rig, which is lowered to the sea floor and operated remotely from the ship to drill up to 80 m into the sea floor, was developed at the MARUM Research Center for Marine Environmental Sciences at Bremen University. The complete system, comprising the drill rig, winch, control station, and the launch and recovery system, is transported in six containers and can be deployed worldwide from German and international research ships. It was the first remote-controlled deep sea drill rig that uses a wireline coring technique. Based on the experiences with the MeBo a rig is now being built that will be able to drill to a depth of 200 m.


2020 ◽  
Vol 3 (1) ◽  
pp. 26-38
Author(s):  
Yasin Nur A H A S ◽  
Liem Tony Dwi Soelistyo ◽  
Ika Shinta Utami Nur Agustin

Beautiful and challenging seabed charms and rapid developments in technology for deep sea exploration and exploitation have occurred during the negotiations of the United Nations Convention on the Law of the Sea 1982. The development of this technology can give us broader knowledge about wealth in the deep sea floor. Significantly known deposits on the seabed outside national jurisdiction and named the Area or "The Area" by UNCLOS, including phosphorus, aggregates, scale, sulfides, hydrates, oil, natural gas and many other substances undiscovered. In fact, due to changes in international market conditions and technical difficulties arising from the exploitation of polymetallic nodules, it is unlikely that these or other mineral resources will be commercially developed over the years. Other genetic resources related to certain marine minerals, which were discovered when UNCLOS was being negotiated, have generated great scientific and economic interest and could be the first resources of the Region to be exploited. UNCLOS has provided regulations and procedures to ensure effective protection of the protection and conservation of natural resources in the Area and prevention of damage to flora and fauna from harmful effects that may arise from activities in the Area. Also about how to cope better, scientifically, including the application of prevention criteria, threats and risks to vulnerable and threatened marine ecosystems and biodiversity in areas outside national jurisdiction. So this has led to the exploration of various potential approaches to their protection and management, using agreements and other relevant instruments based on general international law arrangements, particularly with UNCLOS 1982.Pesona dasar laut yang indah dan menantang serta perkembangan yang pesat dalam teknologi untuk eksplorasi dan eksploitasi laut dalam sudah terjadi selama perundingan Konvensi PBB tentang Hukum Laut atau UNCLOS (United Nations Convention on the Law of the Sea) 1982. Atas perkembangan teknologi ini dapat memberi kita pengetahuan yang lebih luas lagi tentang kekayaan di dasar laut dalam. Endapan yang diketahui secara signifikan di dasar laut yang berada di luar yurisdiksi nasional dan di namai dengan Kawasan atau  “The Area” oleh UNCLOS,  termasuk fosfor, agregat,  kerak, sulfida, hidrat, minyak, gas bumi dan masih banyak lagi zat-zat lainnya yang belum ditemukan. Sebenarnya, karena perubahan kondisi pasar internasional dan kesulitan teknis yang timbul sehubungan dengan eksploitasi nodul polimetalik, kecil kemungkinan sumber daya mineral ini atau lainnya akan dikembangkan secara komersial selama bertahun-tahun. Sumber daya genetik lainnya yang terkait dengan mineral laut tertentu, yang ditemukan ketika UNCLOS sedang dirundingkan, telah menimbulkan minat ilmiah dan ekonomi yang besar dan dapat menjadi sumber daya pertama dari Kawasan yang akan dieksploitasi. UNCLOS sudah memberikan peraturan dan prosedur untuk memastikan perlindungan yang efektif terhadap perlindungan dan konservasi sumber daya alam di Kawasan dan pencegahan terhadap kerusakan flora dan fauna dari efek berbahaya yang mungkin timbul dari kegiatan di Kawasan tersebut. Juga tentang bagaimana mengatasi secara lebih baik, secara ilmiah, termasuk penerapan kriteria pencegahan, ancaman dan risiko terhadap ekosistem laut yang rentan dan terancam serta keanekaragaman hayati di daerah di luar yurisdiksi nasional. Maka hal ini mendorong eksplorasi berbagai pendekatan-pendekatan yang potensial untuk perlindungan dan pengelolaannya, menggunakan perjanjian dan instrumen lain yang relevan berdasarkan pengaturan hukum  internasional umum, khususnya dengan UNCLOS 1982.


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