The Area, and the Parallel System of Mining

In one line

The parallel system lets private and State miners work the deep seabed on condition that each of them hands half of every good site to an international body that mines for everybody.

In the wording a student can write in an exam: activities in the Area are organised, carried out and controlled by the International Seabed Authority on behalf of mankind as a whole. Article 153 establishes the parallel system: activities are carried out by the Enterprise, which is the Authority's own mining arm, and in association with the Authority by States Parties, State enterprises or natural or juridical persons of their nationality when sponsored by them. Annex III article 8 supplies the banking mechanism by which every applicant must submit an area large enough for two mining operations, of which the Authority reserves one half for itself.

The Authority

Article 156 establishes the International Seabed Authority, and article 157 provides that it is the organisation through which States Parties organise and control activities in the Area, particularly with a view to administering its resources. Its seat is in Jamaica. All States Parties to the Convention are members.

Its organs, in outline, and an examiner asks for them by name.

The Assembly, articles 159 and 160: all members, one vote each, the supreme organ, which establishes general policies and, under article 160(2)(f)(i), considers and approves on the recommendation of the Council the rules on the equitable sharing of financial and other economic benefits derived from activities in the Area.

The Council, articles 161 to 165: thirty-six members elected by the Assembly on a formula balancing consumers, investors, exporters and developing States, and the executive organ, which supervises and coordinates implementation, approves plans of work, and exercises control over activities. Its subsidiary bodies are the Legal and Technical Commission and the Finance Committee.

The Secretariat, articles 166 to 169, headed by a Secretary-General elected by the Assembly.

The Enterprise, article 170 and Annex IV: the organ of the Authority which carries out activities in the Area directly, as well as the transporting, processing and marketing of minerals recovered. It is the Authority's own miner, and it is the reason the system is called parallel.

The parallel system: article 153

Article 153(1). Activities in the Area shall be organised, carried out and controlled by the Authority on behalf of mankind as a whole, in accordance with that article and the other provisions of Part XI, the relevant Annexes, and the rules, regulations and procedures of the Authority.

Article 153(2). Activities in the Area shall be carried out as prescribed in paragraph 3:

(a) by the Enterprise, and

(b) 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 meeting the requirements of Part XI and Annex III.