Marine Resources: Conservation and Exploitation

In one line

MU set this as a short note in 2026, and the answer is that the Convention treats conservation and exploitation as two halves of one obligation, and the balance between them differs in every zone.

In exam wording: the conservation and exploitation of marine resources are governed together under the United Nations Convention on the Law of the Sea 1982: in the exclusive economic zone by articles 61 and 62, which require the coastal State to determine an allowable catch, to prevent over-exploitation, to aim at maximum sustainable yield and to promote optimum utilisation; on the high seas by articles 116 to 119; in the Area by articles 150 to 155 and by article 145; and for the sedentary resources of the continental shelf by articles 77 and 81.

The Area's exploitation provisions

Article 151: production policies. In its original form this article contained a detailed production limitation formula, calculated by reference to the growth in world nickel consumption, designed to protect land-based producers of the same minerals from a collapse in price. Paragraphs 1 to 7 and 9 of that article do not apply by virtue of section 6 of the Annex to the 1994 Agreement, and production policy is now to be based on sound commercial principles.

Paragraph 10 provided for a system of compensation or economic adjustment assistance for developing land-based producers suffering adverse effects, and that has been replaced by the economic assistance fund in section 7 of the same Annex.

Article 152: exercise of powers and functions by the Authority. The Authority shall avoid discrimination in the exercise of its powers and functions, including the granting of opportunities for activities in the Area. Nevertheless, special consideration for developing States, specifically provided for in Part XI, shall be permitted.

Article 153: system of exploration and exploitation.

Paragraph 1: activities in the Area shall be organised, carried out and controlled by the Authority on behalf of mankind as a whole.

Paragraph 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 which meets the requirements of Part XI and of Annex III.

That is the "parallel system": the Enterprise on one side, sponsored contractors on the other, and it was the central compromise of Part XI.

Paragraph 3: activities shall be carried out in accordance with a formal written plan of work drawn up in accordance with Annex III and approved by the Council after review by the Legal and Technical Commission. In the case of activities carried out as authorised by the Authority by the entities specified in paragraph 2(b), the plan of work shall be in the form of a contract.