219 



margin (the point where the continental shelf tapers off to touch the bottom or' 

 abyssal floor), the coastal state would have primary jurisdiction, acting as a 

 trustee for the benefit of all nations. As a trustee, the coastal state would not 

 own the resources, and it would be required to give a portion of its revenues 

 (50-66%) to the international authority. In the trusteeship zone, the coastal 

 state would issue licenses to corporations for mineral exploration or exploitation, 

 and its licensing, regulatory authority would include jurisdiction over environ- 

 mental matters. 



The "international seabed area" beyond the continental margin would be gov- 

 erned by a newly created international organization — the International Seabed 

 Resource Authority (ISRA). It would have jwwer to regulate mineral develop- 

 ment in that area. Further, if the trustee failed to take environmental measures 

 in accordance with tlie convention, the ISRA may request compliance, and, on 

 refusal, commence legal proceedings before the ISRA's Tribunal. 



Tiie institutional structure of the ISRA suggests a very large international 

 agency, patterned in some respects after the structure of the United Nations. The 

 ISRA will have three principal organs: an Assembly, Council, and Tribunal. 

 The Assembly will consist of one representative from each state which is a party 

 to the treaty, who will have one vote. The Council will be composed of 24 

 nations, balanced between the "six most industrialized" and 18 other contracting 

 states, "at least 12 of which shall be developing countries." The Assembly will 

 exercise legislative powers to approve budgets for the ISRA, take action on 

 matters referred by the Council, and consider any matter within the conven- 

 tion and make recommendations to the Council and member states. The Council 

 will ai)point various Commissions, an administrative chief, the Secretary-Gen- 

 eral, issue "emergency orders" to prevent "serious harm to the marine environ- 

 ment" from seabed exploration or exploitation activities, and coordinate the 

 ISRA's environmental activities with the U.N. and other international orga- 

 nizations "concerned with the marine environment." 



The administrative tasks will be accomplished by a staff consisting of three 

 commissir)ns : A Seabed lioundary Review Commission, the Rules and Recom- 

 mended Practices Commission, and an Operations Commission. None of these 

 committees, as to the competence of appointed members, are required to appoint 

 persons with expertise in oceanography, marine biology, or e<'ological matters. 

 Finally, the ISRA will hnve a Tribunal to decide all disputes and advise on 

 all questions concerning the interpretation and application of the convention. 



The exploitation of .seabed minerals presents serious potential environmental 

 problems. Although development of seabed minerals other than oil has not com- 

 menced, there is reason for concern about the impact of such development of 

 the marine environment. In general, pollution from seabed mineral exploitation 

 will increase the existing levels of oceanic pollution. Oceanographers and U.N. 

 reports warn that without such development marine pollution seriously threatens 

 the continued viability of life within the oceans. Marine mineral development, 

 and any regime regnlating it. must be analyzed in view of the fact that the 

 oceans' environmental quality is presently severely deteriorating. 



Commercial dredging operations have not begun, but past experiences in 

 coastal waters suggest possible substantial environmental disrui)tions. A cau- 

 tious en^^ronmental approach to deejt-sea mining and dredging is warranted in 

 view of the devastating effect of dredging on aquatic life in the Gulf of Mexico 

 which destroyed 20'^r of shellfish producing waters. Recent U.N. reports warn 

 of a nnmber of harmful effects of seabed mineral exploitation. At the dredging 

 site, benthic or bottom dwelling communities may be destroyed. Turbid waters 

 and siltation from dredging could injure downstream communities or interfere 

 with plankton profluction on or near the ocean surface. Finally, recent studies 

 by U.S. oceanographic centers warn that <\'hile many pni-ts of the ocean may 

 be biologically barren, a cautious approach is justified due to man's incomplete 

 knowledge of the oceans and marine life. 



The U.S. draft convention, and the seabed proposals of other nations sub- 

 mitted to the U.N.. should contain adequate provisions to protect and preserve 

 the marine environment from further degradation. However, they do not con- 

 tain such provisions. The proposed seabed conventions alsf) raise, without re- 

 solving, a conflict of interest inherent in creating an international institution 

 to both promote mineral development and protect the marine environment. 



The ISRA's jurisdiction of pollution only extends to pollution "arising from 

 exploration and exploitation activities, such as drilling, dredging, excavation 

 of waste, construction and operation of installations and pipelines and other 

 devices." (Article 23) However even as to this limited environmental jurisdic- 



