9.1 Issue of Deep-Seabed Mining

For many years, following the adoption of the Law of the Sea Convention in 1982, the provisions of Part XI dealing with deep-seabed mining, were viewed as an obstacle to the universal acceptance of and adherence to the Convention.

Objections to the Convention's provisions dealt mainly with the detailed procedures for production authorisation from the deep seabed, financial terms of contracts, decision-making in the Council of the Seabed Authority; and mandatory transfer of technology.

To overcome these objections, the United Nations Secretary General undertook informal consultations with all interested parties, including India, for nearly four years. As a result, the General assembly adopted on 28 July 1994 the Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. The Agreement, while re-affirming that the International Seabed Area (the Area) and its resources are the common heritage of mankind, liberalises implementation of the provisions of Part XI without substantively amending them to ensure participation by developed countries. The Agreement provides for integration of the pioneer regime in Resolution II with the Convention on the basis of decisions of the Preparatory Commission for the International Seabed Authority and for the International Tribunal for the Law of the Sea.

The Agreement, in essence, removes the obstacles that had stood in the way of universal acceptance by substitutng general provisions of the detailed procedures contained in the Convention and by leaving it to the Authority to determine at a future date the exact nature of the rules it will adopt with respect to the authorisation of deep seabed mining operations. The Agreement also removes the obligation for mandatory transfer of technology and ensures the representation of certain countries, or groups of countries, in the Council, while giving those countries certain powers over decision-making. India has voted in favour of the Agreement in the General Assembly and signed the Agreement on 29 July 1994.