The International Seabed Authority and the Push for Exploitation of Deep Seabed Minerals: Does the Doctrine of Legitimate Expectations Apply?
Pecoraro A. Lily H. Singh P.
2024Brill Nijhoff
Journal of World Investment and Trade
2024#25Issue 5-6698 - 741 pp.
The International Seabed Authority (or ISA) is nearing a world-first decision: whether to approve, on behalf of humankind, potentially in the absence of regulations, an application for exploitation rights over deep sea minerals. We assess whether an operator, who invested in exploration activities but whose application to mine was refused by the ISA, may successfully take legal action against the ISA based on their ‘legitimate expectations’ to be granted exploitation rights. We find significant obstacles for such a claim. Firstly, the ISA has with contractors a legal relationship that differs from that between sovereign states and foreign investors. Furthermore, exploration contractors assumed the risk of carrying exploration despite knowing that, due to its complex institutional structures, and need to adapt to evolving international norms and new scientific information, the ISA could ultimately decide to proceed in a different direction. Finally, there are sizeable procedural challenges for any prospective claimant against the ISA relying on ‘legitimate expectations’, both in accessing the relevant forum and in identifying an enforceable remedy.
common heritage of humankind , deep seabed mining , International Seabed Authority , legitimate expectations , non-state actor dispute resolution , United Nations Conventions on the Law of the Sea
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School of Law, Maqsut Narikbayev University, Astana, Kazakhstan
London, United Kingdom
Research Institute for Sustainability, Potsdam, Germany
School of Law
London
Research Institute for Sustainability
10 лет помогаем публиковать статьи Международный издатель
Книга Публикация научной статьи Волощук 2026 Book Publication of a scientific article 2026