Review of National Legislations Applicable to Seabed Mineral Resources Exploitation

Abstract

There has been increased interest for seabed mining activities within the national jurisdictions of coastal states. Interest in exploration and exploitation activities has largely been concentrated in the exclusive economic zones of five states namely: New Zealand, Australia, Namibia, Mexico and Papua New Guinea. The approach, policy positions or decisions adopted by these countries in relation to seabed mining within their jurisdictions has generally been cautious, with due regard to the precautionary principle. These have ranged from permanent bans, moratoria, strategic environmental assessments and reviews by environmental agencies. Through a comparative legal analysis of these cases, it is possible to distil a structure for decision-making on seabed mining that can be used by coastal States.