The law of the deep-sea mining within the framework of the common heritage of humankind and the protection of marine biodiversity

The title of this thesis is "The Law of the Deep-Sea Mining within the Framework of the Common Heritage of Humankind and the Protection of Marine Biodiversity". The principle of the common heritage of humankind is the core concept in the legal regime governing deep-sea mining activities conducted in areas beyond national jurisdiction. In this context, the legal regime of deep-sea mining includes not only the regulations concerning the conduct of such activities but also the protection of the environment and biodiversity. The 1982 "United Nations Convention on the Law of the Sea" (UNCLOS) and the 1994 "Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982" constitute the primary international legal instruments regulate deep-sea mining activities for the parties of these convention and agreement. The thesis first explores the geographical and legal dimensions of the concept of the deep seabed, the emergence and content of the common heritage of humankind principle, and the legal framework for deep-sea mining within the framework of international maritime law. It also analyzes the principle of the common heritage of humankind as a part of the customary international law. Subsequently, the thesis examines the related provisions of UNCLOS and the 1994 Implementation Agreement. Moreover, the possible legal framework is evaluated for the states that are not parties to these instruments. The final section of the thesis assesses the environmental impacts of deep-sea mining with particular focus on marine biodiversity and the international regulations. This section also evaluates the legal basis of calls for moratorium by various states regarding deep-sea mining activities.