- 期刊
Breakthrough or Slowdown? The International Legal Development of the "Two-Year Rule" in the International Seabed Area
摘要
In June 2021, Nauru informed the International Seabed Authority (ISA) of its intention to apply for a plan of work for exploitation, requesting the Council to finalize the Regulations on exploitation of mineral resources in the Area (hereinafter "Exploitation Regulations") within two years. However, the scheduled issuance of the Exploitation Regulations has not yet occurred. This means that, in the absence of the adoption of these regulations, contractors may legally apply for exploitation. The emergence of the "Two-Year Rule" is closely tied to the decision-making mechanism of ISA and the legislative practices of the United Nations Convention on the Law of the Sea (UNCLOS). The Two-Year Rule serves a dual purpose of "breaking the deadlock" and "providing a buffer". "Breaking the deadlock" is aimed at promoting the Council to promptly bridge differences and adopt an evolutionary approach to address key issues in the regulations, and if necessary, to seek advisory opinions from the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea. "Providing a buffer" signifies a shift in the Council’s authority. At this stage, it is crucial to clarify the grounds for deferral of consideration by the Council and the effect of provisional approval, as well as to define the functional boundaries between the Council and the Legal and Technical Commission. Among the above two, the latter calls for the Council to amend the established working methods within the framework of UNCLOS to address possible ad hoc applications. It is essential for the Council to promptly break the deadlock and formulate the Exploitation Regulations as the appropriate response to discussions surrounding the Two-Year Rule.