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Transparency in the field of deep sea mining: filtering the murky waters
Willaert, K. (2022). Transparency in the field of deep sea mining: filtering the murky waters. Mar. Policy 135: 104840. https://dx.doi.org/10.1016/j.marpol.2021.104840
In: Marine Policy. Elsevier: UK. ISSN 0308-597X; e-ISSN 1872-9460, more
Peer reviewed article  

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Keyword
    Marine/Coastal
Author keywords
    law of the sea; the Area; International Seabed Authority; deep sea mining; transparency

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Abstract
    Taking into account the status of the Area and its mineral resources as the common heritage of mankind, transparency in the governance of the deep seabed should be regarded as a priority. Indeed, since everyone can essentially be considered an interested party, the general public should be provided with sufficient information on the activities conducted in the Area and the entities involved. However, despite the efforts being undertaken to promote access to relevant data and information, several issues remain unaddressed. Public information on corporate structures and partnerships of applicants and contractors, underlying agreements with sponsoring states, ISA contracts and annual reports – enabling stakeholders to scrutinize deep sea mining operations in the Area – is relatively scarce, facilitating creative solutions to circumvent the applicable rules. While identifying the various legal issues concerning transparency in the field of deep sea mining, this article argues that enhanced disclosure of environmental data and information alone does not suffice, and encourages the International Seabed Authority to step up its efforts in order to eradicate murky practices in the deep sea mining industry.

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