Canadian Experience In Interpreting The "Law Of The Sea" With Reference To The Development Of Marine Mineral Resources

The United Nations Convention on the Law of the Sea (UNCLOS) entered into force, for those nations who had ratified it, on November 16, 1994. The Convention deals with nearly every aspect of ocean affairs, including marine scientific research, fishing zones, freedom of the high seas, protection of the marine environment and deep seabed mining. Article 76 of the Convention defines edge of the continental shelf in a way that many earth scientists find bizarre. Out to this limit, a coastal state has sovereignty over the seabed and sub-seafloor resources. Beyond that limit, the key principle of UNCLOS, that "the resources of the deep seabed represent the common heritage of mankind and should be developed to benefit all nations" is invoked. Establishing that limit and managing development in the different areas of jurisdiction is no small task. Canada's continental shelf as defined by UNCLOS covers an area approximately equal to half the area of the Canadian land mass. Interpretation and application of the convention is therefore highly significant for Canada. For example, the sedimentary basin in which the offshore Hibernia oil field is found, extends beyond the 200 mile limit but lies predominantly within the limits of the (UNCLOS) continental shelf. Responsibility for development of inshore placer deposits rests firmly with the coastal state. However, development of deep sea mining, in which the international community plays a management role under UNCLOS, has raised many concerns. Of particular interest to Canada will be the application of the provisions of the convention to interest in the polymetallic sulfides sampled on the mid-ocean ridges such as the Juan da Fuca Ridge. A further complicating factor for Canada is management of fishing stocks. Canada has sought to resolve this "problem" through multilateral negotiations under the UN. Under its "Oceans Act," currently being debated by Parliament, Canada intends to become a world leader in oceans and marine resource management. Similar activity in most maritime nations is setting the stage for a revolution in the way in which use of the world's oceans is managed. Much of this revolution will be guided by UNCLOS. Coastal states that have ratified the convention have ten years in which to define the limits of their continental shelves the clock is already ticking for them! We have yet to see how their actions will guide, or be guided by, those who have not yet ratified. We also have yet to see how national legislation and aspirations will mesh with international conventions that were drawn up in a previous era of environmental standards. This is a time in which many questions have been raised and few firm answers received. However, we must ensure that everyone is aware of what is happening, with what potential consequences, in order that rational decisions can be made. Canada has taken a few small steps that it is happy to share with the world community.