The International Legal Regime Of Marine Minerals Exploration And Mining

The development of marine mining in the offshore areas adjacent to most of the insular and continental European States is limited by the complex and evolving nature of its legal regime on the basis of the relevant applicable international, European and domestic rules. As the development of marine mining requires investments in capital-intensive technologies, the bankable feasibility of marine mining projects is very much dependent on the legal security of mining rights, assets and operations in offshore areas. This is quite difficult to assess due to the constant accumulation of applicable and potentially conflicting international and domestic laws in these areas, in particular the coastal zone, the territorial sea, and the Exclusive Economic Zone (EEZ). The often conflicting interaction of international treaties, laws and regulations in offshore areas raises specific and major issues in terms of permitting processes, access rights, ownership rights over the mineral resources explored and mined, flag vs. coastal State jurisdiction over mining vessels and marine mining equipment, international environmental liabilities, and unitisation and multi-forum disputes. In addition, the determination of jurisdiction and the legal regime under which marine mining could take place is becoming even more complex with the development of EU Law and the recent revision of the International Law of the Sea, particularly the new extension regime of the EEZ and jurisdiction over the continental shelf.