Book page 58-59  

THE SEA-BED AUTHORITY
Section: Part XI, Articles 133-191

 

The Convention provides for the establishment of the International Sea-Bed Authority[1] at the time the Convention goes into effect. As this date was not known at the time of the conclusion of the Conference, it was decided to establish a Preparatory Commission to make the necessary arrangements for the commencement of the functions of the Authority.[2] The Commission, which was established in December 1982, is to remain in existence until the conclusion of the first session of the Sea-Bed Authority Assembly.[3]

The Authority thus established has international legal personality and such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.[4] The Authority and certain persons connected with it enjoy diplomatic status in the performance of their duties.[5] Members of the Authority are those states and entities which are “states parties.”[6]  The Authority is based on the principle of the sovereign equality of all its members[7] and is the organization through which the States Parties organize and control activities in the Area with the view of administering the resources[8] for the benefit of mankind as a whole, on whose behalf the Authority is to act.[9]       

[1] Art. 156, Para . 1,    [2] Final Act, Annex I, Resolution I,   [3] Ibid (Para. 13),   [4] Art. 176,   [5] Art. 177-183,   [6] Art.156, Para . 2; Art. 1, Para . 2; 306-307,    [7] Art. 157, Para.3,

[8] Art. 157, Para.1 [9] Art. 137, Para . 2; Art. 153, Para . 1,   [10] Art. 171, Subpara. (a); Art. 160, Subpara. 2(e),   [11] Art. 171(b); Annex III, Art. 13,   [12] Art. 171(c); Annex IV, Art.10,   [13] Art. 82,   [14] Art. 171, Subpara. (d-f),   [15] Art. Art. 174, Para . 4,

[16] Art. 158, Para . 1 [17] Art. 158, Para . 2; Art.153, Para . 2; Art. 170, Para . 1,   [18] Art. 158, Para . 3; Art. 160, Para . 2(d),   [19] Annex III, Art. 3; Art. 6,    [20] Annex III, Art. 22,  [21] Art. 168, Para . 3,   [22] Art. 187, Subpara. (e),   [23] Art. 168, Para . 2,   [24] Art. 168, Para . 3

The long-term goal is for the Sea-Bed Authority to become self-supporting. Until that time, the Authority is to receive contributions from its members, the amount of which is to be fixed in accordance with the regular budget of the United Nations.[10] Further funds necessary for operation are to come from activities in the Area, i.e., from royalties paid by operators in the Area,[11] from payments by the Enterprise,[12] or from coastal states for exploration of the outer shelf.[13] The Authority may also raise money by other means, particularly in the initial phase.[14] It also has the right to borrow funds, for which the States Parties are not liable.[15]

The Convention establishes four organs to enable the Authority to fulfil its tasks, three of which are the Assembly, the Council, and the Secretariat.[16] The fourth organ established by the Convention is the Enterprise, through which the Authority carries out activities in the Area directly in accordance with a formal written plan of work as well as transporting, processing, and marketing minerals recovered from the Area.[17] Further subsidiary organs may be established by the Authority as necessary.[18] Except for the Enterprise (which enjoys a special status), these organs act through the Authority. The Authority is the body which concludes contracts with mining operators[19] and which is liable for damage caused by wrongful acts or omissions by the organization[20] or its staff.[21] While actions against the Authority are to be submitted to the Sea-Bed Disputes Chamber[22] certain violations by staff members[23] are considered by a special tribunal of the Authority.[24]

[1] Art. 156, Para . 1,   [2] Final Act, Annex I, Resolution I,   [3] Ibid (Para. 13),   [4] Art. 176,   [5] Art. 177-183,   [6] Art.156, Para . 2; Art. 1, Para . 2; 306-307,   [7] Art. 157, Para.3,   [8] Art. 157, Para.1,   [9] Art. 137, Para . 2; Art. 153, Para . 1,   [10] Art. 171, Subpara. (a); Art. 160, Subpara. 2(e),   [11] Art. 171(b); Annex III, Art. 13,   [12] Art. 171(c); Annex IV, Art.10,   [13] Art. 82,   [14] Art. 171, Subpara. (d-f),   [15] Art. Art. 174, Para . 4,   [16] Art. 158, Para . 1,   [17] Art. 158, Para . 2; Art.153, Para . 2; Art. 170, Para . 1,   [18] Art. 158, Para . 3; Art. 160, Para . 2(d),   [19] Annex III, Art. 3; Art. 6,   [20] Annex III, Art. 22,  [21] Art. 168, Para . 3,   [22] Art. 187, Subpara. (e),   [23] Art. 168, Para . 2,   [24] Art. 168, Para . 3,   

Further Readings :  - Developing States. (Commentary),    - Measures to Close the Economic Gap. (Commentary)

 

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