Author
Ms Li Xintong
Organisation/Institution
China University of Political Science and Law (CUPL)
Country
CHINA
Panel
International Law
Title
Due diligence of Draft Regulations on Exploitation of Mineral Resources in the Area
Abstract
Since the establishment of the latest version of Draft Regulations on Exploitation of Mineral Resources in the Area in 2019, whether to incorporate the contractor’s or International Seabed Authority’s (ISA) due diligence into the article of resonable regard has sparked controversy among all the stakeholders in the Assembly. Most countries rejected this incorporation, while fewcountries such as Australia and Germany supported it. The application of “duty diligence” in the law of the sea is basically determined through International Tribunal for the Law of the Sea (ITLOS) consultation cases including Responsibilities and obligations of States with respect to activities in the Area. To be detailed, all measures should be taken, best efforts should be made to carry out legislative and law enforcement activities, and the precautionary method should be adopted, as well as consultation, notification and other means, otherwise the liability for compensation will be borne. However, the incorporation of this obligation is not in accordance with the 147 provisions of United Nations Convention on the Law of the Sea (UNCLOS), which adds a heavier pressure to Contractors and ISA. Besides, considering the sufficient protection of cable activities, “duty diligence” turned to be unnecessary. Therefore, the innovative addition of this obligation seems unfeasible.
Biography
I am currently studying in China University of Political Science and Law as a PhD candidate, and my research mainly focuses on international law of the sea and dispute settlement in the law of the sea. I am the author of the "Analysis of the Preliminary Objection Judgment in the Case of Iran v. United States for Violation of the 1955 Treaty of Amity, Economic Relations and Consular Rights", which is included in the monograph "Analysis of the Latest Cases of Public International Law (2021-2022)" (which has been approved as an undergraduate textbook of China Foreign Affairs University). As the first author, I wrote "New Developments in the Judicial Work of the International Court of Justice in 2023” published in the Chinese Yearbook of International Law, which analyzes the existing judgments, preliminary objections and interim measures of the International Court of Justice in 2023, mainly including the judgment in the Certain Iranian Assets case, the preliminary objection judgment of the arbitral award of October 3, 1899, and the delimitation of the continental shelf between Nicaragua and Colombia beyond 200 nautical miles off the coast of Nicaragua.
