The Legal Regime and the Role of the Enterprise as Sui Generis Organ of the International Seabed Authority
The Legal Regime and the Role of the Enterprise as Sui Generis Organ of the International Seabed Authority

Author(s): Laura Magdalena Trocan
Subject(s): Law, Constitution, Jurisprudence, Law on Economics, Maritime Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: International Seabed Authority; Enterprise; international seabed area; mineral resources; polymetallic nodules;
Summary/Abstract: The problems raised, over time, by the exploration and exploitation of the resources of the seas and oceans have brought in the forefront of the interests of the states, the need to establish precise regulations, as well as the creation of an adequate institutional framework, a fact materialized at the entry into force of the United Nations Convention on the Law of the Sea, which has the merit of regulating all maritime spaces and outlining the legal framework for the establishment of the International Seabed Authority, the only international organization through which the activities in the international seabed area - declared the common heritage of humanity, are organized and controlled in order to administer and manage its resources, for the benefit of all humanity. The Enterprise is the operational body of the Authority, through which, this unique international organization, has the opportunity to directly carry out activities of exploration, exploitation, transport and treatment of minerals extracted from the international seabed area, becoming, at the moment of operationalization, a true industrial and commercial public service on a global scale. In this context, this study wants to make a presentation (using scientific methods such as: analytical, historical, comparative method etc.) of the legal regime and the role of the Enterprise, as the main body of the Authority, in the light of the provisions of the United Nations Convention on Law of the Sea.

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