L’autorité internationale des fonds marins, l’environnement et le juge

Abstract

The law of the sea convention entered in force in 1994. The XIth part has been modified concerning the international seabed regime, but the International seabed Authority has been created and has produced numerous bills about mineral resources management. The Authority delivers the exploration or exploitation authorizations and is in charge of their control. The Authority is also in charge of the environmental protection of the zone, and has to prevent damages to flora or fauna. This possibility enlarges the competences of the Authority. As it have the legal personality, can it be possible for it to represent the international zone in justice ? Since the advice of the International Tribunal of the law of the sea dated 2011, we know that States are responsible of the acts of their citizens in the international zone. The international Authority is not only in charge of an activity but also have to assume its responsibility. That’s why States could design it as the trustee for the Common Heritage to the benefit of the Mankind and by the way enter in justice if this Common Heritage is in danger. Or a future World Environmental Organisation would be in charge of the representation of the world’s environment. In any case, the juge must have the possibility to protect environment, and for that he must have the possibility to receive claims.

Keywords

• sea
• law
• representation
• international Authority
• international zone
• Common Heritage