ACDI: Anuario Colombiano de Derecho Internacional (Dec 2012)
The Advisory Opinion of the International Tribunal for the Law of the Sea: Matters related to the determination of effective link between the States and the legal persons they sponsor to carry out activities in the Area
Abstract
Notwithstanding the existence of a conventional instrument in the matter, the law of the sea in general and with regard to the exploitation of minerals in the so-called Area, is still in a phase of implementation and precise definition of the rights and obligations of the States. One example that has become apparent is with respect to the obligations of States that sponsor individuals to lead the exploration and exploitation of the Area. This issue was submitted in 2010, by the International Seabed Authority to the International Tribunal for the Law of the Sea so it could be clarified. The advisory opinion of the Tribunal advanced conclusions particularly relevant for the determination of a nationality link between the legal persons and the States that sponsor them. This matter, which plays an essential role for achieving an effective protection of the marine environment within the sponsorship mechanisms for exploration and exploitation of the resources of the Area, also has some relevant consequences for the activities in reserved areas.
