Identification of Qualification for Exploration and Development of International Seabed Areas—Interpretation and Application of the Effective Control Clause of the United Nations Convention on the Law of the Sea
The definition of"effective control"in the qualification clause of the exploration and development of the international seabed area in the United Nations Convention on the Law of the Sea(UNCLOS)is vague,and the International Seabed Authority upholds the idea of regulatory control interpretation,which leads to too loose development qualification standards and condoning the behavior of"backdoor development".The single regulatory control standard confuses the concept of nationality and effective control,and strengthens the dominant position of developed countries in the development of international seabed areas,which seriously violates the principle of the common heritage of mankind.The interpretation and application of the effective control clause should learn from the actual management and control ability of resources in international law and the experience of exerting influence on operation and management in domestic law,introduce economic control elements,and comprehensively apply the treaty interpretation method under the framework of UNCLOS.Referring to effective control in territorial sovereignty,the constitutive elements can be divided into subjective elements of exclusive willingness to exercise control and objective elements of the actual connection between regulatory control and economic control,and the actual connection is subject to substantive review position,with regulatory control as the principle as well as economic control as the exception.Among them,the economic control is gradually judged by the actual controller,the flow orientation of profit distribution,and the country where the members of the main management organization and personnel control organization of the applicant are located.China is in the exploratory stage of deep-sea legislation,and should make full use of legal interpretation tools to contribute Chinese wisdom to deep-sea governance issues.
international seabed areaUnited Nations Convention on the Law of the Seaeffective controlcorporate nationalitydeep-sea mining
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