Sponsoring States in the Area: Obligations, liability and the role of developing States

Private entities can engage in mining activities in the Area provided inter alia that they are sponsored by a State Party to the United Nations Convention on the Law of the Sea (UNCLOS). Sponsorship is the medium through which the sponsoring State exercises control over the contractor, by requiring it to comply with the provisions of UNCLOS. In light of the particular requirement for sponsorship, a number of questions arose during discussions at the International Seabed Authority (ISA or the Authority) concerning the obligations of the sponsoring State and the extent of its liability for any failure to comply with the provisions of UNCLOS. These questions were put to the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea by the Council of the Authority in the form of a Request for an advisory opinion and replies were provided by the Chamber in its Advisory Opinion of 1 February 2011. This case, which was prompted by the applications submitted to the Authority by two companies sponsored by two Small Island Developing States (Nauru and Tonga), also triggered a debate concerning the participation of developing States in activities in the Area and whether preferential treatment should be accorded to sponsoring States that are developing States. This article deals with these matters.