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The Legitimacy of the international Seabed Authority and the way it accepts the involvement of non-state actors in governing the Area

Abstract : In 2019, one-quarter of a century has passed since the establishment of the International Seabed Authority (ISA). Given its strong power over mining activities in the Area, it is necessary or, at least, highly desirable that the ISA is perceived as legitimate. Especially, because the ISA's activities during the past ten years have been very aggressive, it seems important to review its legitimacy by examining its practices. In particular, given the scientific uncertainty and possibly irrecoverable nature of the Area's marine environments after the certain activities, it seems important that the ISA decides transparently in light of these concerns, to accept the involvement of non-state actors (NSAs). By examining the practices, it is concluded that NSAs involved with the ISA's activities and have contributed to decision-making and the development of regulations. Although challenges remain, the ISA seems to be moving in an effective direction. The ISA, like all human organization, is not perfect, but, after only 25 years since its inception , and considering the extent of scientific uncertainty of the Area, its gradual positive development of ISA should be highly evaluated.
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https://halshs.archives-ouvertes.fr/halshs-02397759
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Submitted on : Wednesday, December 11, 2019 - 2:59:43 PM
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Makoto Seta. The Legitimacy of the international Seabed Authority and the way it accepts the involvement of non-state actors in governing the Area. Patrick Chaumette. Transforming the Ocean Law by Requirement of the Marine Environment Conservation - Le Droit de l’Océan transformé par l’exigence de conservation de l’environnement marin, Marcial Pons, pp.329-342, 2019, 978-84-9123-635-1. ⟨halshs-02397759⟩

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