Document Type : Original Article

Author

Associate Prof. of Payame Noor University (PNU),

Abstract

Exploitation, Exploration and Extraction of the Area resources is subject to the provisions of the United Nations Convention on the Law of the Sea. States Parties to the United Nations Convention on the Law of the Sea are bound by its provisions to develop the Area economic activities. All states have a duty to prevent harm to the environment including the marine environment. The United Nations Convention on the Law of the Sea has general and ambiguous rules for the support of member states for the operation of sponsored contractors in Area. States are worried that they would be liable by sponsoring contractors from their Area’s actions. Eliminating the ambiguity of this concern is the issue of Advisory Opinion that has been requested from the Seabed Disputes Chamber of the International Tribunal Law of the Sea to interpret the provisions of the United Nations Convention on the Law of the Sea. Main question is what are the obligations of the Sponsoring State in supporting the activities of the contractor in the Area based on Seabed Disputes Chamber of the International Tribunal Law of the Sea’s Advisory Opinion? Research findings shows that Judges interpret the main concepts set forth in Part XI and XII of the United Nations Convention on the Law of the Sea, including due diligence, obligation to ensure, and obligation to achieve, argued that the Sponsoring State’s obligations to the Sponsored Contractor’s activities is obligation to ensure. The Sponsoring State advocating for the contractor to comply with the provisions of the Convention on the Law of the Sea and the contracting parties, use appropriate instruments and endeavor to achieve maximum results and achieve these goals. Under these conditions, the responsibility for the damage by Sponsored Contractor to the Area environment is not borne to the Sponsoring State.

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