THE ARTICLE 82 CONUNDRUM: Implementing payment for the exploitation of the continental shelf beyond 200 nautical miles
Publication Name
Routledge Handbook of Seabed Mining and the Law of the Sea
Abstract
This chapter explores the article 82 ‘conundrum’, as alluded to in the title, a term employed because of the significant ambiguities and uncertainties. It discusses the status of article 82 as customary international law and explores emerging state practice. Article 82 is designed to provide for revenue sharing between broad shelf coastal states and the international community with payments or contributions in kind channelled through the ISA, which must distribute them equitably with the priority given to least developed and land-locked states. Article 82 provides a means of reconciling the conflicting positions through a benefit-sharing arrangement, originally proposed by the United States, applicable to the exploitation of non-living resources beyond 200 M. Article 82 is replete with the undefined terms that are capable of varied interpretation. These include ‘payments’, ‘contributions in kind’, ‘resource’, ‘all production’, ‘value’, ‘volume’, ‘site’, and ‘annually’.
Open Access Status
This publication is not available as open access
First Page
141
Last Page
154