Obligations and Liability of Sponsoring States Concerning Activities in the Area: Reflections on the ITLOS Advisory Opinion of 1 February 2011

Yoshifumi Tanaka

doi:10.1017/s0165070x12001167

Obligations and Liability of Sponsoring States Concerning Activities in the Area: Reflections on the ITLOS Advisory Opinion of 1 February 2011

4 Citations (Scopus)

Abstract

On 1 February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its first advisory opinion, namely, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area which concerns the responsibility and obligations of sponsoring states with regard to activities in the Area, i.e., the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction. Significantly this advisory opinion clarified the obligations of sponsoring states concerning activities in the Area. It will also provide important insights into, inter alia, the inter-relationship between the obligation of due diligence and the precautionary approach, the preferential treatment of developing states, the liability of sponsoring states and obligations erga omnes concerning activities in the Area. Thus the ITLOS advisory opinion is thought to make an important contribution to the development of the deep seabed régime. Focusing on these issues, this contribution will seek to examine the significance of and questions concerning the advisory opinion of 2011.

Original language	English
Journal	Netherlands International Law Review
Volume	60
Issue number	2
Pages (from-to)	205-230
Number of pages	26
ISSN	0165-070X
DOIs	https://doi.org/10.1017/s0165070x12001167
Publication status	Published - Jun 2013

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title = "Obligations and Liability of Sponsoring States Concerning Activities in the Area: Reflections on the ITLOS Advisory Opinion of 1 February 2011",

abstract = "On 1 February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its first advisory opinion, namely, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area which concerns the responsibility and obligations of sponsoring states with regard to activities in the Area, i.e., the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction. Significantly this advisory opinion clarified the obligations of sponsoring states concerning activities in the Area. It will also provide important insights into, inter alia, the inter-relationship between the obligation of due diligence and the precautionary approach, the preferential treatment of developing states, the liability of sponsoring states and obligations erga omnes concerning activities in the Area. Thus the ITLOS advisory opinion is thought to make an important contribution to the development of the deep seabed r{\'e}gime. Focusing on these issues, this contribution will seek to examine the significance of and questions concerning the advisory opinion of 2011.",

author = "Yoshifumi Tanaka",

year = "2013",

month = jun,

doi = "10.1017/s0165070x12001167",

language = "English",

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pages = "205--230",

journal = "Netherlands International Law Review",

issn = "0165-070X",

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T1 - Obligations and Liability of Sponsoring States Concerning Activities in the Area

T2 - Reflections on the ITLOS Advisory Opinion of 1 February 2011

AU - Tanaka, Yoshifumi

PY - 2013/6

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N2 - On 1 February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its first advisory opinion, namely, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area which concerns the responsibility and obligations of sponsoring states with regard to activities in the Area, i.e., the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction. Significantly this advisory opinion clarified the obligations of sponsoring states concerning activities in the Area. It will also provide important insights into, inter alia, the inter-relationship between the obligation of due diligence and the precautionary approach, the preferential treatment of developing states, the liability of sponsoring states and obligations erga omnes concerning activities in the Area. Thus the ITLOS advisory opinion is thought to make an important contribution to the development of the deep seabed régime. Focusing on these issues, this contribution will seek to examine the significance of and questions concerning the advisory opinion of 2011.

AB - On 1 February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its first advisory opinion, namely, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area which concerns the responsibility and obligations of sponsoring states with regard to activities in the Area, i.e., the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction. Significantly this advisory opinion clarified the obligations of sponsoring states concerning activities in the Area. It will also provide important insights into, inter alia, the inter-relationship between the obligation of due diligence and the precautionary approach, the preferential treatment of developing states, the liability of sponsoring states and obligations erga omnes concerning activities in the Area. Thus the ITLOS advisory opinion is thought to make an important contribution to the development of the deep seabed régime. Focusing on these issues, this contribution will seek to examine the significance of and questions concerning the advisory opinion of 2011.

U2 - 10.1017/s0165070x12001167

DO - 10.1017/s0165070x12001167

M3 - Journal article

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JO - Netherlands International Law Review

JF - Netherlands International Law Review

IS - 2

ER -

Obligations and Liability of Sponsoring States Concerning Activities in the Area: Reflections on the ITLOS Advisory Opinion of 1 February 2011

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