Minerals Report - International Seabed Authority

In relation to prospecting and exploration for polymetallic nodules,
Mr. Nandan said that the Convention provides that a prospector shall notify
the Authority of the approximate area or areas in which it intends to prospect.
He also said that the Convention confers no rights on the prospector with
respect to resources. Such rights, he pointed out, can only be acquired
through an exploration contract. He noted that the Convention while using
the two terms, neither defines prospecting nor the point when prospecting
becomes exploration. Mr. Nandan said that Resolution II that governs
preparatory investment in pioneer activities relating to polymetallic nodules
defines pioneer activities. He noted that the activities included in this
definition go beyond marine-scientific research or prospecting, including
activities that he believed are part of exploration.
Mr. Nandan commented on the rigidity of the system that is
prescribed in the Convention for developing polymetallic nodules and said
that it was neither the fault of the industrialized States nor the developing
States but that it came about in response to the proposals made by the United
States. From a historical perspective, Mr. Nandan said that negotiators of this
part of the Convention were requested to make sure that all decisions that
were required to be taken by the Authority were already prescribed and
provided for in the Convention. Mr. Nandan emphasized that there was to be
no flexibility or discretion given to the Authority. From the viewpoint of the
industrialized States, a potential contractor was expected to submit an
application that resulted in the award of a contract. Mr. Nandan said that the
more this position was advocated, the more the Group of 77 insisted on
adequate provision being made for their participation in deep seabed mining,
thus compounding the system’s inflexibility. He said that in the effort to
devise an exploration code for polymetallic nodules, the members of the
Authority addressed this rigidity. He said that by and large the Authority had
managed to eliminate these problems and to devise a workable exploration
code for nodules.
With regard to rules, regulations and procedures for the development
of other mineral resources to be found in the international seabed area, Mr.
Nandan said that the political and ideological problems with polymetallic
nodules had to be borne in mind. He said that he felt certain that these
INTERNATIONAL SEABED AUTHORITY 471