Minerals Report - International Seabed Authority
Minerals Report - International Seabed Authority Minerals Report - International Seabed Authority
entities. Many of them included mining companies that had capital, or access to capital and therefore a situation would be created that seemed somehow unfair between Authority and the consortia. The United States in response stated that the industrialized countries could contribute towards the first operation of the Enterprise in the following way: one half of the capital required for the operation would be contributed in cash by States parties and the other half would be in the form of bonds to be deposited with the Authority or to be used to raise funds or cashed if this became necessary. This formula was incorporated in the provisions contained in article 11 of Annex IV of the Convention. The next issue was technology, because even if money was available, the Enterprise had neither the technology nor the technical know-how to actually participate in the parallel system. To that question, the answer provided was that there would be some provision for making technology available on a fair and reasonable commercial basis in the Convention. That is the fundamental basis on which the whole parallel system developed, and that is how the system for nodules was provided for in the Convention. The subsequent 1994 Implementation Agreement eliminated the provision that required states parties to contribute in cash or in the establishment of bonds b for the first operation of the Enterprise. Instead, it substituted a joint-venture operation for the first operation of the Enterprise, and thereafter it requires the Council to determine how subsequent operations will proceed. The 1994 Implementation Agreement also addressed the ideological problem with the transfer of technology provisions in the Convention. As the transfer of technology provisions evolved in the Convention they came to be seen as provisions for compulsory transfer of technology rather than technology transfer in the context of the dual or parallel system. The final formulation for transfer of technology in the Convention was as follows: if the Enterprise or a developing country operating in the seabed was not able to otherwise obtain technology in the open market, then the Authority could ask the contractor to make available the same technology at a fair and reasonable commercial price. That provision was modified in the1994 Implementation Agreement so that States whose nationals have the technology are required to assist in obtaining the INTERNATIONAL SEABED AUTHORITY 48
technology on a fair and reasonable commercial price. The obligation is therefore shifted from the contractor to the Sponsoring State. The Secretary-General pointed out that there was rigidity in the system that was prescribed for deep seabed polymetallic nodules. He recalled that during the Conference, proposals from the United States were designed to make sure that all decisions that had to be taken were already prescribed and incorporated in the Convention, so that there was no flexibility or discretion for the Authority. This position of the United States resulted in the Group of 77 adding their own little bit, so that inflexibility compounded itself in the system and rules that evolved. Based on this experience, the Secretary-General stated that as regards seafloor massive sulphides and cobalt-rich ferromanganese crusts it is necessary to bear in mind, firstly that the political and ideological problems that were raised when the rules and regulations for deep seabed polymetallic nodules were being formulated will surface again. Secondly, that the inflexibility of the regime for nodule exploration would need to be examined, to determine whether that regime will be suitable for seafloor massive sulphides and cobalt-rich ferromanganese crust deposits. The Secretary-General noted that during the period of the Conference, not much was known about the exploitability of deep seabed polymetallic nodules. He stated that there was a lot of speculation and that misleading calculations and exaggerations were made. As regards seafloor massive sulphides and cobalt-rich ferromanganese crusts, he pointed out that the international community might know even less about these resources. He observed that in political negotiations people seek all kinds of safeguards. In practice, however, things are different and more rational. As far as these types of new mineral resources are concerned, he stated that it is necessary for the international community to understand their nature and distribution for rule making. Looking at the system that has been devised for deep seabed polymetallic nodules, the first question that needs to address is whether this system is applicable to seafloor massive sulphides and cobalt-rich ferromanganese crusts. INTERNATIONAL SEABED AUTHORITY 49
- Page 6 and 7: Chapter 6* Impact of the Developmen
- Page 8 and 9: PART 4 REGULATORY AND PROMOTIONAL F
- Page 10 and 11: The Authority designates one of two
- Page 12 and 13: deposits and gas hydrates of the co
- Page 14 and 15: Prof. Chris German, Challenger Divi
- Page 16 and 17: Mr. Sven Petersen, Research Associa
- Page 18 and 19: SECRETARIAT Ambassador Satya N. Nan
- Page 20 and 21: is to submit “an application that
- Page 22 and 23: that was established to help protec
- Page 24 and 25: on the continental margin. He state
- Page 26 and 27: with the German firm Preussag. As p
- Page 28 and 29: metre or metres of these black smok
- Page 30 and 31: nodules in terms of these metals -
- Page 32 and 33: Professor Herzig stressed however t
- Page 34 and 35: While noting that the continuity of
- Page 36 and 37: asal diameter at 1,600 m water dept
- Page 38 and 39: discovery of the new hydrothermal s
- Page 40 and 41: esearch cruises dedicated to ferrom
- Page 42 and 43: global mid-ocean ridge system. He p
- Page 44 and 45: athymetric map of the seafloor. A s
- Page 46 and 47: were encouraging. In the course of
- Page 48 and 49: that this matter was sensitive, he
- Page 50 and 51: complete a preliminary evaluation o
- Page 52 and 53: metals - nickel, cobalt, manganese,
- Page 54 and 55: 12. Issues to be taken into account
- Page 58 and 59: In this regard, the Secretary-Gener
- Page 60 and 61: According to Dr. Vysotsky, as estim
- Page 62 and 63: With regard to current knowledge ab
- Page 64 and 65: Dr. Corbett gave a brief account of
- Page 66 and 67: River resulting in the introduction
- Page 68 and 69: Ms. Zaamwani pointed out that as th
- Page 70 and 71: geochemical and geotechnical survey
- Page 72 and 73: of its continental shelf through bi
- Page 74 and 75: also stated, is similar to that of
- Page 76 and 77: Chapter 7 Technical requirements fo
- Page 78 and 79: Table 1: Classification of marine m
- Page 80 and 81: Volcanogenic Metalliferous sediment
- Page 82 and 83: deposits, including massive sulphid
- Page 84 and 85: 3. Marine Minerals Related to Deep
- Page 86 and 87: The black smoker chimneys dischargi
- Page 88 and 89: contain metals are present at discr
- Page 90 and 91: Figure 4. A diagrammatic east-west
- Page 92 and 93: and refining of these crusts is mor
- Page 94 and 95: distances of hundreds of kilometres
- Page 96 and 97: 2) Deep ocean hot springs at massiv
- Page 98 and 99: 6. P.A. Rona, M.D. Hannington, C.V.
- Page 100 and 101: 25. M.J. Cruickshank (1998), Law of
- Page 102 and 103: With regard to marine mineral depos
- Page 104 and 105: Focussing on sites of sea floor min
technology on a fair and reasonable commercial price. The obligation is<br />
therefore shifted from the contractor to the Sponsoring State.<br />
The Secretary-General pointed out that there was rigidity in the<br />
system that was prescribed for deep seabed polymetallic nodules. He recalled<br />
that during the Conference, proposals from the United States were designed<br />
to make sure that all decisions that had to be taken were already prescribed<br />
and incorporated in the Convention, so that there was no flexibility or<br />
discretion for the <strong>Authority</strong>. This position of the United States resulted in the<br />
Group of 77 adding their own little bit, so that inflexibility compounded itself<br />
in the system and rules that evolved.<br />
Based on this experience, the Secretary-General stated that as regards<br />
seafloor massive sulphides and cobalt-rich ferromanganese crusts it is<br />
necessary to bear in mind, firstly that the political and ideological problems<br />
that were raised when the rules and regulations for deep seabed polymetallic<br />
nodules were being formulated will surface again. Secondly, that the<br />
inflexibility of the regime for nodule exploration would need to be examined,<br />
to determine whether that regime will be suitable for seafloor massive<br />
sulphides and cobalt-rich ferromanganese crust deposits.<br />
The Secretary-General noted that during the period of the Conference,<br />
not much was known about the exploitability of deep seabed polymetallic<br />
nodules. He stated that there was a lot of speculation and that misleading<br />
calculations and exaggerations were made. As regards seafloor massive<br />
sulphides and cobalt-rich ferromanganese crusts, he pointed out that the<br />
international community might know even less about these resources. He<br />
observed that in political negotiations people seek all kinds of safeguards. In<br />
practice, however, things are different and more rational. As far as these<br />
types of new mineral resources are concerned, he stated that it is necessary for<br />
the international community to understand their nature and distribution for<br />
rule making. Looking at the system that has been devised for deep seabed<br />
polymetallic nodules, the first question that needs to address is whether this<br />
system is applicable to seafloor massive sulphides and cobalt-rich<br />
ferromanganese crusts.<br />
INTERNATIONAL SEABED AUTHORITY 49