Responsibility and Liability for Damage Arising out of Activities in the Area: Potential Claimants and Possible Fora

  • Tara Davenport
  • Liability Issues for Deep Seabed Mining Series

    Paper No 5

  • 2019

This paper explores the various issues related to identifying claimants that have a sufficient legal interest to bring a claim for damage arising out of activities in the area beyond national jurisdiction (standing) and whether such claimants have access to a dispute settlement forum to adjudicate such claims, be it an international court, tribunal or national courts (access). The paper argues that the major challenge in the context of deep seabed mining is that damage can impact both individual and collective interests of the international community, making the determination of which actor has standing a complex task.

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