As exploitation of the “common heritage of mankind” is poised to happen in the near future, the design of a potential liability and compensation regime continues to be a pressing issue, Under the current legal framework established by the 1982 UN Convention on the Law of the Sea, a crucial issue is which actor has sufficient legal interest to bring a liability claim for damage to the marine environment where there may not be an ‘injured party’ per se. In this regard, this paper will explore one specific aspect of a liability and compensation regime for activities in the Area, namely, ISA’s legal authority to bring a claim for compensation for damage caused to the marine environment arising out of activities in the Area. This paper will further interrogate the finding by the Seabed Disputes Chamber (SDC) in its 2011 Advisory Opinion on the Responsibilities of the Sponsoring State (“SDC Advisory Opinion”) that “it may be envisaged what constitutes compensable damage would include damage to the Area and its resources constituting the common heritage of mankind, and damage to the marine environment” and that “[s]ubjects entitled to claim compensation may include the ISA, entities engaged in deep seabed mining, other users of the sea, and coastal States.” It will explore both the legal and policy issues that may arise as a result of the ISA being the claimant for damage to the marine environment.
