Actual issues of responsibility of subjects's activities in the development of mineral resources of the Area
Journal Title: Альманах міжнародного права - Year 2018, Vol 20, Issue
Abstract
The article analyzes international acts that regulate the issues of actors responsi bilities operating in the International Seabed Area. Analyzing the theory and practice of interna tional law, the author comes to the conclusion that the term “responsibility” means two types of responsibility. Firstly, responsibility for an internationally wrongful act or retrospective responsi bility secondly, liability for the harmful consequences of lawful activity, which has the character of positive responsibility. Subjects of responsibility for activities in the Area are the participants in such activities. In accordance with UNCLOS 1982, these entities are States Parties and their real or legal persons; state enterprises; real or legal persons that are under effective control of these States Parties or their nationals, as well as the International Seabed Authority and the Enterprise through which the Authority operates in the Area. As UNCLOS 1982 formulates only a general rule on the responsibility of States for activities in the Area (art. 139 Part XI), the author examined the Advisory Opinion on State Responsibility for Activities on the Seabed beyond the limits of National Jurisdiction (2011), adopted by the Chamber on Disputes Relating to seabed. The author concludes that the guarantorstate is liable in cases of failure to fulfill its obligations in accordance with UNCLOS 1982 and in the presence of losses caused by the contractor's nonperformance of its obligations. The responsibility of the guarantor state and the responsibility of the contractor for which it is vested, coexist in parallel and are not solidary. And to avoid incomplete damage compensation, states should establish a civil liability regime for contractors.
Authors and Affiliations
А. В. КРАСНИКОВА
Keywords
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