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“The Area” is a maritime zone that is subject to the international law principle of Common Heritage of Mankind. The International Seabed Authority (the Authority) acts on behalf of various States in controlling activities and managing resources of the Area. However, the resources in the Area described in Part XI of the 1982 United Nations Convention on the Law of the Sea are limited to non-living resources, both from the definition contained in the article, and the provisions of the articles, which can be applied only to non-living resources.
This article seeks to illustrate the connection between the Authority and living resources, including the exercise of powers by the Authority to protect the marine environment. Analysis both of laws and facts reveals that the Authority should have power over the living resources in the Area as well as over non-living resources. Nevertheless, a solution to the management of living resources in the Area must clearly define “Resources” to includes both non-living resources and living resources. For further consideration must be given to what regime of the living resources in the Area will be governed between the Freedom of the High Seas and the Common Heritage of Mankind, in order to understand the duty and power of the Authority to adopt provisions, rules, regulations, and procedures in the future.
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