From the depths: rich pickings of principles of sustainable development and general international law on the ocean floor - the Seabed Disputes Chamber’s 2011 advisory opinion

摘要

In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of theudSea handed down its Advisory Opinion in Responsibilities and Obligations of States SponsoringudPersons and Entities with respect to Activities in the Area. Although primarily focused on governanceudof the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance forudboth international environmental law and general international law. More specifically, althoughudsustainable development is not directly referenced in the Opinion, this article argues that it goes audlong way towards strengthening many of the emerging normative rules associated with it. Usingudthe International Law Association’s 2002 New Delhi Declaration of Principles of InternationaludLaw relating to Sustainable Development as a framework, this article specifically analyses theudAdvisory Opinion’s contribution to the sustainable use of natural resources, the precautionaryudapproach, common but differentiated responsibilities, and the principle of good governance.