Assessment of the Belgian Legislation on Deep Sea Mining

Beyond the boundaries of national jurisdiction, the ocean floor and its resources escape sovereignty claims and are governed by a complex regime, which determines by whom and under what conditions these natural resources can be mined. This regime is formed by part XI and some annexes of the United Nations Convention on the Law of the Sea, the 1994 Implementation Agreement and detailed regulations of the International Seabed Authority (ISA). An important principle is that state-owned enterprises, private companies and natural persons wishing to pursue activities in the Area must be sponsored by the state of which they are nationals. Belgium therefore adopted legislation with regard to deep sea mining in 2013, implementing the international rules and issuing conditions for the granting of a sponsor certificate by the Belgian government. The Belgian legislation sets out a clear procedure and correctly implements the international principles, but there is room for improvement in various areas. This assessment aims to present a general overview of the Belgian legislation on deep sea mining, identify the strengths and weaknesses of both the Belgian law and the royal decree and offer legally underpinned suggestions to improve these