Forum shopping within the context of deep sea mining : towards sponsoring states of convenience?

The gradual depletion of land resources and the increasing demand for certain base metals have led to great interest in the minerals of the deep seabed. Beyond the boundaries of national jurisdiction, which extend to the outer limits of the continental shelf, the seabed and subsoil comprise the ‘Area’. The Area and its mineral resources are designated as ‘common heritage of mankind’ and are governed by a complex international regime, which determines by whom and under what conditions these natural resources can be exploited. However, it must be noted that companies wishing to pursue activities in the Area must be sponsored by the state of which they are nationals, so national legislation defining the conditions to obtain a certificate of sponsorship also plays an important role. The content of these national laws is very diverse though, which can create possible mismatches and may induce deep sea mining enterprises to strategically choose or change their sponsoring state. Therefore, the phenomenon of flags of convenience in shipping, which is detrimental to the enforcement of international rules and standards, does not seem far off