Document Type

Working Paper

Publication Date

1-2-2019

Abstract

This article will focus on liabilities for the Area and examine the question of liability for the various actors involved including contractorsoperators who carry out the exploitation of resources sponsoring States flag States and the International Seabed Authority It is necessary to analyze the current state of liability provisions should environmental damage occur in the Area The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary Unfortunately as will be shown in this article there are still extensive unknowns in the legal landscape This article will investigate two areas of liability the standard of liability strict negligence and whether there is a potential for a due diligence defense active act or mens rea requirements and the extent of liability limited or unlimited damage claim potentials The UNCLOS seems to provide for one type of liability for operators but the subsequent legislation as will be shown seems to "water down" liabilities making a detailed analysis requiredbr

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