The Obligations Of Sponsoring States In The Exploration And Exploitation In The Area

Applicants, other than the Enterprise, shall be sponsored by the State Party in the exploration and exploitation in the Area. Although the sponsoring state does not explore and exploit the Area directly, the sponsoring state has responsibilities and duties to ensure the exploration and exploitation in the Area and mitigate the risk. The sponsoring state has the responsibility to ensure and direct responsibility under international law in the exploration of the Area.Responsibility to ensure means that the sponsoring states should take all necessary and appropriate measures to secure effective compliance of the contractor. The categories of national law should include (1) the subjects of the activities in the area, (2) the qualification of license and guarantee, (3) punishment, (4) ensure the contractors to protect the marine environment, (5) supervision mechanism, (6) enforcement of the award of international tribunal and arbitration. The direct responsibility of sponsoring state means the responsibilities of sponsoring state itself. The responsibilities to assist the Authority and compensation should include in law of sponsoring state. Besides, sponsoring states should take precautionary measures, the best environmental practices and technology, environmental impact assessment, transfer of technology, training plan, notice obligation and check financial report of contractor. If sponsoring state fails to fulfill its obligations, it should undertake its liabilities. In the exploitation of the Area, the sponsoring state has the responsibilities in the exploration of the Area, and it also should impose strict liability under national law, assist and cooperate with the Authority, inspection regime the operation of contractors and the funding.What’s more, the State Party should take into particular consideration the interests and needs of developing States and geographically disadvantaged state. China performs the responsibilities and obligation of sponsoring states, including enacting The Law of the exploration and exploitation in the Area of The People’s Republic of China and performing duties under the international law and the requirements of International Seabed Authority. The practice in the Area of China perform the direct duties of sponsoring state. With diversification of subjects of China in the Area, how to perform obligations of sponsoring states to reduce risks is what China need to do in the future.