Revenue Sharing Regime For Exploitation Of Non-living Resources Of The Outer Continental Shelf

Article 82 of the United Nations Convention on the Law of the Sea establishes revenue sharing regime with respect to the exploitation of the outer continental shelf.The coastal States shall make payments or contributions in kind on the basis of time and proportion,which sets in Article 82,in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles.The payments or contributions shall be made through the International Seabed Authority,which shall distribute them to States Parties to the Convention,on the basis of equitable sharing criteria A historical study of UNCLOS Article 82 shows that the revenue sharing regime is a production of the compromise between the principles of the common heritage of mankind and the sovereignty of the outer continental shelf states,so that,Article 82 has several textual ambiguities and gaps raising questions that require clarification.There is need for interpretation of explicit stipulations and for inferences of implicit requirements to facilitate practical implementation.As a treaty provision,Article 82 requires interpretation against the international law of treaties.It is obvious that all provisions of the LOS Convention bear a relationship to each other because collectively they form the package deal of this instrument.Therefore,the relationship between Article 82 and Articles 76,Partl 1 and the principle of fulfill obligations in good faith and not exercise rights in a manner which amounts to an abuse of the rights of others should all be taken note of.What's more,the purpose the LOS Convention should also be taken into account when interpreting Article 82.There is no detailed regulation in Article 82 about the role of the ISA on stage of making contributions and revenue sharing,the tasks and issues for OCS States,and the disputes settlement between them.However,these two subjects are key elements in the revenue sharing regime.Therefore,it poses challenges to the implementation of the Article 82.Although Article 82 has been dormant since the adoption of the Convention,there are coastal States have granted prospecting and/or exploration licenses or leases on their OCS.With the increasing demand for energy and the dependence on the marine resources,the technologies of deep water exploration have make progress,the exploitation of the continental shelf beyond 200 miles is increasing in recent years.Facing the contradiction between textual ambiguities and gaps and the implementation of the revenue sharing regime,the ISA has listed the implementation of Article 82 as one of the important tasks.In order to assist OCS States better meet their obligations,the Authority makes efforts on the development the Guidelines for Implementation of Article 82 and Model Article 82 Agreement.The implementation of the revenue sharing regime,which is a unique system of international law that balances the interests of all parties,depends on the well-intentioned cooperation of all countries.China is a State Party of LOS Convention with the continental shelf beyond 200 miles,which should discharge its obligation in accordance with Article 82 in respect of the exploitation of the non-living resources of the outer continental shelf.Meanwhile,as a developing country,the interests and needs of China shall be taken into account in the distribution of revenue.Therefore,the study of related issues of revenue sharing regime can provide reference and recommendations for the application of Article 82 in China.