A Preliminary Research On The Issue Of Anti-monopoly In The Exploration For And Exploitation Of Minerals In The International Sea-bed Area

The United Nations Convention on the Law of the Sea used the term"monopoly" in many aspects of the "Area" system and specified the anti-monopoly standards for polymetallic nodules in Article 6,paragraph 3(c),of its Annex III.The Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area repeats the above provisions on anti-monopoly standards for polymetallic nodules,but Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area and Regulations on Prospecting and Exploration for Cobalt-rich ferromanganese Crust in the Area are very ambiguous about anti-monopoly regulations and there are also no clear anti-monopoly standards.The issue of anti-monopoly in the "Area"plays a key role in effective implementation of the principle of "common heritage of mankind" and the "parallel system".It is of great significance to follow the rules of the "pioneer investor system".Currently,China has obtained four contractual areas,where it has exclusive exploration and preferential mining rights,which makes it to be the country with the largest number of international seabed contractual areas in the world,so the anti-monopoly rules in the future will inevitably have a major impact on China.There is no doubt that researches on the anti-monopoly issues in mineral exploration and exploitation in the "Area" are very important.This paper focus on the background of anti-monopoly issues in the "Area",sorts out the discussions on the anti-monopoly issues in the process of formulating the UN Convention on the Law of the Sea,refers specific content of the anti-monopoly in the"Area",and clarifies the concept and substance of the anti-monopoly and the current status of the anti-monopoly of the "Area".It also puts forward the anti-monopoly standards that may be promulgated in the future,and on this basis puts forward China's strategies for tackling the potential future anti-monopoly measures against China.The above is also the innovation of this paper.This paper finds that the issue of anti-monopoly in the "Area" is not the same as the issue of anti-monopoly in international law or domestic law.There are many problems in the application of the anti-monopoly in the "Area" now.The anti-monopoly standards that may be promulgated in the future are likely to be detrimental to China.Therefore,China should call for a loose and flexible anti-monopoly standards and participate in international cooperation actively,and vigorously develop its technologies for exploration and exploitation in the international sea-bed to safeguard China's seabed rights and interests.