| The activities of the international seabed area(hereinafter referred to as the "region")are the seabed,the ocean floor and its subsoil beyond the scope of national jurisdiction.In 1982,the United Nations Convention on the Law of the Sea(hereinafter referred to as the "Convention")introduced the concept of "inherited property common to mankind",referring to "regions" and resources therein.In order to prevent the over-exploitation of human beings in the "region",Part 11 of the Convention establishes a number of legal systems,the most important of which is the national guarantee system.Private entities can engage in mining activities in the "region",provided they are guaranteed by the contracting state.In 2010,the International Seabed Disputes Chamber promulgated the "Advisory Opinion",which further divided the obligations of the sponsoring country in detail.The advisory opinion is of great significance to the responsibility of the sponsoring country.This article elaborates on the relationship between the obligations and responsibilities of the sponsoring country,distinguishes the relationship between guarantee obligations and preventive measures,and clarifies the relationship between the contractor ’s responsibilities and the sponsoring country ’s responsibilities.However,due to inadequate legal provisions,some problems have arisen in the actual process,such as whether to treat the developing countries with differential treatment,how to fill the gap in liability for damage in regional activities,and how to solve the double punishment of contractors by the sponsoring State and the Authority The problem caused the contractor to have an impact on resource exploration and development activities,which was not conducive to the supervision and control of the Authority and the sponsoring country.Therefore,to solve the existing problems is the current top priority,that is,preferential treatment should not be given to developing countries,but appropriate technical and human resources should be provided to fill the existing gaps in responsibilities in the way of establishing a marine environment fund and through the authority and guarantees.State cooperation to coordinate the punishment of contractors.During the development of the seabed area,China has made a positive legislative response to the guaranteeing country system,and has continued to improve its legislation.With regard to the lack of specific incentives and provisions related to foreign investment,the lack of aresource exploration and development permit system,emergency plan management methods and Issues such as the environmental survey and evaluation mechanism should be improved,corresponding clauses and systems should be added,international cooperation should be actively promoted,information exchange should be strengthened,and contributions should be made to the exploration and development of resources and environmental protection in international seabed areas. |
