رژیم بین المللی بهره برداری از منابع زیر بستر دریاها و چالش های آن

The purpose of this article is to examine the rights of the sea in the use of subsea resources and its legal challenges, and to answer the question of what are the challenges that have led to the failure to realize this right (the use of subsea resources) in many countries? New issues have been raised in the law of the sea, which require the law of the sea to keep pace with these developments. Among these developments is subsea resources. Because the law of the sea governs the relations between governments and international organizations. This research, using a descriptive and analytical method, reached the following results: the excessive use of seabed resources, the lack of attention to the proper use of marine resources, and negligence in protecting these resources have faced present and future generations with fundamental problems. Technological and environmental concerns, regulatory gaps, institutional restrictions, and equitable distribution of resources, etc. are some of the challenges of the failure to realize this right (the use of sub sea resources).

Introduction

The governance of deep-sea mineral resources has become an increasingly pressing concern as technological advancements enable access to previously unreachable areas of the ocean floor. The deep seabed holds vast reserves of polymetallic nodules, cobalt-rich crusts, and hydrothermal sulfides, which are of strategic importance for global industries and technological development. However, the exploitation of these resources presents significant environmental, legal, and geopolitical challenges. Conflicting national interests, especially among coastal and sponsoring states, create complex disputes over ownership, control, and equitable benefit-sharing. The international community, through the United Nations Convention on the Law of the Sea (UNCLOS) and the International Seabed Authority (ISA), has established a regulatory framework aimed at balancing resource utilization with environmental protection. Nevertheless, this framework faces criticism for its limited enforcement mechanisms, insufficient transparency, and potential gaps in ecological governance. Scientific uncertainty regarding deep-sea ecosystems further complicates regulatory oversight, while debates persist regarding the precautionary principle, liability regimes, and the responsibility of sponsoring states. Understanding the evolution, challenges, and opportunities within the international regime for seabed resources is essential to develop sustainable and equitable policies that prevent conflict and protect marine environments.

Methodology

This study employs a qualitative research approach, relying on doctrinal legal analysis, literature review, and comparative examination of international treaties, academic publications, and case studies related to deep-sea mining. Legal documents, including UNCLOS provisions, advisory opinions, and ISA regulations, were systematically reviewed to assess their effectiveness, limitations, and the roles of different actors in governing seabed resources. Secondary sources, including peer-reviewed articles and policy reports, provided insights into environmental, economic, and geopolitical dimensions of deep-sea resource governance.

Theoretical Framework

The analysis is grounded in international legal theory and governance principles, emphasizing the role of state sovereignty, common heritage of mankind, and multilateral regulatory regimes. The framework incorporates environmental law concepts, particularly the precautionary approach, to evaluate how international norms and institutional arrangements address ecological risks. Governance theories are applied to understand the interactions among states, the ISA, and private actors in managing resource exploitation. By integrating these perspectives, the study examines the interplay between legal obligations, environmental responsibilities, and economic incentives, highlighting tensions between national interests and collective stewardship. The framework also considers accountability mechanisms and the effectiveness of regulatory oversight in preventing environmental degradation while promoting sustainable development.

Results & Discussion

The international regime governing deep-sea resources faces multiple challenges, including overlapping claims, inadequate monitoring capabilities, and the potential for environmental harm. Coastal and sponsoring states often pursue divergent interests, complicating negotiations and delaying the adoption of uniform standards. While UNCLOS establishes the legal basis for resource exploitation and environmental protection, practical enforcement depends on the ISA and the compliance of member states, raising concerns about effectiveness. The precautionary principle and liability regimes are central to addressing uncertainties in deep-sea ecosystems, yet gaps in scientific knowledge hinder precise risk assessment. Governance challenges are further amplified by technological advancements that accelerate resource extraction and create new pressures on fragile marine environments. Despite these difficulties, opportunities exist to strengthen the regime through enhanced transparency, stakeholder participation, and adaptive management strategies. International cooperation, capacity building, and rigorous scientific research can improve environmental monitoring and promote equitable sharing of benefits. The role of sponsoring states is critical in ensuring compliance with international standards, while multilateral institutions provide platforms for dispute resolution, norm-setting, and sustainable development initiatives. Balancing economic interests with environmental and social responsibilities remains a key tension in regulating seabed resources, demanding coordinated action at national and international levels.

Conclusions & Suggestions

The study highlights the need for a comprehensive, adaptive, and enforceable international regime for the governance of deep-sea resources. Legal frameworks, primarily UNCLOS and ISA regulations, provide foundational principles, but gaps in enforcement, transparency, and ecological protection limit their effectiveness. Strengthening monitoring systems, integrating the precautionary principle into decision-making, and clarifying liability mechanisms are essential for sustainable exploitation. Effective governance requires cooperation among states, the ISA, scientific communities, and private actors, ensuring that economic development does not compromise marine ecosystems. The regime must also address geopolitical tensions, equitable benefit-sharing, and long-term environmental stewardship. By adopting a holistic approach that balances legal, environmental, and economic dimensions, the international community can ensure responsible management of seabed resources, fostering both global development and the protection of oceanic heritage for future generations.