The Legislation Research Of Deep Sea Area Resources Exploration And Development

Recently, as the continuous development of the world economy and human being's exploration and development of the global environmental resources, offshore land resources are dying up. “High seas” is outside the territorial waters of any nation. There is a wealth of polymetallic nodules in the mineral and biological resources. It has become an important source of capacity development of needed resources around the world.In order to avoid uncontrolled human exploration of the high seas marine resources, the United Union and the International Seabed Authority established, passed and effected “the United Nations Convention on the Law of the Sea”; “Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area ”;“the Implementing Agreement in 1994” and many other international treaties and regulations on international deep sea area resources exploration and development activities for regulation. These treaties and regulations of international exploration and development of each application and approval procedures, the management system of the UN Seabed Authority, the development of marine environmental protection and the development of national obligation and so on to carry on the specification. It has provided a good operational guidelines and institutional guarantee for the countries' regional exploration and development activities. Meanwhile, some developed capitalist countries such as the United States, Britain, Germany, Japan and other countries, in order to safeguard their own rights in the regional exploration and development, have also developed their own area of deep seabed exploration and development law. To establish legal norms on their regional exploration and development of the application and approval procedures, supervision and management system of the government, the system of marine environmental protection measure and legal responsibilities of regional exploration and development.Should the “United Nations Convention on the law of the Sea” and the United Nations Seabed Authority(international ocean exploration and development of competent authority) requires, the convention of states parties need to set their own deep sea area exploration and development law(hereinafter referred to as the “ocean exploration and development”) to ensure that effective implementation of the obligations secured states as the supervising country.In recent years, the country has been gradually be required to develop and adopt national ocean exploration and develop of law, but as a party of “convention” that ever any legislation, nor in the process of exploration and development of ocean to better exercise their rights, and fulfill their obligations. It is imperative to develop their own ocean exploration and development legislation. At present, China's ocean exploration and development of two types of legislation has entered the National People's Congress legislative plan and are losing no time drafting.Chinese exploration and development of ocean law should cover the following four aspects: first, analyze the existing international legislative on the main body of ocean exploration and development system. Main body singularity problem exists in ocean exploration and development, should promote the diversification of ocean exploration and development of the body, encourage enterprises and social organizations involved in ocean exploration and development activities. At the same time, a clear body ocean development should have the exclusive right to explore, exploration priority, the judicial relief rights, should be responsible for providing tenure, technology transfer, the financial burden of the obligation, information providing and training solutions, should bear the corresponding ocean exploration and development activities in the damage of civil liability and criminal law responsibility. Second, in the aspects of supervision system, the main body in the existing regulation should not continue to be a competent authority of the exploration and development of ocean, drawing on the existing national ocean exploration and development of the regulatory system, specifically to establish a “Bureau of seabed mineral development” as our ocean exploration and development specialized administrative organs to replace the existing authorities. Given by the competent authority of ocean exploration and development of our country, to develop the main body of application, examination and approval, licensing and other functions and powers; bear civil indemnification in the damage occurred and guarantee the administrative responsibility and legal consequences. Then, from the principles of the protection of the marine environment, build our regional exploration and development of marine environmental protection system and measures, such as marine environmental risk prevention system, marine environmental impact assessment system. Finally, due to the special legal status of the international seabed region, our ocean exploration and development activities shall adopt specific legislation pattern in the main body system, supervision system and the marine environment protection system as the key content, construction of ocean exploration and development of the legal system and establish the legislative framework.