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18 Indonesian J. Int'l L. 1 (2020-2021)

handle is hein.journals/indjil18 and id is 1 raw text is: Indonesian Journal of International Law (2020), Vol. 18 No. 1, pp. 1-22
https://doi.org/10.17304/ijil.vol18.1.800
OCEAN LAW IN TIMES OF HEALTH EMERGENCY:
DEEP SEABED MINING CONTRIBUTIONS AND ITS FEAR
OF OVEREXPLOITATION
Laisa Branco de Almeida
Department of International Law,
L'Institut de hautes etudes internationales et du ddveloppement (IHEID), Switzerland
Correspondence: laisa.branc2 @gmail.com
Abstract
The deep seabed has one of the most enriched biodiverse places on Earth. Scientists have found
some essential biomedical breakthroughs derived from hydrothermal vents involved in treating
disease outbreaks among seabed minerals. Futuristic as it may sound, new pharmaceutical
discoveries pressure the International Seabed Authority (ISA) into strengthening its global
rules on mining exploitation beyond areas ofnational jurisdiction (ABNJ). This paper presents
a general evaluation of the existing legal system of deep seabed mining. It highlights that,
increasingly, pharmaceutical companies are shifting to ABNJ seabed areas for exploitation,
pressuring the international order for a more coherent and effective mining exploitation system
for the next decade. The analysis of international legal frameworks for the Law of the Sea is
notable. However; there are still substantial gaps in deep seabed mining's global governance,
expected to commence soon, as ISA rushes to approve a new international mining code. The
result supports a transparent mining exploitation process in ABNJ, facilitating cooperation
between sectors and between countries, fostering equitable sharing, and preserving the fragile
ecosystem.
Keywords : Law of the sea, UNCLOS, health emergency, Deep seabed, International Seabed
Authority
Submitted : 29 July 2020 1 Revised : 5 September 2020 1 Accepted : 3 October 2020
I. INTRODUCTION
The deep ocean is one of the most biodiverse environments on Earth.
Amongst seabed minerals,1 scientists have found some of the essential
biomedical breakthroughs derived from hydrothermal vents, directly linked to
the treatment of disease outbreaks. Therefore, the beneficial outlines of seabed
microbiology species are not an unknown territory for science, as many of its
components have already given us recent cancer treatments.2
1 According to article 133 (b) UNCLOS 1982, Resources, when recovered from the Area, are
referred to as 'minerals'. See SDC of the International Tribunal for the Law of the Sea (IT-
LOS), Responsibilities and Obligations of States Sponsoring Persons and Entities concerning
Activities in the Area (Advisory Opinion) (Seabed Disputes Chamber Case No 17, 1 February
2011) [SDC Advisory Opinion 2011], para 200.
2 See the usage of seabed minerals towards the pharmaceutical industry: Claire W. Armstrong,

Copyright ( 2020 - Laisa Branco de Almeida,
Published by Lembaga Pengkajian Hukum Internasional

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