This chapter addresses the question of how the International Seabed Authority (ISA) discharges its environmental mandate in DSM. First, answer to this question hinges largely upon the composition, powers and functions and decision-making procedures of its organs and subsidiary bodies, in terms of both law and practice. Then, it identifies six categories of powers and obligations of the ISA relating to its environmental function. Namely, the powers to adopt rules, regulations and procedures, issue technical and administrative guidance to contractors, ensure compliance of the contractor while administering activities, issue environmental emergency order to the contractor for preventing (risk of) serious environmental damage, as well as the obligations to apply the precautionary approach, and encourage and promote marine scientific research. It argues that the ISA has changed to results-based environmental regulation. Finally, this chapter comments on the drafting work of Exploitation Regulations by the ISA and suggests ways for the LTC to assess the current state of marine scientific knowledge on a continuing basis.

As a preliminary issue, this chapter argues that the DSM regime embodies a dual-track regulatory system where national regulation by the sponsoring State plays a subordinate role complementary to international regulation of the ISA. Thereafter, it examines a network of international environmental obligations of the sponsoring State under the overarching principle of sustainable development, in accordance with both lex specialis of DSM and general international environmental law, drawing on the Seabed Disputes Chamber’s Advisory Opinion of 2011. That covers the sponsoring State’s obligation of prevention, obligation to apply the precautionary approach and obligation concerning environmental impact assessment (EIA). Then, it turns to the contractor, investigating its international environmental obligations to conduct EIAs and submit EISs, to prepare for and respond to environmental emergency, on environmental management and monitoring and to apply the highest environmental standards. The latter part refers frequently to the 2019 draft Exploitation Regulations and the still to be adopted Phase 1 Standards and Guidelines of the LTC.

Marine living resources are of vital importance for mankind because these resources are an essential source of protein and many human communities depend on fishing. As marine living resources are renewable, there is certainly a need to pursue conservation policies in order to secure sustainable use of these resources. Nonetheless, the depletion of these resources is a matter of more pressing concern in the international community. Thus, the conservation of marine living resources is a significant issue in the law of the sea. This chapter will examine rules of international law governing the conservation of these resources, focusing particularly on the following issues: (1) the problems associated with the traditional approaches to conservation of marine living resources, (2) the concept of sustainable development living resources, (3) the ecosystem approach, (4) the precautionary approach, and (5) the role of regional fisheries management organisations in the conservation of marine living resources and its main challenges.