Title Page
ABSTRACT
Contents
Chapter I. Introduction 12
1.1. Introduction 12
1.2. Scope of Dissertation 21
1.3. Methodology 23
Chapter II. Overview of the exploitation of mineral resources in the International Sea-bed Area 25
2.1. Legal status of the Area and its resources 25
2.1.1. The Area and its resources are the common heritage of mankind 27
2.1.2. The connotation of the common heritage of mankind 29
2.2. The activities in the Area 33
2.2.1. Establishment of the parallel exploitation system 33
2.2.2. The process of activities in the Area 39
2.3. The sponsoring states responsibilities 47
2.3.1. Definition of the Sponsoring states responsibilities 47
2.3.2. Relevant rules of the Sponsoring state responsibilities 49
Chapter III. The sponsoring States obligations 59
3.1. "Responsibility to ensure" 60
3.1.1. The nature of the "Responsibility to ensure" 61
3.1.2. Performance of the "responsibility to ensure" 72
3.2. Direct obligations of sponsoring States 94
3.2.1. Direct obligation through legislation 95
3.2.2. Direct obligation through direct actions of the sponsoring States 97
3.3. Special obligations of sponsoring States in the exploitation stage 105
3.3.1. Strict Liability under domestic legal system 108
3.3.2. Duty to cooperate and exchange of information 111
3.3.3. Protection and preservation of the Marine Environment 113
3.4. Conclusion 116
Chapter IV. The sponsoring State Liability for damage 118
4.1. Elements of the sponsoring State liability for damage 119
4.1.1. Failure to carry out responsibilities 120
4.1.2. Damage 122
4.1.3. Causal link between failure and damage 124
4.2. Exemption from liability 125
4.3. Range of the sponsoring state liability for the damage 129
4.4. Performance of the sponsoring state liability for the damage 133
4.4.1. Parallel relationship between the liability of sponsoring State and contractor 133
4.4.2. Secondary role of the sponsoring State to perform liability 135
4.4.3. Residual liability for sponsoring State 138
4.5. Nature of the sponsoring State liability 141
4.5.1. Guarantee liability in civil law and the sponsoring State liability 141
4.5.2. Traditional State liability and sponsoring State liability 144
4.5.3. Joint liability and residual liability 148
4.6. Conclusion 155
Chapter V. Future development of the Sponsoring State responsibility 161
5.1. The damage liability gap in Area activities 161
5.1.1. The liability gap under current sponsoring State responsibility 161
5.1.2. The approach to fill the damage gap in Area activities 165
5.1.3. Prospects for the international community to fill the liability gap 182
5.2. Conclusion 185
Chapter VI. Conclusion 187
Reference 193
Law and Treaties 193
Resolutions and Reports 194
Judgement and Decisions 198
Journal 199
Website 201