Prospects of Exploration/ Exploitation of Offshore Minerals in Pakistan, Feasibility of Raising National Seabed Authority to Spearhead Deep Sea Exploration / Exploitation Activities in Pakistan

The vast expanse of the high seas, extending beyond Exclusive Economic Zones (EEZs), covers over half of the Earth’s surface and comprises 65% of the ocean’s area and 90% of its volume. As these waters are international territory, a regulatory framework was imperative to govern activities conducted within them. The United Nations Convention on the Law of the Sea (UNCLOS) serves as the cornerstone, establishing legal parameters for resource extraction in the deep-seabed Areas Beyond National Jurisdiction (ABNJ). Notably, UNCLOS underscores those activities in these areas benefit humanity, irrespective of a state’s coastal or landlocked status, as articulated in Article 140.

To ensure equitable distribution of benefits derived from the high seas, Article 82 of UNCLOS delineates mechanisms for managing dividends. The International Seabed Authority (ISA), established under the auspices of the 1982 UNCLOS and its 1994 Implementation Agreement, oversees this process. As an autonomous intergovernmental body, the ISA is entrusted with managing payments and contributions related to the exploitation of the continental shelf beyond 200 nautical miles.

The latest convention on Conservation of biodiversity in areas beyond national jurisdiction (BBNJ) lays emphasis on living resources therefore it becomes irrelevant in case of exploration of the nonliving resources of seabed of high seas. In view of this, exploration of minerals from the deep seabed of high seas is regulated in accordance with the UNCLOS only. 
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