The ISAs Revised Draft Exploitation Regulations – Have Key Stakeholders Concerns been Addressed Adequately?

"REVIEW OF ISA's DRAFT EXPLOITATION REGULATIONS – HAVE KEY STAKEHOLDERS' CONCERNS BEEN ADDRESSED ADEQUATELY?In early August 2017, the ISA published a revised draft of the exploitation regulations. My presentation will focus on the extent to which key State and Contractor issues raised in formal submissions in November 2016 have been addressed in the revised draft and any additional key issues in the revised draft which are likely to cause significant concern for Contractors.ABSTRACTFollowing the ISA's call for submissions in response to draft zero of the exploitation regulations in July 2016, 43 responses from stakeholders were received by the ISA in November 2016. My presentation will start by briefly looking at how the ISA has continued to engage with stakeholders following the publication of draft zero of the exploitation regulations, including at payment regime workshops in London (November 2016) and Singapore (April 2017) and at the environmental workshop held in Berlin in March 2017. It will also touch on the publication in February 2017 of what was in effect a very preliminary draft of the environmental regulations before moving on to consider in detail the extent to which key State and Contractor issues have been addressed in the ISA revised draft exploitation regulations which were published in August 2017. My review of the formal submissions will include, amongst other things, commentary on:(i) the level of Stakeholder response (State Parties to UNCLOS, Sponsoring States, Privately owned Contractors, State Owned Contractors and NGOs);(ii) the quality of the submissions (particularly by States and Contractors); (iii) the key concerns raised by State and Contractor stakeholders and how those issues have been addressed in the revised draft exploitation regulations; and(iv) how all stakeholders need to further engage with the ISA to ensure that the exploitation code adequately addresses the legitimate and reasonable concerns of each Stakeholder group (e.g. Contractors, Sponsoring States, Developing States and NGOs)."