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VOL. 8, ISSUE 1 (2026)
Fairness of benefit distribution for international seabed resources (Common Heritage of Mankind) under the International Seabed Authority (ISA)
Authors
Rizka Ramadhani Sabila Yassara, Azzahra Nafisah Akbar, Grishella Fernandika Dwi Setyawan, Chealsy Olivia C P, Ria Tri Vinata
Abstract
Deep seabed mineral resources located in the
Area beyond national jurisdiction are increasingly framed as strategic inputs
for modern industrial supply chains, yet their utilization raises a persistent
distributive justice dilemma under international law. This article examines
whether the benefit sharing architecture administered by the International
Seabed Authority aligns with the Common Heritage of Mankind principle as
articulated in Part XI of UNCLOS 1982 and the 1994 Implementing Agreement.
Using a normative doctrinal approach, the study analyzes relevant treaty
provisions, ISA regulatory instruments, and an illustrative case involving the
extension of an exploration contract in the Clarion Clipperton Zone. The
analysis finds that current benefit sharing is more developed at the level of
normative design than measurable outcomes, with monetary distribution remaining
uncertain while non-monetary benefits are largely channelled through training
and capacity building obligations. Key constraints include regulatory
incompleteness, technological and financial asymmetries between states,
governance risks that can weaken redistributive intent, and unresolved
questions of environmental responsibility. The article argues for a more binding,
transparent, and accountability-oriented framework that operationalizes
equitable benefit sharing while strengthening environmental safeguards and
meaningful participation for developing states.
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Pages:39-44
How to cite this article:
Rizka Ramadhani Sabila Yassara, Azzahra Nafisah Akbar, Grishella Fernandika Dwi Setyawan, Chealsy Olivia C P, Ria Tri Vinata "Fairness of benefit distribution for international seabed resources (Common Heritage of Mankind) under the International Seabed Authority (ISA)". International Journal of Law, Policy and Social Review, Vol 8, Issue 1, 2026, Pages 39-44
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