Part I China’s Practice in Promoting International Rule of Law
Rule of Law and Relations among States
The Development of the Exploitation Code in the Area and China’s Position
YANG Zewei[1]
I Introduction
At present，international seabed activities are transiting from the exploration stage to the exploitation stage.[2] As the large-scale commercial exploitation in the Area has emerged，it is urgent to adopt the Exploitation Code and outline a legal framework for future mining. To adopt a scientific，reasonable，fair and equitable “Exploration Code” is an important task for the International Seabed Authority （hereinafter referred to as the Authority） in the coming years.[3] As one of the Council members of the Authority and one party to the exploration contract with the Authority，China has not only attached great importance to the work of the Authority，but also endeavored to promote marine development[4] and the mining in the Area in order to achieve China’s maritime strategy and resource security.
II The Drafting of the Exploitation Code
The 17th session of the Authority decided to initiate the preparation of the Exploitation Code in 2011.[5] In 2012，the 18th session of the Authority put forward Work Plan for the Formulation of Regulations for the Exploitation of Polymetallic Nodules in the Area，which took the drafting of the Regulations as a matter of priority.[6]
In February 2015，the Legal and Technical Commission （hereinafter referred to as the LTC） issued Developing a Regulatory Framework for Mineral Exploitation in the Area for comment by the States members and relevant stakeholders.[7] In July 2016，the Authority published Working Draft Regulations and Standard Contract Terms on Exploitation for Mineral Resources in the Area （hereinafter referred to as The Draft Exploitation Regulations），which has so far received 43 comments，including the submission made by China Ocean Mineral Resources Research and Development Association （COMRA） and China MinMetals Corporation （CMC）.[8] In addition，in January 2017，the Authority also announced the development and drafting of The Regulations on Exploitation for Mineral Resources in the Area （Environmental Matters）（hereinafter referred to as The Draft Environmental Regulations，but the relevant comments have not yet been publicized）.[9] Moreover，the development of the regulation of the Authority is still under discussion.
III The Main Content and Characteristics of the Exploitation Code in the Area
The Exploitation Code should include the content of The Exploitation Regulations，The Environmental Regulations and International Seabed Authority Regulations，which should be drafted separately and then unified under the Exploitation Code if necessary.[10]
1 The Draft Exploitation Regulations
The Draft Exploitation Regulations has 11 parts，including 59 draft regulations and 9 annexes. Part I is an introduction dealing with terms and scope. Part II stipulates “applications for approval of plans of work for exploitation in the form of contracts”，covering form of applications，fee for applications，proceeding of applications，and consideration of an application by the LTC and the Council. Part III deals with “exploitation contracts”，including the term of exploitation contracts and the transfer of rights and obligations. Part IV is “review and modification of a plan of work for exploitation”，including “modification of a plan of work for exploitation by a contractor” and “review of activities under a plan of work for exploitation”. Part V focuses on “financial terms of a contract”，which includes “annual fees”，“liability to a royalty”，“returns，payments and refunds”，“records，inspection and audit”，“anti-avoidance measures”，“interest and penalties”，“suspension or termination of contract in respect of unpaid royalty”，“disputes regarding royalty calculations and payments”，“review of payment mechanism”. Part VI relates to “information gathering and handling”，such as “confidentiality of information”，“procedures to ensure confidentiality”，and “information to be submitted on expiration of the contract”. Part VII provides for “general provisions”，including “notice and general procedures”，“recommendations for the guidance of contractors”，“duty to cooperate and exchange of information”，“right’s of coastal states” and so on. Part VIII lays down rules on “inspection”，for example，inspectorate. Part IX is “enforcement and penalties”，such as “compliance notice” and “power to take remedial action”. Part X is “settlement of disputes”，which sets up the administrative review mechanism. The last part is “review of the authority’s regulations”.
The content of The Draft Exploitation Regulations manifests the following characteristics：
A. New mechanisms have been set up. Compared with The Regulations for Prospecting and Exploration of Polymetallic Nodules in the Area，The Regulations for Prospecting and Exploration of Polymetallic Sulphides in the Area and The Regulations on Prospecting and Exploration for Cobalt-Rich Crusts in the Area，The Draft Exploitation Regulations stipulates new mechanisms，such as the administrative review mechanism，the exploitation contract as security，transfer of rights and obligations and so on. Particularly，the royalty payment mechanism，the inspection and audit mechanism and the penalty system mechanism are completely new.
B. The Authority is placed at a dominant position. For example，rates of royalty are determined by the Authority，while the contractors can only accept them，besides，they need to pay annual administration fee and annual fixed fees，etc.[11]
C. Some terms are disputed by relevant stakeholders. For instance，some contractors claimed that fees for early exploration activities should be reduced and the term of exploitation contract should be extended；[12] some research institutions and non-governmental organizations argued that environmental protection standards should be further refined.[13]
There are still many defects in The Draft Exploitation Regulations，such as the excessive obligation for contractors，which is not conducive to the commercial exploitation of resources in the Area；some institutional mechanisms are too idealistic to put into practice；some technical terms must be further defined.
2 The Draft Environmental Regulations
It is well known that the UNCLOS attaches great importance to the issue of marine environmental protection. To that end，Part XII of the UNCLOS specifically provides for the protection and preservation of the marine environment；and article 145 is specifically devoted to “Protection of the Marine Environment”. In addition，The Regulations for Prospecting and Exploration of Polymetallic Nodules in the Area，The Regulations for Prospecting and Exploration of Polymetallic Sulphides in the Area and The Regulations on Prospecting and Exploration for Cobalt-Rich Crusts in the Area have included provisions of marine environmental protection. Similarly，the drafting Exploitation Code，to be specific，The Draft Environmental Regulations，has dealt with environmental protection as well.
The Draft Environmental Regulations includes 16 parts，with a total of 81 articles and 6 annexes.[14] Among them，the first part is “Introduction”，dealing with terms and scope. The second part is “General Matters”，which mainly includes the “the Authority’s Environmental Duties and Objectives for the Area”，“Guiding Principles” and “Restrictions and Prohibitions”. The third part is the “Environmental Assessment”，which covers environmental baselines，environmental scoping report，environmental risk assessment and evaluation，alternatives，mitigation and management measures. The fourth part is “Preparation of Environmental Plans”，including environmental impact statement，environmental management system，environmental management and monitoring plan，and closure plan，etc. The fifth part is “Preliminary Review of the Environmental Plans by the Authority”，such as review of application for approval of a plan of work：preliminary review by the Authority. The sixth part is “Publicity and Consultation”，including public notification of application for approval of a plan of work and access to environmental plans，review of the environmental plans by interested persons，applicant’s response to submissions by interested persons and Authority’s review and report on submissions. The seventh part is “Consideration of the Environmental Plans by the LTC”，covering process and procedure for recommendations relating to the evaluation of the environmental plans by the LTC，amendments，modifications （conditions） attaching to the plan of work in respect of environmental matters，delivery of a revised environmental management and monitoring plan and revised closure plan，environmental performance guarantee （“environmental bond”） and the LTC’s recommendations to Council on its evaluation of the environmental plans and conditions. The eighth part is “Modification and Periodic Review of the Environmental Plans”，which is related to modification of the environmental plans and substantive review of environmental performance. The ninth part is “Environmental Management and Monitoring”，including adaptive management approach，protection of the marine environment from harmful activities，obligations on the contractor and environmental incidents：contingency plans and emergencies. The tenth part is “Social and Cultural Management”. The eleventh part is “Closure Plans and Post-closure Monitoring”. The twelfth part is “Compensatory Measures”，such as Environmental Liability Trust Fund. The thirteenth part is “Data and Information Management”，which mainly stipulates the obligations on the Authority and Contractor. The fourteenth part is “Compliance，Supervision，Enforcement [and Penalties]”，such as emergency orders，area environmental protection measure，compliance （remediation） notice，power to take remedial action and penalties. The fifteenth part is “Annual Reporting Obligations”，such as annual reporting by contractors. The sixteenth part is “Other Administrative Matters”，which includes public register，review and amendment of these Regulations，etc.
The content of The Draft Environmental Regulations is characterized by the following features：
A. The Draft Environmental Regulations is only a tentative working paper. The final Environmental Regulations will make necessary changes and amendments to the existing draft.
B. The Draft Environmental Regulations provides more detailed information on environmental protection in the Area. As mentioned above，The Draft Environmental Regulations not only provides general guidelines for environmental protection in the Area，but also provides a more detailed system for environmental impact assessment，environmental planning，modification and periodic review of the environmental plans，remedial action and penalties.
C. The Draft Environmental Regulations imposes more environmental protection obligations on contractors. The Draft Environmental Regulations has imposed stringent environmental protection requirements for resource development activities in the Area，such as the provisions of the Closure Plan and the Environmental Liability Trust Fund.[15] This will impose more environmental protection obligations and heavier economic burden upon the contractors who engage in resource exploitation activities in the Area.
At present，although The Draft Environmental Regulations is a “tentative working draft” for comment by the Authority’s stakeholder base，some problems are obvious，for example，the redundant system design，long environmental assessment process，[16] and overburden on contractors which will easily lead to their opposition，etc. In fact，there are two opposite views on the environmental impact of resource development activities in the Area. On one hand，those，who insist modern technology can ensure a manageable，or even harmless，[17] environmental impact of resource development activities in the Area，have advocated the ISA should not develop strict standards to avoid affecting the contractors’ enthusiasm on exploring activities.[18] On the other hand，those，who insist that resource development activities will inevitably bring about significant damage to the environment of the Area，[19] have advocated stringent environmental requirements for resource development activities in the Area.[20] Therefore，it is not difficult to foresee that the Authority and relevant stakeholders will have greater disputes over the provisions of The Draft Environmental Regulations in the future.
IV China’s Position with Respect to the Development of the Exploitation Code
1 The Role of China in Developing the Exploitation Code
A. As a pioneer investor，China has obtained exploration rights in four exclusive exploration areas and three kinds of resources in the Area. COMRA is a pioneer investor in international seabed polymetallic nodule resources. In 2001，COMRA signed an exploration contract with the Authority as a contractor for the exploration and development of polymetallic nodule resources in the Area，and obtained exploration rights and priority mining rights in 75，000 square kilometers of polymetallic nodule in the northeastern Pacific seabed. In July 2011，the Council of the Authority approved the polymetallic sulphide exploration area in the Area of the southwest Indian Ocean，which COMRA applied. In July 2013，the Council of the Authority approved COMRA’s application of the Cobalt-rich Crusts exploitation area in the Western Pacific，which covers an area of 3，000 square kilometers. In July 2015，the Council of the Authority approved the application of the Eastern Pacific polymetallic nodule resource exploration mine applied by CMC，which is located in the Eastern Pacific Clarking-Clipperton fault zone，covering an area of 7.3 million square kilometers. In total，Chinese entities have acquired four exclusive exploration areas in the Area.
In addition，in May 2017，COMRA and the Authority signed the “Extension Agreement on Contractor for the International Seabed Polymetallic Nodule Exploration”.[21] According to this extension agreement，within the 5-year extension period，COMRA will continue the exploration activities in an area of 75，000 square kilometers in the Northeast Pacific，with an emphasis on the environmental baseline data of the contract area，the environmental management plan，the optimization of the deep-sea mining system，and the development of latest smelting technology for polymetallic nodules. At the same time，COMRA will continue to track and analyze the international market for polymetallic nodular-related metals，and seek the best commercial development opportunities for polymetallic nodule resources.
B. China should play a role as a “leading country” in the development of the Exploitation Code in the Area. China should develop the technology for the exploration of resources in the Area，and provide necessary aids for developing countries to explore and exploit international seabed resources，because it is the common interests of developing countries to jointly safeguard the Area and its resources as the common heritage of mankind.[22] In addition，in the construction of the international legal order in the Area，China should adhere to the principle of the common heritage of all mankind，coordinate the interests of member states and relevant stakeholders，and promote the formulation of relevant rules，so as to enhance China’s leading role in the development of the Exploitation Code in the Area.[23]
In fact，China’s leading role is a result of its increasing national strength，which is in line with the expectations of international community. As mentioned above，Chinese entities have obtained four exclusive exploration areas and exploration rights to three types of resources in the Area. China’s international status has greatly improved in recent years. On the economic front，for example，China is the second largest economy，accounting for 16.5% of overall global economy；China’s contribution to global economic growth remain at 33%；China is the No.1 trade partner with 124 countries，which are twice as many as those of the United States （52 countries）. Politically，as one of the five permanent members of the UN Security Council and the largest developing country，China has great political influence in international arena. In addition，China is the largest emitter country of greenhouse gases and the largest importing country of oil. These factors have made China the “chief violinist” in globalization[24] that is expected by international community to play a greater role in international affairs.
2 China’s Comments on The Draft Exploitation Regulations in the Area
Although COMRA and CMC submitted their comments on The Draft Exploitation Regulations on November 2，2016 and November 25，2016 respectively，the comments are not publicly available.[25] However，Chinese government has also made relevant comments on a number of occasions. For example，during the twenty-second session of the Authority in July 2016，the representative of China enunciated its opinions on The Draft Exploitation Regulations：First，The Draft Exploitation Regulations should reflect the development of the sustainable use of international seabed resources for the benefit of all mankind，promote the exploration and development of international seabed mineral resources，and attach equal importance to marine environmental protection. Second，The Draft Exploitation Regulations should be consistent with the development of international law，including the UNCLOS，and the most urgent needs of international community；relevant standards should be consistent with the development of industry and technology；all mechanisms should be established on solid scientific basis. Third，The Draft Exploitation Regulations involves in complicate issues，such as mining，finance，environmental protection，law，etc，which could not be resolved without giving a full consideration of the interests of international community as a whole and especially the interests of most developing countries. Fourth，noting that the draft circulated by the LTC is a working document，rather than the LTC’s final draft，China will participate in the future work with a constructive attitude.[26]
Feng Gao，Deputy Chief of China’s Permanent Mission to the ISA’s 22nd session held in July 2016，pointed out：“‘The Draft Exploitation Regulations’，dealing with mining，financing，environmental protection，law and other fields，is an arduous and complex task，which cannot develop without a full consideration of the overall interests of international community and especially the interests of developing countries.”[27] In addition，during the 23rd Session of the Authority in August 2017，China further proposed：“The Draft Exploitation Regulations should be guided by the principle of encouraging and promoting the development of resources without causing any significant damage to the marine environment”；“The Draft Exploitation Regulations should be compatible with the present level of human activities and knowledge in the Area”；“The Draft Exploitation Regulations should properly handle the rights and obligations of all parties concerned”；“The Draft Exploitation Regulations should comprehensively consider payment mechanisms and revenue-sharing mechanisms. At present，some preliminary frameworks and concepts have been put forward in the part concerning the contribution mechanism in The Draft Exploitation Regulations. All parties have taken the form of equity funds for payment of fees，and there still exists a great difference between combination of equity funds and profit sharing. Meanwhile，revenue sharing mechanism is still under study and discussion. All parties should strictly abide by the basic principles under the UNCLOS and the Implementation Agreement and reach consensus on the payment mechanism and revenue sharing mechanism for The Draft Exploitation Regulations.”[28]These statements have reflected China’s official attitude towards The Draft Exploitation Regulations.
A. Suggestions on the improvement of The Draft Exploitation Regulations. The COMRA and CMC made no comment on disclosure on The Draft Exploitation Regulations，which not only made China lose an opportunity to enunciate its official position，but also damaged China’s “leading role” in the development of The Draft Exploitation Regulations in the Area. Therefore，the COMRA and CMC should agree to disclose their comments on The Draft Exploitation Regulations，and actively promote the contractor’s dominant position under The Draft Exploitation Regulations，which will be conducive to the commercial exploitation of mineral resources in the Area.
Furthermore，China should propose to amend The Draft Exploitation Regulations as follows：（1） Draft Regulation 1 （4），which reads “These Regulations shall not in any way affect the freedom of scientific research，pursuant to article 87 of the Convention，or the right to conduct marine scientific research in the Area pursuant to articles 143 and 256 of the Convention”，should be revised as “Marine scientific research should not interfere with mining activities”. （2） Draft Regulation 13 should specify the exclusive right and the priority right of contractors. （3） Draft Regulation 14 （1） should be revised as “An Exploitation Contract shall be granted for an initial period no less than 20 years…” （4） Draft Regulation 18 should provide for the contractor’s right to make necessary adjustments to the work plan under certain circumstances. （5） Draft Regulation 23 should stipulate that “Pre-mining activities shall be subject to tax relief”. （6） “Other applicable fees” under Draft Regulation 53 should be deleted. （7） Draft Regulation 54 should make further clarification that the cost of inspectors shall be borne by the Authority，and so on.
B. Suggestions on the Improvement of The Draft Environmental Regulations. First，the COMRA and CMC should stand up for the protection of the rights of contractors and publicize their comments on The Draft Environmental Regulations. Second，the relationship between the “environmental management and monitoring plan” and other strategic management plans and regional management plans should be further clarified. Third，the provisions on “Environmental Bonds” should be replaced by one type of guarantee or security which integrates the functions of “Financial Guarantee or Security”，“Performance Guarantee” and “Environmental Bonds”. Fourth，the period for review，comments and public availability of various studies，reports and plans should be shortened. Fifth，The Authority’s right to make relevant information publicly available should be restricted. Sixth，relevant provisions on the requirement are to “identify the Appropriately Qualified Experts” for environmental studies，reports，and plans should be deleted. Seventh，when an adaptive management approach is adopted，the relief to the contractor’s rights should be established，such as the insurance fund for contractors，and the review of the relief plan by eligible experts，etc.
3 The Formulation of the Exploitation Code in the Area and the Modification of the China Deep-sea Law
China has attached great importance to the exploration and development of the resources in the Area. In 2016，China enacted Law on the Exploration and Development of Resources in Deep Seabed Areas （hereinafter referred to as the China Deep-sea Law）. Currently，the Chinese government is formulating a series of regulations，such as The Measures for the Administration of Licensing for the Exploration and Development of Resources in Deep Seabed Areas，[29] The Measures for the Administration of Materials and Data of the Exploration and Development of Resources in Deep Seabed Areas，The Measures for the Administration of Samples of the Exploration and Development of Resources in Deep Seabed Areas，The Measures for the Administration of the Environmental Survey and Evaluation of the Resources in Deep Seabed Areas，and the overall planning of the supporting mechanisms，which will help to promote the effective implementation of China’s Deep-sea Law.
With the development of the Exploitation Code，China Deep-sea Law needs to be modified and amended in the following aspects：
First，Article 6，which reads “The state encourages and supports international cooperation in terms of the exploration and development of resources in deep seabed areas，the relevant environmental protection，resource investigation，scientific and technological research，education and training，among others”，should be supplemented with “Necessary supports should be given to the less developed states or geographically disadvantaged states”.
Second，Article 7 （4），which reads “An exploration and development plan，including the materials on the possible impact of exploration and development activities on the marine environment，and an emergency response plan for serious damage to the marine environment，among others”，should include a closure plan of the exploration and development activities as well.
Third，Article 8 reads “The oceanic administration of the State Council shall examine the materials submitted by the applicant. If the application is in national interest and the applicant has funds，technologies，equipment and other capabilities and conditions，the oceanic administration shall grant a license to the applicant within 60 working days，and issue the relevant documents to the applicant. A licensed applicant may engage in exploration and development activities only after signing exploration and development contracts with the Authority. The contractor shall，within 30 days from the date of the signing of the contract for exploration and development，file the contract with the marine competent department of the state council. The competent department of maritime administration under the state council shall notify the relevant authorities of the contractor and its exploration and development of regional location，area and other information”. The reviewing time for the application materials should be reduced.
Forth，Article 12，which reads “The contractor shall，within the reasonable and feasible scope，take all necessary measures with the latest technology to prevent，reduce and control the pollution and other hazards caused by the activities in the exploration and development area to the marine environment”，should include guiding principles such as “consideration of the best available scientific evidence”，“the orientation of the ecological system”，“the adoption of preventive measures”，and “the guidance of best environmental practices”.
Fifth，Article 13 reads “The contractor shall，in accordance with the provisions of the exploration and development contract and requirements，and the regulations of the oceanic administration of the State Council，make investigation and study on the ocean conditions of the exploration and development area，determine the environmental baseline，evaluate the impact on the marine environment caused by the exploration and development activities；the contractor shall develop and implement environmental monitoring scheme，monitor the impact on the marine environment caused by the exploration and development activities，and ensure the normal operation of monitoring equipments and the security of the original monitoring records”. It should be modified by adding requirements of “the closure plan”，“the mitigation measures and the alternatives”，“the establishment of an environmental management system”，“the publicity of all environmental information on the contractor’s website”，etc.
Sixth，Article 19，which reads “The oceanic administration of the State Council shall be responsible for the supervision and administration of the contractor’s exploration and development activities”，should be revised as “The oceanic administration of the State Council and the Authority shall be responsible for the supervision of the contractor’s exploration and development activities”.
Seventh，Article 20，“The contractor shall make regular report to the oceanic administration of the State Council on the performance of the exploration and development contract，including the exploration and development activities，environmental monitoring，annual investment，and other issues required by the Oceanic administration of the State Council”，should be modified by adding “the effectiveness of the mitigation measures”，“the implementation of the closure plan”，and “the report on environmental incidents”.
Eighth，Article 22，which reads “The contractor shall assist and cooperate with the supervision and inspection of the oceanic administration of the State Council”，should be amended as “The contractor shall assist and cooperate with the supervision and inspection of the oceanic administration of the State Council and the Authority”.
Ninth，Article 28，which reads “Taxation matters related to the exploration of resources in deep seabed area shall be implemented in accordance with the provisions of the tax laws and administrative regulations of the People’s Republic of China”，should be revised by adding “Royalty shall be paid to the Authority according to relevant provisions under The Exploitation Regulations”.
Tenth，a general provision should be added：“The contractor shall abide by the Exploitation Code guidelines，decisions and commands adopted by the Authority”，which is beneficial for China to play a “leading” role in the establishment of the legal system in the Area.
V Conclusion and Prospects
The core issue to be addressed in the Exploitation Code is how to distribute the benefits among contractors，the Authority and international community[30] in order to fundamentally implement the principle of the common heritage of mankind.[31] In general，it will take a rather long time to develop the Exploitation Code；The Draft Exploitation Regulations shall develop on the basis of international law，and integrate with The Regulations for Prospecting and Exploration of Polymetallic Nodules in the Area，The Regulations for Prospecting and Exploration of Polymetallic Sulphides in the Area，and The Regulations on Prospecting and Exploration for Cobalt-Rich Crusts in the Area. It must give a full consideration of the overall interests of international community and the interests of the majority of developing countries；relevant standards should be set up with sufficient factual and scientific evidences，and should be able to keep a delicate balance between resource development and environmental protection.[32] At present，most countries support the Authority takes the development of The Exploitation Code as its work of priority. The LTC suggested in its 2016 report that the applicant for the exploration work plan should start the exploitation work before the end of the five-year extension period. Countries，such as the UK，the Netherlands，Cameroon and Fiji，insisted that the development of The Draft Exploitation Regulations is the top priority and called for a timetable or time-limit for the drafting work.[33] Countries like Canada，Australia and New Zealand proposed that The Draft Exploitation Regulations should stick to business principles，and in consequence promote investment and marine environment protection. Japan，France and other countries stressed the commercial viability. Singapore attached equal importance to business and environmental considerations；Latin America countries，with Argentina as a representative，emphasized that a consensus was necessary for the adoption of The Draft Exploitation Regulations.[34] Obviously，the relevant stakeholders have different interests，especially on three core issues—the charges，environmental protection，and confidentiality. Therefore，The Exploitation Code still has a long way to go.
Given the development of international law，China should have a new understanding of the principle of the common heritage of mankind.[35] Because the drafting Exploitation Code will have a huge impact on China’s Deep-sea Law，China should actively participate，and play a leading role，in the discussion of The Draft Exploitation Regulations and The Draft Environmental Regulations in order to protect its right as a contractor，its mining area，and its resource security.
[1] YANG Zewei，Luojia Distinguished Professor，Ph.D. in Law，Professor，Wuhan University Institute of International Law.
[2] See Aline Jaeckel，“An Environmental Management Strategy for the International Seabed Authority？The Legal Basis，” the International Journal of Marine and Coastal Law 27，2012，pp. 94-95，119.
[3] See Luz Danielle O. Bolong，“Into the Abyss：Rationalizing Commercial Deep Seabed Mining Through Pragmatism and International Law，” Tulane Journal of International & Comparative Law 25，2016，p. 129.
[4] Xi Jinping，“Expanding the Field of Marine Development，So that the Marine Economy Get into A New Growth，” July 31，2013，http：//news.china.com.cn/txt/2013-07/31/content_29587608.htm.
[5] See International Seabed Authority，Press Release，Seventeenth Session Kingston，Jamaica，July 11-22，2011，https：//www.isa.org.jm/sites/default/files/files/documents/sb-17-15.pdf.
[6] International Seabed Authority，Work Plan for the Formulation of Regulations for the Exploitation of Polymetallic Nodules in the Area，ISBA/18/C/4，2012，pp. 1-10.
[7] https：//www.isa.org.jm/files/documents/EN/Survey/Report-2015.pdf.
[8] See “Contributions to the working draft exploitation regulations”，https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/Comments_Listing.pdf.
[9] https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/DP-EnvRegsDraft25117.pdf.
[10] The Legal and Technical Commission believes that “sub-unit” is the best way to formulate a comprehensive regulatory framework. The content should be discussed together rather than discuss them separately，http：//china-isa.jm.china-embassy.org/chn/hdxx/t1395674.htm.
[11] See Draft Regulation 21 and Draft Regulation 22 of “the Draft Exploitation Regulations”.
[12] See Views and Comments to the “1st Working Draft” of Deep Ocean Resources Development Co.，Ltd. （DORD），https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/DORD.pdf.
[13] See Comments on Working Draft of International Seabed Authority’s “Developing a Regulatory Framework for Mineral Exploitation in the Area” Submission by Earthworks November 25，2016，https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/Earthworks.pdf.
[14] See “The Development and Drafting of Regulations on Exploitation for Mineral Resources in the Area （Environmental Matters），” https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/DP-EnvRegsDraft25117.pdf.
[15] See article 31-32，article 67-69 of the Development and Drafting of Regulations on Exploitation for Mineral Resources in the Area （Environmental Matters），https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/DP-EnvRegsDraft25117.pdf.
[16] See article 81 of the development and drafting of Regulations on Exploitation for Mineral Resources in the Area （Environmental Matters），https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/DP-EnvRegsDraft25117.pdf.
[17] See Michael Cruickshank，“Marine Mining：An Area of Critical National Need，” Mining Engineering，May 2011，pp. 89-93.
[18] See “Comments on ‘Developing a Regulatory Framework for Mineral Exploitation in the Area’ by the Government of Japan，” November 1，2016，https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/Japan.pdf；“Comments by JOGMEC for the Working Draft Regulations and Standard Contract Terms on Exploitation for Mineral Resources in the Area，” November 1，2016，https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/JOGMEC.pdf.
[19] See Alicia Craw，“Deep Seabed Mining：An Urgent Wake-up Call to Protect Our Oceans，” Greenpeace International，July 17，2013，http：//www.greenpeace.org/international/Global/international/publications/oceans/2013/Deep-Seabed-Mining.pdf，p.6.
[20] See “DSCC Submission on the Working Draft Regulations and Standard Contract Terms on Exploitation for Mineral Resources in the Area，” November 24，2016，https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/DSCC.pdf；Alicia Craw，“Deep Seabed Mining：An Urgent Wake-up Call to Protect Our Oceans，” Greenpeace International，July 17，2013，http：//www.greenpeace.org/international/Global/international/publications/oceans/2013/Deep-Seabed-Mining.pdf，p.6；Luz Danielle O. Bolong，“Into The Abyss：Rationalizing Commercial Deep Seabed Mining Through Pragmatism and International Law，” Tulane Journal of International & Comparative Law 25，2016，pp. 141-147.
[21] See the State Oceanic Administration of the People’s Republic of China，China Ocean Mineral Resources Research and Development Association and “the Authority” signed the “Extension Agreement on Contractor for the International Seabed Polymetallic Nodule Exploration”，http：//www.soa.gov.cn/xw/hyyw_90/201705/t20170511_56006.html.
[22] On May 11，2017，Secretary General of the State Oceanic Administration Wang Hong said，Chinese government “will as in the past to support and participate in the work of the International Seabed Authority，effectively assume the International Seabed Authority member’s responsibility，to jointly promote the norms of international seabed activities，while continuing to support developing countries to enhance the construction of undersea exploration ability，enhance the level of marine science and technology in developing countries”. See the State Oceanic Administration of the People’s Republic of China，China Ocean Mineral Resources Research and Development Association and “the Authority” signed the “Extension Agreement on Contractor for the International Seabed Polymetallic Nodule Exploration”.
[23] See Li Zhiwen，“China’s International Seabed Resources Development Legal System in the Status of Exploration，” Social Science Journal 6，2016，p. 41；Michael W. Lodge，“The Common Heritage of Mankind，” the International Journal of Marine and Coastal Law 27，2012，pp. 738-740.
[24] See the German “Backyard of China”，the German “Frankfurt Report” website October 11，2013，quoted from the Reference News network reported on October 14，2013，http：//column.cankaoxiaoxi.com/2013/1014/285901.shtml.
[25] See “Contributions to the Working Draft Exploitation Regulations”，https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/Comments_Listing.pdf.
[26] See Permanent Mission of the People’s Republic of China to the International Seabed Authority，the twenty-second session of the International Seabed Authority，http：//china-isa.jm.china-embassy.org/chn/hdxx/t1395674.htm.
[27] See Permanent Mission of the People’s Republic of China to the International Seabed Authority，http：//china-isa.jm.china-embassy.org/chn/hdxx/t1388582.htm.
[28] See Permanent Mission of the People’s Republic of China to the International Seabed Authority，Statement by the Chinese delegation on the topic of “the Draft Exploitation Regulations” at the 23rd session of “the Authority”，http：//china-isa.jm.china-embassy.org/chn/hdxx/t1487167.htm.
[29] On April 27，2017，State Oceanic Administration of China issued The Measures for the Administration of Licensing for the Exploration and Development of Resources in Deep Seabed Areas，as deliberated and adopted at the director’s executive meeting of the State Oceanic Administration.
[30] See Luz Danielle O. Bolong，“Into the Abyss：Rationalizing Commercial Deep Seabed Mining Through Pragmatism and International Law，” Tulane Journal of International & Comparative Law 25，2016，pp.175，181.
[31] See Zewei Yang，International Law （third edition），Higher Education Press，2017，p. 177.
[32] See Permanent Mission of the People’s Republic of China to the International Seabed Authority，the twenty-second session of “the Authority”，http：//china-isa.jm.china-embassy.org/chn/hdxx/t1395674.htm.
[33] For example，UK Seabed Resources Ltd stated in its comments on November 2，2016 that it hopes the final version of “the Draft Exploitation Regulations” to be available in 2018. See UK Seabed Resources Submission in Response to the International Seabed Authority’s Report on Developing a Regulatory Framework for Mineral Exploitation in the Area，Working Draft - Exploitation Regulations （ISBA/Cons/2016/1），https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/UKSR.pdf.
[34] See UK Seabed Resources Submission in Response to the International Seabed Authority’s Report on Developing a Regulatory Framework for Mineral Exploitation in the Area，Working Draft - Exploitation Regulations （ISBA/Cons/2016/1），https：//www.isa.org.jm/files/documents/EN/Regs/DraftExpl/Comments/UKSR.pdf.
[35] See Aline Jaeckel，Kristina M. Gjerde and Jeff A. Ardron，“Conserving the Common Heritage of Humankind-- Options for the Deep Seabed Mining Regime，” Marine Policy 78，2017，p. 156；Michael W. Lodge，“The Common Heritage of Mankind，” The International Journal of Marine and Coastal Law 27，2012，pp. 741-742.