Sea Law Commission focuses on pioneer investor duties, training programme approved.

The training programme will be carried out in close co-operation between the registered pioneer investors and certifying States on the one hand, and the Preparatory Commission, on the other. Training will cover all levels and aspects of sea-bed mining activities, helping the Enterprise recruit highly qualified personnel. A 15-member expert panel will be established, representing appropriate fields, to elaborate a training schedule, select trainees from a register, evaluate performance reports, and establish procedures for the programme's administration.

The implementation of obligations and responsibilities of registered pioneer investors" was another major area considered. The topic had been under discussion since registration of France, India, Japan and the Soviet Union as pioneer investors in 1987.

In recognition of investments already made in sea-bed mining research, development and exploration, the Third UN Conference on the Law of the Sea decided, by resolution II, to establish a special regime to govern "pioneer activities" by States or entities which would be registered as "pioneer investors" by the Preparatory Commission.

To qualify as a pioneer investor, a State or an enterprise must have spent at least $30 million on sea-bed activities as of 1 January 1983. Developing countries-other than India, which is an identified pioneer investor-now have until the entry into force of the Convention to fulfil this condition.

Registered pioneer investors have an exclusive right to explore designated areas of the international sea-bed (in the north-east Pacific in the case of France, japan and the Soviet Union, and in the Indian Ocean in the case of India), as well as priority treatment when it comes to authorizing actual sea-bed mining.

Registration also carries with it certain responsibilities and obligations, including a proposed $1 million annual fee, transfer of technology, and training personnel for the Enterprise.

Commission Chairman Jose Luis Jesus of Cape Verde reported a compromise on a mandate for a group of technical experts meeting during the session of the Commission. They had prepared a sea-bed exploration plan and a report on the training of personnel. He said consultations on implementation of obligations with various interest groups to identify possible areas of compromise, would resume in 1990.

During its three-week session, the Commission continued work on rules of procedure for the Sea-Bed Authority and its various organs, including a finance committee to assist the Authority in budgetary and other financial matters. Practical arrangements for the functioning of the Tribunal, the so-called mining code, operational requirements of the Enterprise, and measures to assist developing land-based producer States in adjusting their economies to the possible effects of sea-bed mining were also discussed.

Established in 1982, the Commission is to make all arrangements for the proper functioning of the Authority and the Tribunal, which will come into existence following entry into force of the 1982 UN Convention on the Law of the Sea. As of 1 September 1989, the Convention had received 42 of 60 ratifications or accessions required for its entry into force.

Chairman jesus reiterated his suggestion that the Commission complete its work by the summer of 1991, before entry into force of the Convention. The body will meet next in Kingston, Jamaica, from 5 to 30 March 1990.

The Commission completed the first reading of a draft headquarters agreement between the Authority and jamaica and provisionally adopted a number of draft articles. It will try to produce a final text by next year. The draft Protocol on the Privileges and Immunities of the International Sea-Bed Authority will be also considered in 1990.

Land-based producer States

Special Commission 1 reported that deliberations in the Commission's working group had produced "some significant results" regarding a system of compensation for developing land-based producer States likely to be seriously affected by future sea-bed production of cobalt, copper, nickel and manganese.

A preliminary reading was given to 17 provisional conclusions which might form the basis of its recommendations to the Authority. These covered forecasting by the Authority of the metal situation with and without sea-bed production; assessment of relationship between sea-bed and land-based production; and identification, definition and measurement of effects of sea-bed production on developing land-based producer States, among other things.

Enterprise

Special Commission 2 completed an article-by-article reading of a working paper relating to the structure and organization of the Enterprise, concentrating primarily on identification of Sea Law Convention provisions requiring annotations. The annotations would allow the Preparatory Commission to comment on Convention provisions.

The Chairman's advisory group on assumptions examined current metal price movement, long-term projections and a new set of assumptions. New data showed that prices for nickel, copper and manganese continued to escalate. After updating metal prices, the Australian Bureau of Mineral Resources again had concluded that deep sea-bed mining was not yet economically viable.

Mining code

Special Commission 3, which is drawing up a mining code for the deep sea-bed Area, reported "good progress" towards completing a preliminary first reading of draft regulations on production authorizations. Delegations gave their positions on a general production policy and the instrument-of-production limitation by means of a production ceiling, as contained in article 151 of the Convention.

A seminar on issues relating to production policies with regard to resources of the international sea-bed Area, including the concerns of producers, consumers and potential sea-bed miners, was held.

Sea Law Tribunal

Special Commission 4 completed its examination of the draft Protocol on Privileges and Immunities of the International Tribunal and asked for a revised draft after debate.

Principles to govern relationship agreements between the Tribunal and other international institutions were also discussed. The Commission identified the main substance of future relationship agreements between the Tribunal, on the one hand, and the United Nations, the International Court of Justice and the International Sea-Bed Authority, on the other.