Institutional troubles within the ISA : the growing politicization of the LTC

Beyond the boundaries of national jurisdiction, the seabed and its mineral resources are governed by a comprehensive international regime, which determines by whom and under what conditions these natural resources can be exploited. Although the fundamental principles of the deep seabed regime are set out in the 1982 Law of the Sea Convention and the 1994 Implementation Agreement, the International Seabed Authority (ISA) also plays a vital role by defining the applicable rules and evaluating incoming applications. In both of these areas, the Legal and Technical Commission (LTC) performs key tasks and guides the law- and decision-making process as an organ of the Council. However, the role, composition and functioning of the LTC has not been spared from criticism. Although the Legal and Technical Commission inherently is an independent organ, consisting of neutral experts who provide legal and scientific advice to prepare and support the decisions and activities of the Council, it has been increasingly politicized over the years. Disproportionate representation of regional groups, shortage of essential expertise and lack of transparency can be considered the main issues and there is a pressing need for a solution. This article offers a critical analysis of these matters and suggests suitable corrections, in order to find a sensible compromise that all parties can agree upon.