Formal and Informal Lawmaking by the International Seabed Authority

Abstract The International Seabed Authority (ISA) was one of the three institutions established under the LOSC to administer the seabed, ocean floor, and minerals found beyond the limits of national jurisdiction (the Area). The ISA was given extensive lawmaking powers, and employs a variety of instruments to regulate activities in the Area. These consist, primarily, of regulations and recommendations, with the latest draft exploitation regulations envisaging the adoption of standards and guidelines, as well as regional environmental management plans. This chapter analyses the key instruments and mechanisms used by the ISA to develop a governance regime for the deep seabed, including its development process, the actors involved, the addressees of these lawmaking efforts, and its binding effects. It will attempt to answer the question of whether the ISA engages in informal lawmaking at all, and why it may be inclined to do so in the governance of the common heritage of humankind.