Checks and balances on the regulatory powers of the International Seabed Authority

The UNCLOS Part XI regime grants extensive administrative powers to the International Seabed Authority to manage seabed operations. The purpose of this paper is to explore the legal framework for the exercise of these powers and the processes through which alleged unlawful action can be challenged by operators. This paper will consider what applicable standards exist in Part XI and associated instruments to prevent the abuse of discretionary power by the Authority, as well as how these standards should be interpreted to protect the interests of operators, without impeding the ability of the Authority to adopt a robust regulatory approach to managing seabed mining.