A Methodological Approach to Deep Seabed Mining by Non-state Actors

Abstract

Chapter 1 places this study within its broader methodological framework. Firstly, it offers a method of analysis for evaluating the deep seabed mining regime, drawing on the international legal system more generally, and including elements of formalism and the New Haven approach. Secondly, it provides a methodological perspective on one of this study’s key strands: the role of non-state actors (specifically, corporations). It does so by addressing the terminology concerning non-state actors and corporate entities; considering the means by which corporate nationality can be established as a matter of international law (including by reference to the law of diplomatic protection, international investment law and the concept of flag state nationality); assessing the role of corporations within the international legal system; and providing an initial analysis of the necessary conditions for corporate rights and corporate obligations under international law. This analysis provides the necessary conceptual backdrop against which this book can evaluate the role of corporate activities within deep seabed mining.