The exploitation of developing countries by private companies for their deep-sea mining rights: the case of the Clarion-Clipperton Zone

Abstract

The thesis examines the implications of the 'common heritage of mankind' principle, as outlined in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), on the exploitative partnerships between private companies and developing nations in deep-sea mining within the Clarion-Clipperton Zone. This research underscores that the very principle of the common heritage of mankind, intended to ensure equitable resource distribution, has paradoxically intensified economic and environmental inequalities. Utilizing a mixed-methods research design integrating both qualitative and quantitative methods, this thesis examines the partnership between Nauru and The Metals Company. The case study reveals how developing nations like Nauru, despite possessing resource-rich seabed areas, are often economically marginalized, receiving limited benefits while bearing environmental risks. The analysis drawn from the dependency theory, focusing on policy influence, structural underdevelopment, and unequal exchange highlights the challenges faced by Nauru in negotiating fair agreements, exposing the shortcomings of the current UNCLOS framework. This thesis concludes that while the 'common heritage of mankind' principle was conceptually revolutionary, its practical application has fallen short. Even often reinforcing global inequities. The partnership between Nauru and The Metals Company exemplifies how these agreements can perpetuate a cycle of dependency, questioning the effectiveness of international regulatory frameworks in achieving true equity.