This Article reviews the positions currently articulated by the United States with respect to UNCLOS III in light of earlier negotiations, previous positions taken by the U.S., logical problems with the U.S. position, and the practical difficulties that would be faced if entrepreneurs based in the U.S. attempted to mine without the protection of an internationally-agreed-upon regime. The authors conclude that the U.S. is legally wrong in asserting that seabed mining is a freedom of the high seas and is unwise as a matter of policy in thinking that U.S. corporations could profitably mine seabed resources outside of an international recognized seabed authority.
Jon Van Dyke & Christopher Yuen,
"Common Heritage" v." Freedom of the High Seas": Which Governs the Seabed?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss3/6