海底鉱物資源開発を目指す鉱業法およびその関連法に求められる国際規則との整合性

――マイニング・コードにおける水中文化遺産の取扱いを含めて――

抄録

The United Nations Convention on the Law of the Sea (hereinafter UNCLOS) established new marine areas including coastal jurisdiction areas with EEZ and Continental Shelf and the deep seabed area. The International Seabed Authority (hereinafter ISA) established for the control of the deep seabed adopted three regulations concerning prospecting and exploration of mineral resources under the legal framework of UNCLOS Part XI and its implementing Agreement. They are Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area (2000), Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area (2010) and Regulations on Prospecting and Exploration for Cobalt-Rich Crusts (2012). The three Regulations commonly provide for the protection and preservation of the marine environment. Considering environmental references in these Regulations and Advisory Opinion of International Tribunal for the Law of the Sea (2011), the criteria for prospecting and exploration of mineral resources seems to be clear. This paper will list national laws which seem to be coordinated with environmental regulations mentioned above. The principal laws are the Mining Act and Mine Safety Act; however, other relevant laws to be revised in prospecting and exploration of mineral resources will be also discussed. Moreover, some provisions in the Mining Code with regard to underwater cultural heritage incidentally found in the process of prospecting and exploration of seabed mineral resources will be examined. Suggestions shall also be made as to how the Act on Protection of Cultural Properties should be revised in the context of international environmental rules.