Technical bodies of international regimes and their provision of expertise: The curious case of the International Seabed Authority

The International Seabed Authority (ISA), an autonomous international organization comprising of 167 member states and the European Union, is mandated to administer the mineral resources of the international seabed for the benefit of humankind as a whole. The ISA is unique in comparison to other intergovernmental bodies in that it is empowered to develop binding regulations and take decisions that have far-reaching consequences. Of particular interest is the functionalities of its subsidiary organs, which are essentially technical expert bodies that provide recommendations to the primary organs (the ISA Council and the Assembly) on matters relating to their respective law-, decision-, and policy-making functions or processes. Understanding the role and influence exerted by these technical bodies is crucial, given that its members provide the necessary expertise and foundational basis that inform – and in some cases, control – the direction and outcome of multilateral negotiations between the member States of the ISA. Drawing on examples from other international regimes where appropriate, this paper explores the theme of technical bodies and the provision of expertise in detail using the Legal and Technical Commission of the ISA as a case study and attempts to explain and provide some insights as to its peculiarity and profoundness.