International Royalties on the Extended Continental Shelf: Implications for Canada, Newfoundland, and Equinor
Canada’s international obligations under Article 82 of the United Nations Convention on the Law of the Sea impose domestic responsibilities to determine which party is to absorb the royalty payments owed to the International Seabed Authority. Currently, uncertainty exists in the royalty regime for projects within Canada’s 200 nautical mile limit waters, with multiple disputes arising between parties to sophisticated contracts. Given the comparatively ambiguous Article 82 language, it is important for Canada, Newfoundland and Labrador, and project proponents to come to a clear conclusion as to who will pay the international royalties. This raises the normative questions of which party should ultimately be paying these royalties, and whether Canada should be shifting its obligations to another party.
Author(s) retain original copyright in the substantive content of the titled work, subject to the following rights that are granted indefinitely:
- Author(s) grant the Alberta Law Review permission to produce, publish, disseminate, and distribute the titled work in electronic format to online database services, including, but not limited to: LexisNexis, QuickLaw, HeinOnline, and EBSCO;
- Author(s) grant the Alberta Law Review permission to post the titled work on the Alberta Law Review website and/or related websites.
- Author(s) agree that the titled work may be used for educational or instructional purposes and/or in educational or instructional materials. The author(s) acknowledge that the titled work is subject to other such "fair dealing" provisions and applicable legislation.
- Author(s) grant a limited license to those accessing the titled work from an electronic database or an Alberta Law Review website to download the titled work onto their computer and to print a copy for their own personal, non-commercial use, subject to proper attribution.
To use the journal's content elsewhere, permission must be obtained from the author(s) and the Alberta Law Review.