Responsibility to Ensure

Responsibility to Ensure PDF

Author: Xiangxin Xu

Publisher: BRILL

Published: 2021-10-05

Total Pages: 307

ISBN-13: 9004472347

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In Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice, Xiangxin Xu examines how and to what extent the sponsoring State implements its primary responsibility by enacting national legislation, taking China’s legislation as an example.

Revised U.S. Deep Seabed Mining Policy Reflects UNCLOS and Other International Environmental Law Obligations

Revised U.S. Deep Seabed Mining Policy Reflects UNCLOS and Other International Environmental Law Obligations PDF

Author: Lawrence A. Kogan

Publisher:

Published: 2013

Total Pages: 46

ISBN-13:

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This article questions the extent to which U.S. continental shelf seabed mining policy, as reflected in the U.S. administration's recently issued five-year OCS development plan and accompanying agency regulations, is influenced by international environmental law, especially the deep seabed mining and environmental provisions (Parts XI-XII) of the United Nations Convention on the Law of the Sea ('UNCLOS') to which the U.S. has not yet acceded. It seeks answers in the first advisory opinion issued by UNCLOS' International Tribunal for the Law of the Sea ('ITLOS') which sets forth the legal responsibilities and obligations of UNCLOS State Parties that sponsor deep seabed mining activities in international waters. The opinion is significant, for among other reasons, its review and incorporation of evolving international environmental legal norms not expressly included within original or amended treaty text, such as Principle 15 of the Rio Declaration on Environment and Development (i.e., the precautionary approach) and its consequent imposition of new legal duties on treaty Parties.

The Law of the Seabed

The Law of the Seabed PDF

Author: Catherine Banet

Publisher: BRILL

Published: 2020-01-29

Total Pages: 637

ISBN-13: 9004391568

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The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

Environmental Liability for Deep Seabed Mining in the Area

Environmental Liability for Deep Seabed Mining in the Area PDF

Author: Keith MacMaster

Publisher:

Published: 2019

Total Pages: 0

ISBN-13:

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This article will focus on liabilities for the Area and examine the question of liability for the various actors involved, including contractors/operators who carry out the exploitation of resources, sponsoring States, flag States, and the International Seabed Authority. It is necessary to analyze the current state of liability provisions, should environmental damage occur in the Area. The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary. Unfortunately, as will be shown in this article, there are still extensive unknowns in the legal landscape. This article will investigate two areas of liability: the standard of liability (strict, negligence, and whether there is a potential for a due diligence defense, active act, or mens rea requirements) and the extent of liability (limited or unlimited damage claim potentials). The UNCLOS seems to provide for one type of liability for operators, but the subsequent legislation, as will be shown, seems to “water down” liabilities, making a detailed analysis required.

Liability for Environmental Harm from Deep Seabed Mining Activities

Liability for Environmental Harm from Deep Seabed Mining Activities PDF

Author:

Publisher:

Published: 2019

Total Pages: 0

ISBN-13:

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The designations employed, as well as the content and presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority or the Commonwealth Secretariat, including, inter alia, concerning the legal status of any country or territory or of its authorities, or concerning the delimitation of its front [...] The Seabed Disputes Liability and Chamber (SDC) of the International Tribunal of the Law of the Sea (ITLOS) provided further Compensation for guidance on these provisions, in particular in relation to the responsibilities and liabilities of Environmental Damage in sponsoring states, in its 2011 Advisory Opinion.2 International Law Notwithstanding these instruments and the Advisory Opinion, as the [...] The legislation of the State where of the environment and establish that the costs of the nuclear damage is suffered shall determine reinstatement must be proportionate to the extent who is entitled to take such measures."30 Thus, and duration of the damage and the benefits likely the Protocol envisages not only reinstatement or to be achieved.24 Measures taken at some distance restoration but als [...] The costs of measures of reinstatement to be compensated, except to the extent of the impaired environment are included, unless determined by the law of the competent court.32 In the 1993 Lugano Convention on Civil Liability for Damage Resulting from Activities Dangerous 22 IOPC Funds, Resolutions of the 1971 Fund, Resolution No 3 - Pollution to the Environment, while the basic definition of Damag [...] Principle 3(b) of the Draft Principles on the Allocation of Loss provides that the purpose iii) loss or damage by impairment of the draft principles include "to preserve of the environment; and protect the environment in the event of iv) the costs of reasonable measures transboundary damage, especially with respect to of reinstatement of the property, or mitigation of damage to the environment and.

Determining the Standard for Liability for Environmental Harm from Deep Seabed Mining Activities

Determining the Standard for Liability for Environmental Harm from Deep Seabed Mining Activities PDF

Author:

Publisher:

Published: 2018

Total Pages: 0

ISBN-13:

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The designations employed, as well as the content and presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority or the Commonwealth Secretariat, including, inter alia, concerning the legal status of any country or territory or of its authorities, or concerning the delimitation of its front [...] The paper considers the standard of liability for state behaviour under the law of An important factor that has influenced the state responsibility and on operators through development of liability regimes in relation to other international legal regimes on civil liability, as activities is whether the approach to liability is to well as detailing the use of liability exceptions focus on state lia [...] Under the wording of article 139(2), liability only arises if there is damage, which could include damage to the Area and its resources, as well as damage to the marine environment.21 Liability under the LOSC The question of the standard of state liability was addressed directly in the Advisory Opinion, where the SDC was firmly of the view that liability "arises Th e key primary obligation on spon [...] As a result, the LOSC contemplates the possibility There is nothing in the deep seabed mining regime of the development of new rules on liability, that suggests that the sponsoring state, the ISA or whether they arise from general developments the contractor must each be subject to the same in public international law or specifically in the standard of liability. [...] In fact, the structure of the context of the deep seabed mining regime.32 LOSC, which specifies a due diligence standard for sponsoring states directly in article 139, suggests The SDC specifically links the potential for the an intention to impose a due diligence obligation development of future rules on responsibility on sponsoring, while allowing the standard of and liability, such as the estab.

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