Regulating Deep Sea Mining

Regulating Deep Sea Mining PDF

Author: Klaas Willaert

Publisher: Springer Nature

Published: 2021-08-30

Total Pages: 60

ISBN-13: 3030828344

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This book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining. The wide array of activities which we refer to as deep sea mining are not governed by one universal framework. On the contrary, numerous legal instruments play a role, and it is important to maintain a clear overview. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overarching regime, but important distinctions must be made. For example, deep sea mining in the Area is subject to international regulations adopted by the International Seabed Authority (ISA), while similar activities on the continental shelf fall under national jurisdiction and are governed by domestic legislation of the coastal state. This dichotomy must be nuanced, however, taking into account that non-state actors conducting deep sea mining operations in the Area must also adhere to national laws of the sponsoring state, while mineral exploration and exploitation on the continental shelf are likewise subject to a number of international rules and principles. Moreover, separate exploration regulations were adopted by the ISA for distinct categories of mineral resources, and national legislation on deep sea mining is quite diverse. This book clearly identifies all relevant legal instruments, assesses their role, explains their interactions, and engages with some of the topical issues that surround them.

International Law and Corporate Actors in Deep Seabed Mining

International Law and Corporate Actors in Deep Seabed Mining PDF

Author: Joanna Dingwall

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192898264

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The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

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.

Seabed Mining and the Law of the Sea

Seabed Mining and the Law of the Sea PDF

Author: Virginie Tassin Campanella

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9780429426162

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"Deep-sea mining is a rapidly developing industry. New states, stakeholders and industries are constantly joining the technical race to realise exploitation, given the vast mineral wealth located on the ocean floor. At the same time, States are working hard on developing international, regional and domestic regulations, able to satisfy the technical and environmental challenges posed by deep sea mining"--

Routledge Handbook of Seabed Mining and the Law of the Sea

Routledge Handbook of Seabed Mining and the Law of the Sea PDF

Author: Virginie Tassin

Publisher: Taylor & Francis

Published: 2023-12-29

Total Pages: 483

ISBN-13: 0429760159

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For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality. This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law. This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS. Chapter VI.1.4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority

The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority PDF

Author: Alfonso Ascencio-Herrera

Publisher:

Published: 2022

Total Pages: 410

ISBN-13: 9789004507371

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"The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey, adopts a unique multidisciplinary approach by focusing on the legal, scientific, and economic perspectives of the United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the Convention. Central to its theme is raising awareness of the important role of the International Seabed Authority and how much it has achieved over the last 25 years in creating a regime for deep seabed mining. Through the rich and wide range of contributions, readers will be able to draw interesting new insight into the Authority's evolutionary work as well as its legal framework"--

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