Author: Joanna Dingwall
Publisher:
ISBN: 9780192653307
Category : Common heritage of mankind (International law)
Languages : en
Pages : 0
Book Description
This volume addresses the unresolved legal challenges which the increasing role of private corporate actors in deep seabed mining will raise in the coming years. It assesses the tension between corporate commercial interests and the achievement of the common heritage of mankind, under the United Nations Convention on the Law of the Sea.
International Law and Corporate Actors in Deep Seabed Mining
Author: Joanna Dingwall
Publisher:
ISBN: 9780192653307
Category : Common heritage of mankind (International law)
Languages : en
Pages : 0
Book Description
This volume addresses the unresolved legal challenges which the increasing role of private corporate actors in deep seabed mining will raise in the coming years. It assesses the tension between corporate commercial interests and the achievement of the common heritage of mankind, under the United Nations Convention on the Law of the Sea.
Publisher:
ISBN: 9780192653307
Category : Common heritage of mankind (International law)
Languages : en
Pages : 0
Book Description
This volume addresses the unresolved legal challenges which the increasing role of private corporate actors in deep seabed mining will raise in the coming years. It assesses the tension between corporate commercial interests and the achievement of the common heritage of mankind, under the United Nations Convention on the Law of the Sea.
International Law and Corporate Actors in Deep Seabed Mining
Author: Joanna Dingwall
Publisher: Oxford University Press
ISBN: 0192653318
Category : Law
Languages : en
Pages : 288
Book Description
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.
Publisher: Oxford University Press
ISBN: 0192653318
Category : Law
Languages : en
Pages : 288
Book Description
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.
International Law and Corporate Actors in Deep Seabed Mining
Author: Joanna Dingwall
Publisher: Oxford University Press
ISBN: 0192898264
Category : Law
Languages : en
Pages : 321
Book Description
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.
Publisher: Oxford University Press
ISBN: 0192898264
Category : Law
Languages : en
Pages : 321
Book Description
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.
International Environmental Obligations and Liabilities in Deep Seabed Mining
Author: Linlin Sun
Publisher: Cambridge University Press
ISBN: 1108488307
Category : Law
Languages : en
Pages : 383
Book Description
Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Publisher: Cambridge University Press
ISBN: 1108488307
Category : Law
Languages : en
Pages : 383
Book Description
Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Regulating Deep Sea Mining
Author: Klaas Willaert
Publisher: Springer Nature
ISBN: 3030828344
Category : Law
Languages : en
Pages : 60
Book Description
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.
Publisher: Springer Nature
ISBN: 3030828344
Category : Law
Languages : en
Pages : 60
Book Description
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.
Routledge Handbook of Seabed Mining and the Law of the Sea
Author: Virginie Tassin
Publisher: Taylor & Francis
ISBN: 0429760159
Category : Law
Languages : en
Pages : 483
Book Description
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.
Publisher: Taylor & Francis
ISBN: 0429760159
Category : Law
Languages : en
Pages : 483
Book Description
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 Law of the Seabed
Author: Catherine Banet
Publisher:
ISBN: 9789004391550
Category : LAW
Languages : en
Pages : 0
Book Description
Characterizing the seabed : a geoscience perspective / Alvar Braathen and Harald Brekke -- Deep-sea ecosystems : biodiversity and anthropogenic impacts / Eva Ramirez-Llodra -- A short human history of the ocean floor / Håkon With Andersen -- Setting maritime limits and boundaries : experiences from Norway / Harald Brekke -- The seabed in the high north : how to address conflicts? / Alexander S. Skaridov -- Current human impact on Antarctic seabed environment and international law / Y.E. Brazovskaya and G.F. Ruchkina -- Commercial mining activities in the deep seabed beyond national jurisdiction : the international legal framework / Joanna Dingwall -- Framework legislation for commercial activities in the area / Erik Røsæg -- Maritime security and deep seabed beyond national jurisdiction / Edwin Egede -- The rights to genetic resources beyond national jurisdiction : challenges for the ongoing negotiations at the United Nations / Tullio Scovazzi -- Marine genetic resources : a practical legal approach to stimulate research, conservation and benefit sharing / Morten Walløe Tvedt -- Deep-sea bottom fisheries and the protection of seabed ecosystems : problems, progress and prospects / Richard Caddell -- Review of national legislations applicable to seabed mineral resources exploitation / Saul Roux and Catherine Horsfield -- European Union law and the seabed / Finn Arnesen, Rosa Greaves, and Alla Pozdnakova -- China's domestic law on the exploration and development of resources in deep seabed areas / Chelsea Zhaoxi Chen -- Implementation of article 82 of the United Nations Convention on the law of the sea : the challenge for Canada / Aldo Chircop -- The use of sub-seabed transboundary geological formations for the disposal of carbon dioxide / Nigel Bankes -- Decommissioning of offshore installations : a fragmented and ineffective international regulatory framework / Seline Trevisanut -- Re-using (nearly) depleted oil and gas fields in the North Sea for CO2 storage : seizing or missing a window of opportunity? / Martha M. Roggenkamp -- International investment law and the regulation of the seabed / James Harrison -- Navigating legal barriers to mortgaging energy installations at sea : the case of the North Sea and the Netherlands / Jaap J.A. Waverijn -- Crossing the sectoral divide : modern environmental law tools for addressing conflicting uses on the seabed / Rosemary Rayfuse -- Commercial arrangements and liability for crossing pipelines, power cables and telecom cables (connectors) on the seabed / Lars Olav Askheim -- Balancing competing interests when building marine energy infrastructures : the case of the nord stream pipelines / David Langlet -- Liability and compensation for activities in the area / Kristoffer Svendsen.
Publisher:
ISBN: 9789004391550
Category : LAW
Languages : en
Pages : 0
Book Description
Characterizing the seabed : a geoscience perspective / Alvar Braathen and Harald Brekke -- Deep-sea ecosystems : biodiversity and anthropogenic impacts / Eva Ramirez-Llodra -- A short human history of the ocean floor / Håkon With Andersen -- Setting maritime limits and boundaries : experiences from Norway / Harald Brekke -- The seabed in the high north : how to address conflicts? / Alexander S. Skaridov -- Current human impact on Antarctic seabed environment and international law / Y.E. Brazovskaya and G.F. Ruchkina -- Commercial mining activities in the deep seabed beyond national jurisdiction : the international legal framework / Joanna Dingwall -- Framework legislation for commercial activities in the area / Erik Røsæg -- Maritime security and deep seabed beyond national jurisdiction / Edwin Egede -- The rights to genetic resources beyond national jurisdiction : challenges for the ongoing negotiations at the United Nations / Tullio Scovazzi -- Marine genetic resources : a practical legal approach to stimulate research, conservation and benefit sharing / Morten Walløe Tvedt -- Deep-sea bottom fisheries and the protection of seabed ecosystems : problems, progress and prospects / Richard Caddell -- Review of national legislations applicable to seabed mineral resources exploitation / Saul Roux and Catherine Horsfield -- European Union law and the seabed / Finn Arnesen, Rosa Greaves, and Alla Pozdnakova -- China's domestic law on the exploration and development of resources in deep seabed areas / Chelsea Zhaoxi Chen -- Implementation of article 82 of the United Nations Convention on the law of the sea : the challenge for Canada / Aldo Chircop -- The use of sub-seabed transboundary geological formations for the disposal of carbon dioxide / Nigel Bankes -- Decommissioning of offshore installations : a fragmented and ineffective international regulatory framework / Seline Trevisanut -- Re-using (nearly) depleted oil and gas fields in the North Sea for CO2 storage : seizing or missing a window of opportunity? / Martha M. Roggenkamp -- International investment law and the regulation of the seabed / James Harrison -- Navigating legal barriers to mortgaging energy installations at sea : the case of the North Sea and the Netherlands / Jaap J.A. Waverijn -- Crossing the sectoral divide : modern environmental law tools for addressing conflicting uses on the seabed / Rosemary Rayfuse -- Commercial arrangements and liability for crossing pipelines, power cables and telecom cables (connectors) on the seabed / Lars Olav Askheim -- Balancing competing interests when building marine energy infrastructures : the case of the nord stream pipelines / David Langlet -- Liability and compensation for activities in the area / Kristoffer Svendsen.
New Property in International Law
Author: Jean Ho
Publisher: Oxford University Press
ISBN: 0192873458
Category : Law
Languages : en
Pages : 262
Book Description
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.
Publisher: Oxford University Press
ISBN: 0192873458
Category : Law
Languages : en
Pages : 262
Book Description
Until now, the definition of property in international law has been poorly addressed. It is assumed that international law possesses sufficient content to regulate property, that provisions in international instruments addressing property rights are shown to act, and that resolutions of property disputes are claimed to be in accordance with international law. Yet, when asked to define key attributes of property in international law are, the legal world draws a collective blank. New Property in International Law examines how international law consistently falls short when it comes to new property regulation, because key stakeholders have failed to define what property is. The book considers and categorises new property into three areas; cultural property, common property, and contingent property, aiming to carve out, update, and impart coherence to international property law. By sketching the contours of new property in international law through a rigorous analytical comparison of property concepts in the Western, Soviet, post-Soviet, Chinese and Islamic juristic traditions, this work enables a balanced distillation of core attributes of new property from diverse property concepts that can then be woven into a broadly acceptable and broadly applicable definition.
The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey
Author: Alfonso Ascencio-Herrera
Publisher: Martinus Nijhoff Publishers
ISBN: 9004507388
Category : Law
Languages : en
Pages : 410
Book Description
This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004507388
Category : Law
Languages : en
Pages : 410
Book Description
This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.
Party Status to Armed Conflict in International Law
Author: Alexander Wentker
Publisher: Oxford University Press
ISBN: 0198900929
Category : Law
Languages : en
Pages : 321
Book Description
The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict. Against this backdrop, Alexander Wentker's Party Status to Armed Conflict in International Law explores why it matters and how it is established that a State, international organization, or armed group is a party to an armed conflict. The first part of the book demonstrates that party status is central at all levels of the international legal regulation of armed conflicts, with parties to armed conflict being both key addressees of international law and central reference points for regulating individuals and third parties. In response to increasingly widespread cooperation practices, the book's second part advances an analytical framework for identifying parties to conflicts with multiple parties on the same side (or 'co-parties'). Party Status to Armed Conflict in International Law is aimed at academics, students, and practitioners seeking to understand how armed conflicts are legally regulated. It presents readers with a refined account of how responsibilities are allocated in armed conflicts, enabling deeper insight into how international law can best respond to the realities of contemporary conflicts.
Publisher: Oxford University Press
ISBN: 0198900929
Category : Law
Languages : en
Pages : 321
Book Description
The question of what constitutes an armed conflict has featured prominently in international law debates. However, international lawyers have paid less attention to the inextricable question of who is engaged in a conflict, focusing solely on whether there is an armed conflict. Against this backdrop, Alexander Wentker's Party Status to Armed Conflict in International Law explores why it matters and how it is established that a State, international organization, or armed group is a party to an armed conflict. The first part of the book demonstrates that party status is central at all levels of the international legal regulation of armed conflicts, with parties to armed conflict being both key addressees of international law and central reference points for regulating individuals and third parties. In response to increasingly widespread cooperation practices, the book's second part advances an analytical framework for identifying parties to conflicts with multiple parties on the same side (or 'co-parties'). Party Status to Armed Conflict in International Law is aimed at academics, students, and practitioners seeking to understand how armed conflicts are legally regulated. It presents readers with a refined account of how responsibilities are allocated in armed conflicts, enabling deeper insight into how international law can best respond to the realities of contemporary conflicts.