Download or read book A Benefit Sharing Mechanism Appropriate for the Common Heritage of Mankind written by Torsten Thiele and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report contains a summary of the international deep sea mining expert workshop "A benefit sharing mechanism appropriate for the Common Heritage of Mankind”. The overall objective was to stimulate debate on the Common Heritage of Mankind and its benefit sharing element by discussing first ideas how the benefit sharing required by Article 140 paragraph 2 UNCLOS could be appropriately conceptualized in order to meet with the spirit and the requirements of the Common Heritage of Mankind principle. The participants discussed the legal framework of the common heritage of mankind, in particular its benefit sharing provision and the option of a full economic assessment of deep seabed mining operations.

Download or read book An Explanatory Guide to the Nagoya Protocol on Access and Benefit sharing written by Thomas Greiber and published by IUCN. This book was released on 2012 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Concept of the Common Heritage of Mankind in International Law written by Kemal Baslar and published by BRILL. This book was released on 2024-02-06 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the common heritage of mankind is one of the most extraordinary developments in recent intellectual history and one of the most revolutionary and radical legal concepts to have emerged in recent decades. The year 1997 marks the thirtieth anniversary of the advent of the concept in the domain of public international law. Ever since its emergence, it has become evident that no other concept, notion, principle or doctrine has brought as much intensive debate, controversy, confrontation and speculation as the common heritage phenomenon did. This is because it is a philosophical idea that questions the regimes of globally important resources regardless of their situation, and requires major changes in the world to apply its provisions. In other words, the application and enforcement of the common heritage of mankind require a critical reexamination of many well-established principles and doctrines of classical international law, such as acquisition of territory, consent-based sources of international law, sovereignty, equality, resource allocation and international personality. This book aims to explore the legal theory and implications of the concept of the common heritage of mankind. It addresses almost all aspects of the concept in the light of the experience of three decades. The author takes into account the elements of the common heritage concept in the fields of jurisprudence, outer space law, the law of the sea, the law of Antarctica, international environmental law, human rights and general principles of public international law. It tries to develop a normative framework through which the concept may offer alternatives for the governance of the global commons.

Download or read book Routledge Handbook of Seabed Mining and the Law of the Sea written by Virginie Tassin and published by Taylor & Francis. This book was released on 2023-12-29 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Protection of General Interests in Contemporary International Law written by Massimo Iovane and published by Oxford University Press. This book was released on 2021 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.

Download or read book Fair and Equitable Benefit sharing in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2024-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

Download or read book The Law of the Seabed written by Catherine Banet and published by BRILL. This book was released on 2020-01-29 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Marine Genetic Resources Access and Benefit Sharing written by Bevis Fedder and published by Routledge. This book was released on 2013-05-29 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Access to genetic resources and Benefit Sharing (ABS) has been promoted under the Convention on Biological Diversity, with the aim of combining biodiversity conservation goals with economic development. However, as this book shows, since its inception in 1992, implementation has encountered multiple challenges and obstacles. This is particularly so in the marine environment, where interest in genetic resources for pharmaceuticals and nutrients has increased. This is partly because of the lack of clarity of terminology, but also because of the terms of the comprehensive law of the sea (UNCLOS) and transboundary issues of delineating ownership of marine resources. The author explains and compares relevant provisions and concepts under ABS and the law of the sea taking access, benefit sharing, monitoring, compliance, and dispute settlement into consideration. He also provides an overview of the implementation status of ABS-relevant measures in user states and identifies successful ABS transactions. A key unique feature of the book is to illustrate how biological databases can serve as the central scientific infrastructure to implement the global multilateral benefit sharing mechanism, proposed by the Nagoya Protocol. The research for this book was supported by both the Bremen International Graduate School for Marine Sciences (GLOMAR) and the International Research Training Group INTERCOAST – Integrated Coastal Zone and Shelf-Sea Research.

Download or read book Cries of the Sea written by Peter Bautista Payoyo and published by BRILL. This book was released on 2021-09-27 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: A treasure lies at the bottom of the oceans. This treasure takes the form of a legal and ethical principle which may illuminate the potential for an enriching international community in a world of growing disparities. It is the principle of the Common Heritage of Humanity. The 1982 United Nations Convention on Law of the Sea delineated an Area and then proclaimed the Area and its resources `the common heritage of mankind'. The author suggests that the terms `common', `heritage', and `humanity' invite a larger perspective on the law underlying the Convention. Cries of the Sea provides a unique view of `the deep blue sea' through the lens of the politics of international ocean law and policy and in particular through the exposition of the Common Heritage of Humanity as a fundamental principle of international law. The book explains why - and how - the Common Heritage principle constitutes an indispensable ingredient in any global programme for sustainable development. Legal philosophers and practitioners alike, in the ocean arena and beyond, will find that this work offers an intriguing intellectual and moral challenge. This book received the first Arvid Pardo Prize for outstanding scholarship on the Law of the Sea.

Download or read book Common Currents written by H. Jordan Diamond and published by BRILL. This book was released on 2022-07-18 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines to what extent—and to what effect—we currently manage the oceans as a global commons.

Download or read book Law Technology and Science for Oceans in Globalisation written by Davor Vidas and published by BRILL. This book was released on 2010-03-22 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses emerging challenges for the World Ocean in the Anthropocene epoch, exploring issues of illegal, unreported and unregulated fishing, illegal oil spills from ships, marine genetic resources and bioprospecting, and the continental shelf beyond 200 nautical miles.

Download or read book The African Charter on Human and Peoples Rights written by Rachel Murray and published by Oxford University Press. This book was released on 2019-02-07 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

Download or read book Common Pools of Genetic Resources written by Evanson Chege Kamau and published by Routledge. This book was released on 2013-07-18 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention on Biological Diversity (CBD) strives for the sustainable and equitable utilization of genetic resources, with the ultimate goal of conserving biodiversity. The CBD and the Nagoya Protocol which has since been elaborated suggest a bilateral model for access to genetic resources and the sharing of benefits from their utilization. There is concern that the bilateral exchange "genetic resource for benefit sharing" could have disappointing results because providers are left out of the process of research and development, benefits are difficult to be traced to sources, and providers owning the same resource may complain of being excluded from benefit sharing. Thus, the CBD objective of full utilization and equitability may become flawed. Common Pools of Genetic Resources: Equity and Innovation in International Biodiversity Law suggests common pools as a complementary approach to bilateralism. This is one of the first books to reply to a number of complex legal questions related to the interpretation and implementation of the Nagoya Protocol. Taking an inductive approach, it describes existing pools and analyzes how they are organized and how they perform in terms of joint R&D and benefit sharing. It presents case studies of the most characteristic types of common pools, provides suggestions for further developing existing pools to cope with the requirements of the CBD and NP and, at the same time uses the clauses these conventions contain to open up for commons approaches. Written by a team of expert academics and practitioners in the field, this innovative book makes a timely and valuable contribution to academic and policy debates in international environmental law, international biodiversity law, intellectual property law, climate law and the law of indigenous populations.

Download or read book The Blue Commons written by Guy Standing and published by Penguin UK. This book was released on 2022-07-07 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: A FINANCIAL TIMES BEST ECONOMICS BOOK OF 2022 'A landmark book... The Blue Commons is at once a brilliant synthesis, a searing analysis, and an inspiring call to action.' - David Bollier 'With remarkable erudition, passion and lyricism, Guy Standing commands the reader to wake up to the threat posed by rentier capitalism's violent policies for extraction, exploitation and depletion of that which is both common to us all, but also vital to our survival: the sea and all within it.' - Ann Pettifor 'Shines a bright light on the economy of the oceans, directing us brilliantly towards where a sustainable future lies.' - Danny Dorling 'This is a powerful, visionary book - essential reading for all who yearn for a better world.' - Jason Hickel The sea provides more than half the oxygen we breathe, food for billions of people and livelihoods for hundreds of millions. But giant corporations are plundering the world's oceans, aided by global finance and complicit states, following the neoliberal maxim of Blue Growth. The situation is dire: rampant exploitation and corruption now drive all aspects of the ocean economy, destroying communities, intensifying inequalities, and driving fish populations and other ocean life towards extinction. The Blue Commons is an urgent call for change, from a campaigning economist responsible for some of the most innovative solutions to inequality of recent times. From large nations bullying smaller nations into giving up eco-friendly fishing policies to the profiteering by the Crown Estate in commandeering much of the British seabed, the scale of the global problem is synthesised here for the first time, as well as a toolkit for all of us to rise up and tackle it. The oceans have been left out of calls for a Green New Deal but must be at the centre of the fight against climate change. How do we do it? By building a Blue Commons alternative: a transformative worldview and new set of proposals that prioritise the historic rights of local communities, the wellbeing of all people and, with it, the health of our oceans.

Download or read book Peaceful Order in the World s Oceans written by and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: No individual has contributed more to the stability and peaceful order in the world’s oceans in the last four decades than Satya N. Nandan. Peaceful Order in the World’s Oceans, edited by Michael W. Lodge and Myron H. Nordquist, collects original and substantive essays in his honor from eminent figures from around the world. The volume is organized into four parts. With contributions from leading statesmen and women, the first section focuses on Ambassador Nandan's unique talents and accomplishments as a diplomat. Next, a series of essays examines Nandan’s pivotal involvement in framing The United Nations Convention on the Law of the Sea and provides original topical contributions on baselines, offshore drilling and delimitation of the continental shelf. Contributions related to deep seabed mining, the establishment of the International Seabed Authority and marine scientific research are included in the third part and finally, chapters devoted to international fisheries, issues of sustainability, conservation and management are offered. Peaceful Order in the World’s Oceans will be of great interest to all those concerned with the Law of the Sea.

Download or read book MIMA Bulletin Volume 25 2 2018 written by and published by Maritime Institute of Malaysia (MIMA). This book was released on 2018-12-01 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue of the MIMA Bulletin is part of the abovementioned process of information dissemination and has a number of articles covering various aspects of the maritime domain. These include sustainability issues, social security for seafarers, the Belt and Road Initiative and the challenges it poses, as well as reports from workshops protecting the Straits of Malacca.

Download or read book The United Nations Convention on the Law of the Sea Part XI Regime and the International Seabed Authority A Twenty Five Year Journey written by Alfonso Ascencio-Herrera and published by Martinus Nijhoff Publishers. This book was released on 2022-04-19 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.