Download or read book Determining the Standard for Liability for Environmental Harm from Deep Seabed Mining Activities written by and published by . This book was released on 2018 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Determining the Standard for Liability for Environmental Harm from Deep Seabed Mining Activities written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Environmental Liability for Deep Seabed Mining in the Area written by Keith MacMaster and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Legal Working Group on Liability for Environmental Harm from Activities in the Area written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the basic legal architecture The Legal Working Group of a liability system has been addressed in the provisions of UNCLOS, and elaborated upon by on Liability the International Tribunal for the Law of the Sea (ITLOS) in its 2011 advisory opinion on activities The working group was co-convened by CIGI, in the Area,2 there remain both substantive and ComSec and the ISA Secretariat, under the j [...] The other members of the working The Legal and Technical Commission (LTC) of group were invited, based on their expertise in the ISA identified "responsibility and liability" areas related to the international law of state as a priority deliverable in the development of responsibility and liability, the law of the sea the mining code for the exploitation stage of and international environmental la [...] The to provide the ISA Secretariat and the LTC with first day of the workshop consisted of a number a foundational understanding of the potential of presentations on legal and technical subjects legal avenues for establishing a sector-specific related to deep seabed mining and liability liability regime for deep seabed mining. [...] The allocation of responsibility of the cost of reasonable measures to prevent the and the determination of appropriate, fit-for- damage and considering any acts of failure by purpose mechanisms (for example, funds, bonds the ISA. [...] Under the IOPC carried out by the Assemblies (Administrative Funds, the recovery is applicable to the territory, Council), the Executive Committee and the the territorial waters and the exclusive economic Secretariat.
Download or read book Legal Liability for Environmental Harm written by and published by . This book was released on 2018 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Liability for Environmental Harm written by and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers in the • Tara Davenport, Research Fellow, series cover the following topics: the current legal Centre for International Law, National architecture for liability/responsibility under the University of Singapore* United Nations Convention on the Law of the Sea; • Elie Jarmache, Special Adviser on the scope of activities covered under a liability the Law of the Sea, Member, Legal regime; the r [...] The authorship of the individual papers in this series is indicated, and the 1) States are responsible for the views expressed should not be taken as being fulfilment of their international the views or position of the LWG members or obligations concerning the protection the convening institutions. [...] Article 22 of Annex III, which speaks to the responsibility and b. the protection and conservation of the liability of contractors and the ISA in connection natural resources of the Area and the with deep seabed mining activities, explicitly prevention of damage to the flora and addresses this point, noting, "Liability in every fauna of the marine environment. [...] Article conduct of its operations under this contract." 22 of Annex III specifically mentions that liability If such an approach were to be adopted in the ought to account for the contributory acts and exploitation phase, it may be useful to consider omissions of the ISA and the contractor in relation whether this wording captures the full scope of to the liability of the other, and the Exploratio [...] As a compliance.81 The question of the standard of state result, the LOSC contemplates the possibility liability was addressed directly in the advisory of the development of new rules on liability, opinion, where the ITLOS was firmly of the view whether they arise from general developments that liability "arises only from [a sponsoring state's] in public international law or specifically in the fa.
Download or read book Liability for Environmental Harm to the Global Commons written by Neil Craik and published by Cambridge University Press. This book was released on 2023-08-31 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Download or read book Compensation for Environmental Damages Under International Law written by Tarcísio Hardman Reis and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present there is no clear model under international law with which to determine compensation for environmental damage. After showing that no existing standard of compensation defined by the theory and practice of international law is adequate to cover all cases involving environmental damages - and that such a broad standard or set of standards may in fact be ultimately unachievable - the author of this important book develops a 'fair compensation' regime from an analysis of existing international dispute adjudication mechanisms, and presents this model as the best possible current approach to the conciliation of international responsibility and environmental interests.
Download or read book Corporate Liability for Transboundary Environmental Harm written by Peter Gailhofer and published by Springer Nature. This book was released on 2022-11-14 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book aims to elaborate on the legal prerequisites to establish the liability of corporations for transboundary environmental harm, not only by identifying existing liability rules, principles and standards but also by analysing their potential for further legal development. The authors consider international and transboundary liability law to currently be an underutilised tool for international environmental protection. The book seeks to address this by exploring what is needed in terms of legislative action and identifying options for judicial pliability, thereby providing an important legal contribution in furthering the development of an effective international and transnational environmental liability law regime.
Download or read book International Environmental Obligations and Liabilities in Deep Seabed Mining written by Linlin Sun and published by Cambridge University Press. This book was released on 2023-11-30 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Download or read book Responsibility to Ensure written by Xiangxin Xu and published by BRILL. This book was released on 2021-10-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Deep Seabed Hard Mineral Resources Act written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Economic Policy and Trade and published by . This book was released on 1980 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability Compensation Regimes Relating to Environmental Damage written by United Nations Environment Programme. Division of Environmental Policy Implementation and published by . This book was released on 2003 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on International Environmental Law written by Fitzmaurice, Malgosia and published by Edward Elgar Publishing. This book was released on 2021-11-12 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoroughly updated and revised second edition of this foundational Handbook combines practical and theoretical analyses to cover a wide array of cutting edge issues in international environmental law (IEL). It provides a comprehensive view of the complexity of IEL, both as a field in its own right, and as part of the wider system of international law.
Download or read book International Law and Corporate Actors in Deep Seabed Mining written by Joanna Dingwall and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Climate Change Policy in North America written by Neil Craik and published by University of Toronto Press. This book was released on 2013-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate Change Policy in North America is the first book to examine how cooperation respecting climate change can emerge within decentralized governance arrangements.
