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 International Environmental Obligations and Liabilities in Deep Seabed Mining written by and published by . This book was released on 2018 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Revised U S Deep Seabed Mining Policy Reflects UNCLOS and Other International Environmental Law Obligations written by Lawrence A. Kogan and published by . This book was released on 2013 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Deep Sea Mining Balancing Environmental Concerns with Renewable Energy Needs written by Nandini Goel and published by Nandini Goel. This book was released on 2024-08-15 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: (This book is Part I in the Regulatory Dilemma Series which tries to address the question of 'How much Regulation?') This part I of the Regulatory Dilemma Series deals specifically with the issue of Deep-Sea Mining. Mining deep sea minerals can serve a lot of growing energy needs, especially renewable energy demands to fuel electrical vehicles. But they are an environmental hazard to the marine ecosystem. UNCLOS under Part XI on Deep Sea Mining and other International Law principles emphasize on Equitable Sharing and Technology Transfer which is not amenable to a lot of companies and countries like USA. Interestingly, no exploration or mining contract for Deep Sea Mining can be given to a private company without being sponsored by a Sponsoring State guaranteeing compliance with the UNCLOS obligations and corresponding liabilities and other requirements. This raises an interesting question in relation to US Companies as US is currently not a signatory to Part XI of UNCLOS. This part will look at the recent developments at the International Level and internally within various nation states and try to figure a way out of this Regulatory Dilemma related to Deep Sea Mining.
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 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 Liability for Environmental Harm from Deep Seabed Mining Activities written by and published by . This book was released on 2019 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 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.
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 Liability for Environmental Harm from Deep Seabed Mining Activities written by and published by . This book was released on 2019 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Download or read book Global Commons and the Law of the Sea written by Keyuan Zou and published by BRILL. This book was released on 2018-08-13 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Global Commons’ refers to resource domains or areas that lie outside of the political reach of any one State, including sea areas beyond national jurisdiction and Antarctica. The concept of ‘global commons’ is a living concept and can accommodate, over time, other commons at the international level, such as biodiversity and generic resources. The outlook for the global marine commons is not encouraging: fishery resources continue to deplete, marine biodiversity continues to reduce, and plastic wastes in the oceans continue to increase. In international law, there are legal regimes governing global marine commons, the most important of which is the 1982 United Nations Convention on the Law of the Sea (LOSC). Effective as of 1994 LOSC governs the high seas, international seabed and its resources, marine environmental protection, and fisheries. Global Commons and the Law of the Sea offers intellectual discussions on global marine commons. It contains six parts respectively addressing the principle of the common heritage of mankind (CHM), freedoms of high seas, deep sea mining and international seabed, area beyond national jurisdiction (ABNJ) governance, management of geoengineering and generic resources, and recent developments in the polar regions.
Download or read book Deep Seabed Mining and the Law of the Sea written by United States. Congress. House. Committee on International Relations. Subcommittee on International Organizations and published by . This book was released on 1977 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Issues of Deep Sea Mining written by Rahul Sharma and published by Springer. This book was released on 2019-05-07 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses environmental issues associated with deep-sea mining, with an emphasis on potential impacts, their consequences and the policy perspectives. The book describes the methods and technologies to assess, monitor and mitigate mining impacts on marine environments, and also suggests various approaches for environmental management when conducting deep-sea mining. The volume brings together information and data for researchers, contractors, mining companies, regulators, and NGOs working in the field of deep-sea mining. Section 1 highlights the various environmental issues and discusses methods and approaches that can help in developing environmentally sustainable deep-sea mining. Section 2 details the results and outcomes of studies related to impact assessment of deep-sea mining, and proposes methods for monitoring. Section 3 discusses the need and means for developing data standards and their application to deep-sea mining. Section 4 discusses the policies, approaches, and practices related to deep-sea mining, suggests formats for developing environmental impact statements (EIS) and environmental management plans (EMP), and describes national and international regulations for environmental management. Section 5 concludes the text by putting deep-sea economic activities into an environmental context and conducting techno-economic analyses of deep-sea mining and processing.
Download or read book Sovereignty Over Natural Resources written by Nico Schrijver and published by Cambridge University Press. This book was released on 1997 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern international law, permanent sovereignty over natural resources has come to entail duties as well as rights. This study analyses the evolution of permanent sovereignty from a political claim to a principle of international law, and examines its significance for a number of controversial issues such as peoples' rights, nationalization and environmental conservation. Although political discussion has long focused on the rights arising from permanent sovereignty, Dr. Schrijver argues that this has been at the expense of the consideration of the corollary obligations in also entails. His book thus identifies new directions sovereignty over natural resources has taken in an increasingly interdependednt world and demonstrates its relevance to current debate on foriegn-investment regulation, the environment, and sustainable development -- Back cover.
Download or read book The International Seabed Authority and the Precautionary Principle written by Aline L. Jaeckel and published by BRILL. This book was released on 2017-01-10 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.
Download or read book The Lawfulness of Deep Seabed Mining written by Theodore G. Kronmiller and published by . This book was released on 1980 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume set discusses the compatibility of deep ocean mining with existing and emerging international law and the influence of the politics and economics of the North-South Dialogue.
