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Title
Regulating deep sea mining : a myriad of legal frameworks / Klaas Willaert.
ISBN
9783030828349 (electronic bk.)
3030828344 (electronic bk.)
9783030828332
3030828336
Published
Cham : Springer, [2021]
Copyright
©2021
Language
English
Description
1 online resource (v, 56 pages)
Other Standard Identifiers
10.1007/978-3-030-82834-9 doi
Call Number
KZA1370 .W55 2021
Dewey Decimal Classification
341.4/55
Summary
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.
Bibliography, etc. Note
Includes bibliographical references.
Access Note
Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed September 9, 2021).
Series
SpringerBriefs in law.
Intro
Contents
1 Introduction
References
2 The Deep Sea Mining Regime in the Area
References
3 The Deep Sea Mining Regime on the Continental Shelf
References
4 Problematic Issues and Considerations
4.1 Alignment Between the Regimes of the Area and the Continental Shelf
4.1.1 Environmental Aspects
4.1.2 Financial Aspects
4.2 Rights and Obligations of Non-States Parties
4.3 Forum Shopping and Related Issues
4.4 Transparency and Public Participation
4.5 Traditional Visions and Dimensions
References
5 Conclusion.
