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Book
Legal aspects of the recovery of areas degraded by mining in the international seabed
Author:
ISBN: 3031124928 303112491X Year: 2023 Publisher: Cham, Switzerland : Springer Nature Switzerland AG,

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Abstract

This book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses. The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed. The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.


Book
The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey
Authors: --- --- ---
ISBN: 9789004507388 9789004507371 Year: 2022 Publisher: Leiden ;Boston Brill | Nijhoff

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"The United Nations Convention on the Law of the Sea, Part XI Regime and the International Seabed Authority: A Twenty-Five Year Journey, adopts a unique multidisciplinary approach by focusing on the legal, scientific, and economic perspectives of the United Nations Convention on the Law of the Sea and the Agreement relating to the Implementation of Part XI of the Convention. Central to its theme is raising awareness of the important role of the International Seabed Authority and how much it has achieved over the last 25 years in creating a regime for deep seabed mining. Through the rich and wide range of contributions, readers will be able to draw interesting new insight into the Authority's evolutionary work as well as its legal framework"--


Book
International environmental obligations and liabilities in deep seabed mining
Author:
ISBN: 9781108770125 1108770126 9781108488303 9781108725811 1108488307 1108803776 1108807771 Year: 2023 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge university press,

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"This book is valuable for those interested in tackling the complex legal issue of environmental protection in deep seabed mining by employing knowledge in fields of the law of the sea, international environmental law, international institutional law, and the law of State responsibility and international liability"--


Book
Sovereignty and the limits of international law : regulating areas beyond national jurisdiction
Author:
ISBN: 100098656X 1000986551 1003453287 Year: 2024 Publisher: Milton : Taylor & Francis Group,

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"The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and marine genetic resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical - are these areas beyond nation States' jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigates this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators"--


Book
Implementing Precaution in Benefit-Cost Analysis : The Case of Deep Seabed Mining
Authors: --- --- ---
Year: 2020 Publisher: Washington, D.C. : The World Bank,

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The authors wish to thank the World Bank for financial support and accesses to information sources. For many helpful comments and suggestions, the authors are also grateful to Nicholas Treich and other conferees at the European Society for Benefit-Cost Analysis first annual meeting at the Toulouse School of Economics, November 2019; Bryan Land and other participants at a World Bank stakeholder meeting in Sydney Australia, November 2018; Jonathan Wiener, of Duke University; Steve Grimsley, a Senior Geophysical Advisor, previously of Hess Corporation; and Chris Colton, founder of Hexis Energy Trading, LLC. Carl Brown-Grimm and Shu-Chuan Chiu provided essential research assistance. Notwithstanding this excellent input, the authors bear exclusive responsibility for the findings, judgements, and conclusions in this article.


Book
The international seabed authority and the pre-cautionary principle
Author:
ISBN: 9004332286 9004332278 9789004332270 9789004332287 Year: 2017 Publisher: Boston Brill Nijhoff

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With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority's obligation to protect the marine environment is being tested. In 'The International Seabed Authority and the Precautionary Principle', Aline L. Jaeckel provides the first in-depth analysis of the Authority's work in regulating and managing deep seabed minerals. This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.

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