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Routledge Handbook of Seabed Mining and the Law of the Sea

Routledge Handbook of Seabed Mining and the Law of the Sea

Author: Virginie Tassin Campanella
Publisher: Routledge
ISBN: 9781138387614
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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To meet the high demand of green technologies and provide an answer to global warming, an emerging industry plans to extract new offshore minerals at depths greater than before.

In general, access and use of seabed resources have been a central concern of States since the end of the Second World War. First mainly focused on oil and gas, their interest is now turning to rich mineral deposits laying in the deep seabed of the ocean under the form of polymetallic nodules, hydrothermal sulphides and cobalt-rich manganese crusts. Regulated by the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the related 1994 Implementing Agreement on Part XI, exploration of these new minerals is already underway since years and their exploitation within and outside national jurisdiction might be closer than expected.

While exploitation might benefit some, growing concerns are being raised by part of the civil society, private sector, international and regional organisations, as well as States. Indeed, not only these activities will be deployed in marine environments where ecosystems and biodiversity are poorly understood, they will also face significant challenges in their conduct and monitoring. Last but not least, they will be mostly carried out in developing countries with fragile economies heavily relying on the health of their marine environment.

To help understanding the complexity of the legal challenges surrounding the mining of minerals on the continental shelf and the Area, the book "Seabed mining and the law of the sea" gathers research chapters and an extensive review and analysis of regional and national practices from both States Parties and non-Party States to UNCLOS. By doing so, it brings attention to the current state of regulation of seabed mining activities at national, regional and international levels and related issues posed by the prospects of exploitation.

This multi-disciplinary book is targeting those involved in regulating, operationalizing and /or commercializing the seabed mining industry. It will prove to be an invaluable resource to anyone willing to discover or gain knowledge of this controversial topic.

Introduction Virginie Tassin Campanella

Global perspectives

I.1 The scientific challenges of deep-sea mining

Walter Roest, Malcom Clark and Harald Brekke

I.2 The common heritage of mankind under international law: an overview

Nilufer Oral

I.3 Implementing the precautionary approach for seabed mining: a review of State practice

Robert Makgill, Aline Jaeckel and Keith MacMaster

State Party rights, obligations and responsibility

II.1 State rights and obligations of States on the continental shelf and the Area

Virginie Tassin Campanella, Yacouba Cissé and Dire Tladi

II.2 State responsibility for deep seabed mining obligations

Cymie Payne

The continental shelf

III.1 The extension of sovereign rights beyond 200 nautical miles

Øystein Jensen and Bjarni Mar Magnussen

III.2 The Article 82 conundrum: implementing payment for the exploitation of the continental shelf beyond 200 nautical miles

Clive Schofield and Joanna Mossop

The Area

IV.1 The Area and the role of the International Seabed Authority

Aline Jaeckel　

IV.2 The common heritage quandary: devising a global payment regime for exploitation activities in the deep seabed Area

Joanna Dingwall

IV.3 Upcoming challenges for the International Seabed Authority

Frida Armas Pfirter

Dispute Settlement

V.1 Dispute settlement and seabed mining in the Area

Tullio Treves

V.2 Dispute settlement and rights of participation in deep seabed mining disputes

James Harrison and Alberto Pecoraro

V.3 Mining the bottom of the sea: potential future disputes and the role of the International Tribunal for the Law of the Sea

Monica Feria-Tinta and Maurice Kamga

Regional and national practice

VII.1 Regional practice

VI.1.1 Africa and seabed mining

Edwin Egede

VI.1.2 Antarctica and seabed mining

Leopoldo Godio

VI.1.3 Arctic and seabed mining

Kristine Dalaker Kraabel and Hilde Woker

VI.1.4 The European Union and seabed mining

Pradeep Singh, Virginie Tassin Campanella, Frank Maes

VI.1.5 The Pacific Islands region and seabed mining

Cameron Diver

VI.1.6 South American region and seabed mining

Eduardo Jimenez Pineda

VI.1.7 Southeast Asia and seabed mining

Tara Davenport

VI.2 National practice

VI.2.1 Brazil and seabed mining

Carina Costa de Oliveira and Ana Flavia Barros Platiau

VI.2.2. Belgium and seabed mining

Klaas Willaert and Frank Maes

VI.2.3 Colombia and seabed mining

Esteban Restrepo Uribe

VI.2.4 Germany and seabed mining

Nele Matz-Lück

VI.2.5 Guyana and seabed mining

Buba Bojang and Donnette Streete

VI.2.6 Iceland and seabed mining

Bjarni Mar Magnussen

VI.2.7 India and seabed mining

Ipshita Chaturvedi Sadhale

VI.2.8 Ivory Coast and seabed mining

Yacouba Cisse

VI.2.9 Korea and seabed mining

Hyun Jung Kim

VI.2.10 Mauritius and seabed mining

Edwin Egede

VI.2.11 Mozambique and seabed mining

Estevao Stefane Mahanjane

VI.2.12 Portugal and seabed mining

Mariana Neves and Pedro Madureira

VI.2.13 New Zealand and seabed mining

Robert Makgill and Elizabeth Macpherson

VI.2.14 The United Kingdom and seabed mining

James Harrison

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