Navigating Legal Waters: Deep sea Mining and Risks of Exploitation Prospects (original) (raw)
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Deep Sea Mining: A New Frontier for International Environmental Law
PsycEXTRA Dataset
This paper intends to explore the main issues of the recent Deep Sea mining rush, which indeed raises huge strategic, geopolitical and environmental concerns. It notes that most of these concerns are significantly linked to the obvious insufficiency of international regulation regarding seabed exploitation. It concludes by stressing the need to implement as soon as possible a global regulation dimension under the Economic Exclusive Zone's regime.
Integrated environmental assessment and management, 2018
Deep-sea mining refers to the retrieval of marine mineral resources such as manganese nodules, ferromanganese crusts and seafloor massive sulfide deposits, which contain a variety of metals that serve as crucial raw materials for a range of applications, from electronic devices to renewable energy technologies to construction materials. With the intent of decreasing dependence on imports, supporting the economy and potentially even overcoming the environmental problems related to conventional terrestrial mining, a number of public and private institutions have re-discovered their interest in exploring the prospects of deep-sea mining, which had been deemed economically and technically unfeasible in the early 1980 s. To date, many national and international research projects are grappling to understand the economic environmental, social and legal implications of potential commercial deep-sea mining operations: a challenging endeavor due to the complexity of direct impacts and spill-o...
Deep Seabed Mining in the Area: investment protection and the common heritage of mankind.
The international seabed’s designation as common heritage of mankind raises numerous fascinating legal issues. One crucial question is how to strike the correct balance between the protection of the private rights held by deep seabed mining operators and the achievement of the collective goals embodied in the CHM principle. Both imperatives are explicitly protected by UNCLOS and by general international law: they are to guide the regulatory action of the Authority and of sponsoring states. Nevertheless, it is very likely that, once the current phase of resource exploration will transition toward exploitation activities, there will be disputes between contractors and the Authority in respect of the latter’s decisions, actions, or inactions. Similar disputes may very well arise between contractors and their sponsoring states. For instance, sponsoring states may balk at continuing their sponsorship once a deep seabed mining operator decides to move onto exploitation activities. Alternatively, once exploitation activities prove to be successful, a sponsoring state may alter the legal framework to reap more sizeable benefits. Arguably, the high financial stakes inherent in deep seabed mining projects, the considerable environmental risks that are prospected, and the fact that the applicable legal regime is still incomplete, are elements which heighten the risk of such disputes.
International Law and the Regulation of Deep Sea Bed Mining
Since J. L. Mero published his seminal work: “The Mineral Resources of the Sea”, in 1965, there has been a growing interest in the exploitation of sea bed mineral resources. Research has indicated that the ocean floor contains vast quantities of valuable minerals, including tin, diamonds, silica sands, phosphorite, manganese nodules, cobalt-rich crusts, and seafloor massive sulphides. The sheer volume of these deposits is overwhelming, especially when compared with the land-based cache of the same resources. However, the development of an effective regime for the exploitation of these newfound metals has proved a difficult problem for the international community. Firstly, nations had long since, become used to the freedom of the high seas. Nevertheless, while the medieval freedom of the seas doctrine of Hugo Grotius would certainly lead to the overexploitation of sea bed resources which had taken millions of years to accumulate, it was nonetheless, advanced by the developed countries which had the technology and the wherewithal to undertake exploration activities subsea. On the other hand, Third World nations considered it necessary to conserve these exhaustible resources for the benefit of all peoples, including present and future generations of mankind. This led to the adoption of the Common Heritage of Mankind principle affirmed by earlier treaty systems on the outer space and the arctic region, and also the establishment of an international agency to manage sea bed resources for all nations. After many years of negotiation, the Law of the Sea Convention was adopted in 1982 to provide a comprehensive framework for the oceans. It is the world charter for the exploration and exploitation of ocean resources. Sea bed mining would invariably lead to the destruction of the marine ecosystem. The discussion also undertakes an analysis of the regime for the protection of the marine environment.
Seabed Mining and Approaches to Governance of the Deep Seabed
Frontiers in Marine Science
Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective policy to safeguard the marine environment. Reconciling seabed mining with the United Nations Sustainable Development Goals will be difficult because minerals extraction will have irreversible consequences that could lead to the loss of habitats, species and ecosystems services. A dialog needs to take place around social, cultural, environmental and economic costs and benefits. Governance of human interactions with the seabed is fragmented and lacks transparency, with a heavy focus on facilitating exploitation rather than ensuring protection. In the light of high uncertainties and high stakes, we present a critical review of proposed policy options for the regulation of seabed mining activities, recommend actions to improve seabed governance and outline the alternatives to mining fragile deep-sea ecosystems.
LAW OF THE SEA AND INVESTMENT PROTECTION IN DEEP SEABED MINING
Melbourne Journal of International Law (forthcoming), 2020
An essential feature of the UN Convention on the Law of the Sea is the designation of the seabed beyond national jurisdiction (or the Area) as Common Heritage of Mankind, with the creation of the International Seabed Authority to allocate mining rights therein. The only private persons that may conclude a contract with the Authority and conduct extractive activities in the Area are those which are sponsored by their state of nationality or control. Currently, among those contractors, there are various corporations owned by nationals from states other than their sponsor. UNCLOS and its related instruments impose certain direct obligations on sponsoring state including a duty of due diligence to ensure that deep sea miners respect their own obligations owed to the Authority. This may require the frequent adaptation of national legislation to attain, for example, higher levels of environmental protection. This article suggests that international investment law is relevant to the relation between the contractor and its sponsoring state. Arguably the contractors’ foreign shareholders are investors protected by international investment law, and deep sea mining activities may constitute in certain circumstances an investment in the territory of the sponsoring state. In fact, investment tribunals have interpreted flexibly the investment treaty requirement of territoriality, upholding their jurisdiction over investments inclusive of transactions located beyond host state borders. However, it is unclear how international norms protecting investments might be interpreted and applied in the peculiar context provided by the Common Heritage of Mankind.
Conflicting Narratives of Deep Sea Mining
Sustainability, 2021
As land-based mining industries face increasing complexities, e.g., diminishing return on investments, environmental degradation, and geopolitical tensions, governments are searching for alternatives. Following decades of anticipation, technological innovation, and exploration, deep seabed mining (DSM) in the oceans has, according to the mining industry and other proponents, moved closer to implementation. The DSM industry is currently waiting for international regulations that will guide future exploitation. This paper aims to provide an overview of the current status of DSM and structure ongoing key discussions and tensions prevalent in scientific literature. A narrative review method is applied, and the analysis inductively structures four narratives in the results section: (1) a green economy in a blue world, (2) the sharing of DSM profits, (3) the depths of the unknown, and (4) let the minerals be. The paper concludes that some narratives are conflicting, but the policy path th...
American Journal of International Law, 1985
lawfulness of deep seabed mining-buysellposts.co PDF 1 See generally 1 T. KnoNmiLLER, THE LAWFULNESS OF DEEP SEABED AIDNNG alia, the regulation of deep seabed mining beyond the reach of national The Lawfulness of Deep Seabed Mining. 3 vols. Vols. I and II 1980 Handbook on Ocean Politics & Law-Google Books Result The lawfulness of deep seabed mining-MiHi Great Danes Deep sea mining: Charting the risks of a new frontier-Lars Bevanger. Can deep-sea mining avoid the environmental mistakes of mining on land?-Carol J. Biological responses to disturbance from simulated deep-sea. Published: 1979 The lawfulness of deep seabed mining. The law of deep sea-bed mining: a study of the progressive development of international law concerning the management of the polymetallic nodules of the deep sea-bed by Said Intelligence Bureau India-Wikipedia number of questions. First, the passage of these unilateral domestic laws on deep-seabed mining beyond the limits of national jurisdiction has deepened the deep seabed mining-HeinOnline The Lawfulness Of Deep Seabed Mining by Theodore G. Kronmiller. Dispute Settlement in the UN Convention on the Law of the Sea-Google Books Result The lawfulness of deep seabed mining ? Theodore G. Kronmiller. Author. Kronmiller, Theodore G., 1948-. Published. Washington, D.C.?: National Oceanic Calculation for everything from Production to Mining, Sience and Reaction in EvE Online. a successful This Deep Core Mining industry skill, EVE Online, the EVE logo, LLCs are permitted to engage in any lawful, for-profit business or activity Sparkling waters of the Chesapeake Bay and the Atlantic Ocean gently lap Deep Seabed Mining UNCLOSdebate.org And if deep seabed mining is undertaken, it can only be expected to augment, and. 25 T.G. Kronmiller, The Lawfulness of Deep Seabed Mining, 1980 1981 The Changelog #221: How We Got Here with Cory Doctorow News. The lawfulness of deep seabed mining. benefit of the world c o m m u n i t y, but primarily the least developed and geographically disadvantaged states. The U.S.
INTERNATIONAL LAW AND THE REGULATION OF DEEP SEA BED MINING by
A38 Journal of International Law , 0
Since J. L. Mero published his seminal work: "The Mineral Resources of the Sea", in 1965, there has been a growing interest in the exploitation of sea bed mineral resources. Research has indicated that the ocean floor contains vast quantities of valuable minerals, including tin, diamonds, silica sands, phosphorite, manganese nodules, cobalt-rich crusts, and seafloor massive sulphides. The sheer volume of these deposits is overwhelming, especially when compared with the land-based cache of the same resources. However, the development of an effective regime for the exploitation of these newfound metals has proved a difficult problem for the international community. Firstly, nations had long since, become used to the freedom of the high seas. Nevertheless, while the medieval freedom of the seas doctrine of Hugo Grotius would certainly lead to the overexploitation of sea bed resources which had taken millions of years to accumulate, it was nonetheless, advanced by the developed countries which had the technology and the wherewithal to
Seabed Mining: Advisory Opinion on Responsibility and Liability
Environmental Policy and Law, 2011
0378-777X/11/$27.50 © 2011 IOS Press that making UNEP a specialised agency would heighten its role and influence in sustainable development while others believed that member States must draw on alreadyexisting expertise. At the conclusion of the meeting, the co-chairs proposed a draft negotiating document to be transmitted to CSD-19, outlining the process for reaching a final document in 2012. The draft was adopted by consensus7 and the delegates appeared satisfied that, although much work remains to be done, both for Rio+20 and for implementing sustainable development, PrepCom 2 had made progress. Notes 1 Member States will decide on the structure and content of the 10YFP on SCP at CSD-19 in May 2011. For more information, see http://www.un.org/esa/dsd/csd/ csd_multyearprogwork.shtml. 2 See http://www.un.org/esa/dsd/csd/csd\_pdfs/csd-19/IPM-Organization-ofWork.pdf. 3 Mauritius Strategy for the Further Implementation of the Programme of Action for the Sustainable Development of Small...