The Lawfulness of Deep Seabed Mining. 3 vols. Vols. I and II (1980) by Theodore G. Kronmiller. Vol. III (1981) by Theodore G. Kronmiller and G. Wayne Smith. London, Rome, New York: Oceana Publications, Inc. Vol. I: pp. xix, 521; vol. II: pp. iii, 460. Index. Vol. III: pp. xi, 556. $40/vol (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.
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.
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...
Navigating Legal Waters: Deep sea Mining and Risks of Exploitation Prospects
Navigating Legal Waters: Deep sea mining and risks of exploitation prospects, 2023
Legal perspectives on Deep sea mining in areas within and beyond national jurisdiction, with a specific focus on sustainability, the concept and implementation of the blue economy, and associated legal risks for States and private actors. Article published in the online magazine "Sooo" published and distributed at the 2023 session Arendalsuka (the small Davos for Norway) to alert on deep sea mining associated risks for Norway.
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
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.
Municipal legislation for exploitation of the deep seabed
Ocean Development & International Law, 1980
This study traces the evolution of municipal legislation for the deep seabed in the United States of America and the Federal Republic of Germany, and considers what the United States seeks to gain and what it may possibly lose through its recent enactment of the Deep Seabed Hard Mineral Resources Act. The study concludes that the Deep Seabed Hard Mineral Resources Act will ensure for the United States that the minerals of the deep seabed are (if they can be) available when needed, and will strengthen the negotiating position of the United States in UNCLOS III vis-a-vis a proposed seabed regime which it perceives as inefficient toward the development of manganese nodules, and unacceptable in the system of governance it promotes. Passage of the Act, it is concluded, will probably not result in a breakdown of the Law of the Sea negotiations. It is thought it will give rise to a legal challenge, the outcome of which is difficult to predict. Finally, it is asserted that political/economic opposition to the Act will be mitigated by the reasonableness of the Act, its provision for delayed implementation, and the desire of many nations to conclude a successful Law of the Sea Treaty.
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.
Routledge Handbook of Maritime Regulation and Enforcement (Routledge, London & New York 2016), 2016
This paper is the final draft of the following chapter on deep seabed mining found under the following citation - Makgill, R. and Linhares, AP., ‘Chapter 15: Deep Seabed Mining – Key Obligations in the Emerging Regulation of Exploration and Development in the Pacific’, in Warner, R. and Kaye, S. (eds.) Routledge Handbook of Maritime Regulation and Enforcement (Routledge, London & New York 2016) 231 to 261. Keep an eye of for the following forthcoming publication - Makgill, R. and Tassin, V. Deep Sea Mining & the Law of the Sea (Routledge, London & New York 2019).