Issues Associated With The Implementation Of Article 82 Of The United Nations Convention Of The Law Of The Sea

Author : International Seabed Authority
Publisher : ISA Technical Study
Page : 120 pages
File Size : 43,5 Mb
Release : 2009
Category : Law
ISBN : UCSD:31822036386803

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Issues Associated with the Implementation of Article 82 of the United Nations Convention of the Law of the Sea by International Seabed Authority Pdf

Potential claims to Outer Continental Shelf (OCS) areas under the 1982 United Nations Convention on the Law of the Sea, may eventually cover more than 15 million Square Kilometres of seabed. Under Article 82 of the Convention, a portion of the revenue from the extraction of non-living resources on the OCS must be disbursed through the International Seabed Authority 'on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them'. Responsibility for the implementation of Article 82 rests with the Authority and with States that exploit the non-living resources of the OCS. However, Article 82 does not address many of the specifics of how this is to be accomplished and therefore careful consideration is required of the obligation, principles and criteria for distribution of benefits, procedural aspects, the role of the Authority, the role of OCS States, and economic and temporal issues. To begin to answer these, and other, questions around the interpretation and application of Article 82, the Authority, in conjunction with the Energy, Environment and Development Programme of the Royal Institute of International Affairs (Chatham House) in the United Kingdom, convened a seminar for a group of invited experts to discuss the issues associated with Article 82. The present report, which examines the legal and policy issues associated with the implementation of Article 82, was originally prepared as a background paper for the seminar, and was subsequently extensively revised to take into account the views expressed by participants in the seminar.

Author : International Seabed Authority
Publisher : Unknown
Page : 122 pages
File Size : 49,5 Mb
Release : 2013-07-10
Category : Law of the sea
ISBN : 9768241179

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Implementation of Article 82 of the United Nations Convention on the Law of the Sea by International Seabed Authority Pdf

This Study was prepared by the Secretariat of the International Seabed Authority to provide a summary of the International Workshop on Further Consideration of the Implementation of Article 82 of the United Nations Convention on the Law of the Sea (the Convention), which was held in Beijing, China, from 26 to 30 November 2012 (Beijing Workshop), in collaboration with the China Institute for Marine Affairs (CIMA). The Workshop aimed to draw up recommendations for Article 82 implementation guidelines and the outline of a model Article 82 agreement between the ISA and an outer continental shelf (OCS) State for receiving payments and contributions. The workshop also considered the framework, process and criteria for the equitable distribution by the Authority of payments and contributions. These recommendations are intended to form the basis for further consideration of the issues associated with the implementation of Article 82 by the relevant organs of the Authority in 2013 and beyond.

Author : Alfonso Ascencio-Herrera,Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
Page : 410 pages
File Size : 52,7 Mb
Release : 2022-04-19
Category : Law
ISBN : 9789004507388

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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 by Alfonso Ascencio-Herrera,Myron H. Nordquist Pdf

This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.

Author : J. Ashley Roach
Publisher : BRILL
Page : 951 pages
File Size : 55,5 Mb
Release : 2021-03-01
Category : Law
ISBN : 9789004443532

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Excessive Maritime Claims by J. Ashley Roach Pdf

The 4th edition of Excessive Maritime Claims updates material on state practice of the law of the sea since publication of the 3rd edition in 2012 and adds new material on islands and other maritime features.

Author : David Joseph Attard,David M Ong,Dino Kritsiotis
Publisher : Oxford University Press
Page : 464 pages
File Size : 42,8 Mb
Release : 2018-07-04
Category : Law
ISBN : 9780192557469

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The IMLI Treatise On Global Ocean Governance by David Joseph Attard,David M Ong,Dino Kritsiotis Pdf

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.

Author : Virginie Tassin
Publisher : Taylor & Francis
Page : 483 pages
File Size : 52,6 Mb
Release : 2023-12-29
Category : Law
ISBN : 9780429760150

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Routledge Handbook of Seabed Mining and the Law of the Sea by Virginie Tassin Pdf

For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality. This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law. This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS. Chapter VI.1.4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

Author : Elizabeth Riddell-Dixon
Publisher : Dundurn
Page : 344 pages
File Size : 42,9 Mb
Release : 2017-04-22
Category : Political Science
ISBN : 9781459738980

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Breaking the Ice by Elizabeth Riddell-Dixon Pdf

As one of the five Arctic coastal states, Canada has a vested interest in the Arctic extended continental shelf. Breaking the Ice examines the political, legal, and scientific aspects of Canada’s efforts to delineate its Arctic extended continental shelf and our part in the international legal regime affecting it.

Author : Catherine Banet
Publisher : BRILL
Page : 637 pages
File Size : 43,7 Mb
Release : 2020-01-29
Category : Law
ISBN : 9789004391567

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The Law of the Seabed by Catherine Banet Pdf

The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.

Author : Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
Publisher : Oxford Handbooks in Law
Page : 1073 pages
File Size : 50,8 Mb
Release : 2015
Category : Law
ISBN : 9780198715481

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The Oxford Handbook of the Law of the Sea by Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens Pdf

Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.

Author : Yoshifumi Tanaka
Publisher : Cambridge University Press
Page : 684 pages
File Size : 47,7 Mb
Release : 2023-02-28
Category : Law
ISBN : 9781009035910

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The International Law of the Sea by Yoshifumi Tanaka Pdf

This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.

Author : Attri, V.N.,Bohler-Mulleris, Narnia
Publisher : Africa Institute of South Africa
Page : 496 pages
File Size : 47,6 Mb
Release : 2018-08-03
Category : Social Science
ISBN : 9780798305181

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The Blue Economy Handbook of the Indian Ocean Region by Attri, V.N.,Bohler-Mulleris, Narnia Pdf

As humanity enters the Anthropocene epoch the oceans are more at risk than ever before as a result of the increased exploitation of its resources. The Indian Ocean is the third largest ocean in the world comprising 20% of the water on the Earth's surface. The sea lanes in the Indian Ocean are among the busiest in the world with more than 80 percent of global seaborne trade in oil transiting through the Indian Ocean and its vital chokepoints and an estimated 40% of the world's offshore oil production comes from the Indian Ocean. The importance of this region cannot be underestimated and there is no doubt that there are many opportunities for economic growth and job creation presented by the waters washing the shores of the Indian Ocean Rim. In order to ensure a desirable future for humanity it is necessary to make use of the ocean’s resources in a sustainable and responsible manner. Climate change is affecting the Indian Ocean negatively, placing a strain on the ability to ensure food security and damaging the economies of small island states that depend on fisheries and aquaculture for their livelihoods. Increasing ocean temperatures and ocean acidification are taking a toll on ecosystems. This book is the first of its kind, providing fresh insights into the various aspects and impacts of the Blue Economy in the Indian Ocean Region: from shifting paradigms, to an accounting framework, gender dynamics, the law of the sea and renewable energy, this handbook aims at increasing awareness of the Blue Economy in the Indian Ocean Region and to provide evidence to policy-makers in the region to make informed decisions. The contributions are from a mixture of disciplines by scholars and experts from seven countries.

Author : International Ocean Institute - Canada
Publisher : BRILL
Page : 590 pages
File Size : 53,9 Mb
Release : 2018-09-17
Category : Law
ISBN : 9789004380271

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The Future of Ocean Governance and Capacity Development by International Ocean Institute - Canada Pdf

The International Ocean Institute – Canada has compiled more than 80 insightful essays on the future of ocean governance and capacity development, based largely on themes of its Training Program at Dalhousie University in Canada, to honor the work of Elisabeth Mann Borgese (1918-2002).

Author : H. Jordan Diamond,Holly Doremus,Hee Cheol Yang
Publisher : BRILL
Page : 224 pages
File Size : 53,9 Mb
Release : 2022-07-18
Category : Law
ISBN : 9789004514218

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Common Currents by H. Jordan Diamond,Holly Doremus,Hee Cheol Yang Pdf

This book examines to what extent—and to what effect—we currently manage the oceans as a global commons.

Author : Edwin Egede
Publisher : Springer Science & Business Media
Page : 301 pages
File Size : 47,7 Mb
Release : 2011-03-22
Category : Law
ISBN : 9783642176623

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Africa and the Deep Seabed Regime: Politics and International Law of the Common Heritage of Mankind by Edwin Egede Pdf

This book seeks to fill a gap in the existing literature by examining the role of African States in the development and establishment of the regime of the deep seabed beyond national jurisdiction (the Area) and the concept of the Common Heritage of Mankind.

Author : Joanna Mossop
Publisher : Oxford University Press
Page : 305 pages
File Size : 45,8 Mb
Release : 2016
Category : Continental shelf
ISBN : 9780198766094

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The Law Applicable to the Continental Shelf Beyond 200nm by Joanna Mossop Pdf