The International Seabed Authority And The Precautionary Principle
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The International Seabed Authority and the Precautionary Principle by Aline L. Jaeckel Pdf
In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.
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.
Protecting the Oceans Beyond National Jurisdiction by Robin Warner Pdf
This volume examines the threats to the marine environment beyond national jurisdiction from existing and emerging human uses and the adequacy of current international law provisions to protect this major part of the global environment.
The Precautionary Principle in the Law of the Sea by Simon Marr Pdf
The content and status of the precautionary principle remains highly debated and various questions arise, such as its status as a rule of customary international law, including its scope, addressee, triggering threshold, precautionary action measures, and eventually limits of the principle. Thus, this book examines the present state of affairs regarding the implementation of the principle in the law of the sea in different sectors, e.g. pollution of the marine environment, conservation and management of living marine resources, and transboundary transports of radioactive and hazardous wastes. In addition, it extracts evidence of its acceptance as part of customary international law, and indicates that below this level there is also an emerging practice of international law of applying the precautionary principle in a common way.
A Dual Approach to Ocean Governance by Yoshifumi Tanaka Pdf
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.
The International Seabed Authority Collection by International Seabed Authority Pdf
The seabed and ocean floor, as well as the subsoil, that are beyond the limits of any national jurisdiction are governed by the UN Convention on the Law of Sea. This area, some 200 nautical miles from baselines along the shore into the ocean, is subject to international regulation. In some cases, this distance is 350 nautical miles offshore, depending on the natural prolongation of the continental shelf of the territory concerned. The International Seabed Authority and its parties are in charge of organizing and controlling this area, especially with regard to the distribution of mineral-related resources. Established under the UN Convention on the Law of the Sea in 1994, the International Seabed Authority is an autonomous international organization with a headquarters in Kingston, Jamaica. The basic Agreements and Treaties governing the establishment of the International Seabed Authority and its work are presented in Volume 1 and Volume 2 of this series. In future volumes, the annual sessions will be presented in chronological order, making the collection useful for anyone working in the area of maritime law.
The International Seabed Authority Collection by International Seabed Authority Pdf
The seabed and ocean floor, as well as the subsoil that are beyond the limits of any national jurisdiction, are governed by the UN Convention of the Law of Sea. This area, some 200 nautical miles from baselines along the shore into the ocean, is subject to international regulation. In some cases, this distance is 350 nautical miles offshore, depending on the natural prolongation of the continental shelf of the territory concerned. The International Seabed Authority and its parties are in charge of organizing and controlling this area, especially with regard to the distribution of (mineral related) resources. Established under the UN Convention on the Law of the Sea in 1994, the International Seabed Authority is an autonomous international organization with a headquarters in Jamaica (Kingston). In this multi-volume collection, the basic agreements and treaties governing the establishment of the International Seabed Authority and its work were presented in Volume I and Volume II. In this Volume III, the annual session from 1995-1996 are presented, making the collection useful for anyone working in the area of maritime law.
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.
Science-Based Lawmaking by Dionysia-Theodora Avgerinopoulou Pdf
The Book takes the approach of a critique of the prevailing international environmental law-making processes and their systemic shortcomings. It aims to partly redesign the current international environmental law-making system in order to promote further legislation and more effectively protect the natural environment and public health. Through case studies and doctrinal analyses, an array of initial questions guides the reader through a variety of factors influencing the development of International Environmental Law. After a historical analysis, commencing from the Platonic philosophy up to present, the Book holds that some of the most decisive factors that could create an optimized law-making framework include, among others: progressive voting processes, science-based secondary international environmental legislation, new procedural rules, that enhance the participation in the law-making process by both experts and the public and also review the implementation, compliance and validity of the science-base of the laws. The international community should develop new law-making procedures that include expert opinion. Current scientific uncertainties can be resolved either by policy choices or by referring to the so-called „sound science.“ In formulating a new framework for environmental lawmaking processes, it is essential to re-shape the rules of procedure, so that experts have greater participation in those, in order to improve the quality of International Environmental Law faster than the traditional processes that mainly embrace political priorities generated by the States. Science serves as one of the main tools that will create the next generation of International Environmental Law and help the world transition to a smart, inclusive, sustainable future.
In Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice, Xiangxin Xu examines how and to what extent the sponsoring State implements its primary responsibility by enacting national legislation, taking China’s legislation as an example.
Research Handbook on International Marine Environmental Law by Rosemary Rayfuse,Aline Jaeckel,Natalie Klein Pdf
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment. Chapters critically engage with current legal issues surrounding activities that harm the marine environment, including marine pollution, seabed activities, exploitation of marine biodiversity and climate change, and with the different legal tools and mechanisms, including environmental impact assessments and compliance and dispute settlement mechanisms, used to protect the marine environment. New chapters also address legal issues relating to the role of technology and marine scientific research as well as the application of principles such as public participation. This title contains one or more Open Access chapters.
