The Law Of The Seabed

Author : Catherine Banet
Publisher : BRILL
Page : 637 pages
File Size : 40,7 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 : Alfonso Ascencio-Herrera,Myron H. Nordquist
Publisher : Martinus Nijhoff Publishers
Page : 410 pages
File Size : 52,9 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 : Joanna Dingwall
Publisher : Oxford University Press
Page : 321 pages
File Size : 51,6 Mb
Release : 2021
Category : Law
ISBN : 9780192898265

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International Law and Corporate Actors in Deep Seabed Mining by Joanna Dingwall Pdf

The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.

Author : Donald Rothwell,Alex G. Oude Elferink,Karen Nadine Scott,Tim Stephens
Publisher : Oxford Handbooks in Law
Page : 1073 pages
File Size : 53,9 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 : Edwin Egede
Publisher : Springer Science & Business Media
Page : 271 pages
File Size : 45,6 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 : Roderick Ogley
Publisher : Unknown
Page : 558 pages
File Size : 44,8 Mb
Release : 1975
Category : Law
ISBN : STANFORD:36105044613771

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Whose Common Heritage by Roderick Ogley Pdf

Author : U. N. Gupta
Publisher : Atlantic Publishers & Dist
Page : 308 pages
File Size : 53,6 Mb
Release : 2005
Category : Law of the sea
ISBN : 8126904089

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The Law of the Sea by U. N. Gupta Pdf

The Book, The Law Of The Sea, With An Introduction By Professor U.N. Gupta, Is Designed To Meet The Needs And Requirements Of Scholars Of International Law And International Relations; Professionals Engaged In Merchant Shipping Or Connected With Naval Forces And The Policy Makers Of Different States Who Want To Know About National Interests In The Seas, Among Others. Necessarily, The Book Presents In Depth The Various Forms And Aspects Of Human Interests Involved When The States Do Or Do Not Have A Sea Coast. This Study Encompasses A Period Of About Six Centuries And Is Dotted With Conflict Of Claims Made By Kings And States From Time To Time, Various Mutual Understandings Made, Treaties Or Conventions Signed By Them, Or Customary International Law Relating To The Sea As It Gradually Developed By Consensus Or By Sufferance. The Sea Has Provided An Easy Method Of Navigation For Trade Or Empire Building Purposes. The Various Parts Of The Sea, Like Bays, Gulfs Or Territorial Sea Got Defined In The Process. This Part Of The Law Of Sea Which Is History-Based And Mainly Customary Has Been Included In The Introduction Part Of The Book. With The Technological Advancements Made For Winning The Second World War, The Victorious Powers Saw The Vast Economic Potential For Exploitation Presented To Them By The Widespread Ocean Wealth. This Capability And Future Prospects Gave Copernican Turn To Customary Law Of The Sea As It Was Till The End Of Second World War. The New Competitive Wave Set In Motion By The Two Unilateral Proclamations By The Usa In 1945 Resulted In The Overhauling Of The Law Of Sea By The Four 1958 Geneva Conventions On The Law Of Sea. The Introduction And The Appendices To The Book Give The Rationale, Substance And The Texts Of These Developments. These Also Lead To Various International Understands, Conventions And Treaties Made For Peaceful Uses Of The Seas By The States. The Important Use Of The Seas For Extraction Of Sea Wealth Gave Rise To Further Demands On The Law Of Sea In 1960S And 1970S Leading To The Iii United Nations Conferences On The Law Of Sea. The Culminated Comprehensive 1981 Un Convention On The Law Of Sea After Long Drawn Consensus Procedures By All The States Of The World, Coastal Or Non-Coastal, Is In Various Ways Studied In The Book And The Text Of 1981 Convention On The Law Of Sea Has Been Included In Its Appendices.

Author : Øystein Jensen
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 45,9 Mb
Release : 2020-08-28
Category : Law
ISBN : 9781839104268

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The Development of the Law of the Sea Convention by Øystein Jensen Pdf

The UN Convention on the Law of the Sea (UNCLOS) entered into force in November 1994. This insightful book offers in-depth appraisals of the contributions of jurisprudence to this major achievement of international law, tracing the impact that courts and tribunals have had on the development and clarification of various provisions of UNCLOS over the past quarter-century.

Author : Virginie Tassin
Publisher : Taylor & Francis
Page : 483 pages
File Size : 49,8 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 : Aline L. Jaeckel
Publisher : BRILL
Page : 382 pages
File Size : 44,6 Mb
Release : 2017-01-10
Category : Law
ISBN : 9789004332287

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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.

Author : A.M. Post
Publisher : BRILL
Page : 382 pages
File Size : 40,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004478213

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Deepsea Mining and the Law of the Sea by A.M. Post Pdf

Author : Shigeru Oda
Publisher : BRILL
Page : 348 pages
File Size : 55,6 Mb
Release : 2022-07-04
Category : Law
ISBN : 9789004482401

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The Law of the Sea in Our Time by Shigeru Oda Pdf

Author : Ram Prakash Anand
Publisher : BRILL
Page : 422 pages
File Size : 55,8 Mb
Release : 1978
Category : Law of the sea
ISBN : 9024723663

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Law of the Sea by Ram Prakash Anand Pdf

Author : Myron Nordquist
Publisher : BRILL
Page : 512 pages
File Size : 41,7 Mb
Release : 2011-08-25
Category : Law
ISBN : 9789004190054

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United Nations Convention on the Law of the Sea 1982, Volume VII by Myron Nordquist Pdf

This is the seventh and final volume of the most authoritative reference on the Third United Nations Convention on the Law of the Sea (UNCLOS III, 1973-1982). The volume provides the original text of the 1982 convention as fully integrated with the provisions of the 1994 Agreement on the Implementation of XI, in addition to an extensive subject index to Volumes I through VI of the series.

Author : James Harrison
Publisher : Oxford University Press
Page : 353 pages
File Size : 49,6 Mb
Release : 2017
Category : Law
ISBN : 9780198707325

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Saving the Oceans Through Law by James Harrison Pdf

The protection of the marine environment is an important challenge for the international community. Harrison critically assesses the role of international law, highlighting key developments in treaties and legal rules, but also pointing to the need for greater coordination and stronger enforcement mechanisms