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

Short description:

This book gathers research chapters and an extensive review and analysis of regional and national practices from both States Parties and non-Party States to UNCLOS.

Long description:

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.

Chapters I.3, IV.1 and  VI.1.4 of this book are 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.

Table of Contents:

In Memoriam Virginie Tassin Campanella together with friends and colleagues of Robert

Introduction Virginie Tassin Campanella

1. Global perspectives





I.1 The scientific challenges of deep-sea mining




Walter Roest, Malcom Clark and Harald Brekke




　




I.2 The common heritage of mankind under international law: an overview




Nilufer Oral




　




I.3 Implementing the precautionary approach for seabed mining: a review of State practice




Robert Makgill, Aline Jaeckel and Keith MacMaster




　







2. State Party rights, obligations and responsibility





II.1 State rights and obligations of States on the continental shelf and the Area




Virginie Tassin Campanella, Yacouba Cissé and Dire Tladi




　




II.2 State responsibility for deep seabed mining obligations




Cymie Payne




　







3. The continental shelf





III.1 The extension of sovereign rights beyond 200 nautical miles




Øystein Jensen and Bjarni Mar Magnussen




　




III.2 The Article 82 conundrum: implementing payment for the exploitation of the continental shelf beyond 200 nautical miles




Clive Schofield and Joanna Mossop




　




　







4. The Area





IV.1 The Area and the role of the International Seabed Authority




Aline Jaeckel




　




IV.2 The common heritage quandary: devising a global payment regime for exploitation activities in the deep seabed Area




Joanna Dingwall




　




IV.3 Upcoming challenges for the International Seabed Authority




Frida Armas Pfirter




　







5. DISPUTE SETTLEMENT





V.1 Dispute settlement and seabed mining in the Area




Tullio Treves




　




V.2 Dispute settlement and rights of participation in deep seabed mining disputes




James Harrison and Alberto Pecoraro




　




V.3 Mining the bottom of the sea: potential future disputes and the role of the International Tribunal for the Law of the Sea




Monica Feria-Tinta and Maurice Kamga




　







6. Regional and national practice

VI.1.1 Africa and seabed mining

VI.1.2 Antarctica and seabed mining

VI.1.3 Arctic and seabed mining

VI.1.4 The European Union and seabed mining

VI.1.5 The Pacific Islands region and seabed mining

VI.1.6 South American region and seabed mining

VI.1.7 Southeast Asia and seabed mining

VI.2.1 Brazil and seabed mining

VI.2.2. Belgium and seabed mining

VI.2.3 Colombia and seabed mining

VI.2.4 Germany and seabed mining

VI.2.5 Guyana and seabed mining

VI.2.6 Iceland and seabed mining

VI.2.7 India and seabed mining

VI.2.8 Ivory Coast and seabed mining

VI.2.9 Korea and seabed mining

VI.2.10 Mauritius and seabed mining

VI.2.11 Mozambique and seabed mining

VI.2.12 Portugal and seabed mining

VI.2.13 New Zealand and seabed mining

VI.2.14 The United Kingdom and seabed mining