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Routledge Handbook of Seabed Mining and the Law of the Sea

Edited by: Virginie Tassin Campanella

ISBN13: 9781138387614
Published: December 2023
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £215.00



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To meet the high demand of green technologies and provide an answer to global warming, an emerging industry plans to extract new offshore minerals at depths greater than before.

In general, access and use of seabed resources have been a central concern of States since the end of the Second World War. First mainly focused on oil and gas, their interest is now turning to rich mineral deposits laying in the deep seabed of the ocean under the form of polymetallic nodules, hydrothermal sulphides and cobalt-rich manganese crusts. Regulated by the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the related 1994 Implementing Agreement on Part XI, exploration of these new minerals is already underway since years and their exploitation within and outside national jurisdiction might be closer than expected.

While exploitation might benefit some, growing concerns are being raised by part of the civil society, private sector, international and regional organisations, as well as States. Indeed, not only these activities will be deployed in marine environments where ecosystems and biodiversity are poorly understood, they will also face significant challenges in their conduct and monitoring. Last but not least, they will be mostly carried out in developing countries with fragile economies heavily relying on the health of their marine environment.

To help understanding the complexity of the legal challenges surrounding the mining of minerals on the continental shelf and the Area, the book "Seabed mining and the law of the sea" gathers research chapters and an extensive review and analysis of regional and national practices from both States Parties and non-Party States to UNCLOS. By doing so, it brings attention to the current state of regulation of seabed mining activities at national, regional and international levels and related issues posed by the prospects of exploitation.

This multi-disciplinary book is targeting those involved in regulating, operationalizing and /or commercializing the seabed mining industry. It will prove to be an invaluable resource to anyone willing to discover or gain knowledge of this controversial topic.

Subjects:
Environmental Law, Public International Law
Contents:
Introduction Virginie Tassin Campanella

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
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
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
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
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
Regional and national practice
VII.1 Regional practice
VI.1.1 Africa and seabed mining
Edwin Egede
VI.1.2 Antarctica and seabed mining
Leopoldo Godio
VI.1.3 Arctic and seabed mining
Kristine Dalaker Kraabel and Hilde Woker
VI.1.4 The European Union and seabed mining
Pradeep Singh, Virginie Tassin Campanella, Frank Maes
VI.1.5 The Pacific Islands region and seabed mining
Cameron Diver
VI.1.6 South American region and seabed mining
Eduardo Jimenez Pineda
VI.1.7 Southeast Asia and seabed mining
Tara Davenport
VI.2 National practice
VI.2.1 Brazil and seabed mining
Carina Costa de Oliveira and Ana Flavia Barros Platiau
VI.2.2. Belgium and seabed mining
Klaas Willaert and Frank Maes
VI.2.3 Colombia and seabed mining
Esteban Restrepo Uribe
VI.2.4 Germany and seabed mining
Nele Matz-Lück
VI.2.5 Guyana and seabed mining
Buba Bojang and Donnette Streete
VI.2.6 Iceland and seabed mining
Bjarni Mar Magnussen
VI.2.7 India and seabed mining
Ipshita Chaturvedi Sadhale
VI.2.8 Ivory Coast and seabed mining
Yacouba Cisse
VI.2.9 Korea and seabed mining
Hyun Jung Kim
VI.2.10 Mauritius and seabed mining
Edwin Egede
VI.2.11 Mozambique and seabed mining
Estevao Stefane Mahanjane
VI.2.12 Portugal and seabed mining
Mariana Neves and Pedro Madureira
VI.2.13 New Zealand and seabed mining
Robert Makgill and Elizabeth Macpherson
VI.2.14 The United Kingdom and seabed mining
James Harrison