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The Law of the Seabed: Access, Uses, and Protection of Seabed Resources

Edited by: Catherine Banet

ISBN13: 9789004391550
Published: March 2020
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £151.00



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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.

Subjects:
Environmental Law
Contents:
Preface
Rolf Einar Fife
Illustrations
Abbreviations
Notes on Contributors
The Law of the Seabed
Catherine Banet
Defining the Seabed
Characterizing the Seabed: a Geoscience Perspective
Alvar Braathen and Harald Brekke
Deep-Sea Ecosystems: Biodiversity and Anthropogenic Impacts
Eva Ramirez-Llodra
A Short Human History of the Ocean Floor
Håkon With Andersen
Delimitation of Jurisdiction over the Seabed and Right to Its Resources
Setting Maritime Limits and Boundaries: Experiences from Norway
Harald Brekke
The Seabed in the High North – How to Address Conflicts?
Alexander S. Skaridov
Current Human Impact on Antarctic Seabed Environment and International Law
Yana Evgenyevna Brazovskaya and Gulnara Flurovna Ruchkina
Exploitation of Non-Living Resources from the Seabed beyond National Jurisdiction
Commercial Mining Activities in the Deep Seabed beyond National Jurisdiction: the International Legal Framework
Joanna Dingwall
Framework Legislation for Commercial Activities in the Area
Erik Røsæg
Maritime Security and Deep Seabed beyond National Jurisdiction
Edwin Egede
Exploitation of Marine Biodiversity and Living Resources on the Seabed beyond National Jurisdiction
The Rights to Genetic Resources beyond National Jurisdiction: Challenges for the Ongoing Negotiations at the United Nations
Tullio Scovazzi
Marine Genetic Resources: a Practical Legal Approach to Stimulate Research, Conservation and Benefit Sharing
Morten Walløe Tvedt
Deep-Sea Bottom Fisheries and the Protection of Seabed Ecosystems: Problems, Progress and Prospects
Richard Caddell
Principles Applicable to Sovereign States When Exploiting Seabed Resources within National Jurisdiction
Review of National Legislations Applicable to Seabed Mineral Resources Exploitation
Saul Roux and Catherine Horsfield
European Union Law and the Seabed
Finn Arnesen, Rosa Greaves and Alla Pozdnakova
China’s Domestic Law on the Exploration and Development of Resources in Deep Seabed Areas
Chelsea Zhaoxi Chen
Implementation of Article 82 of the United Nations Convention on the Law of the Sea: the Challenge for Canada
Aldo Chircop
Building, Operating and Removing Installations on and under the Seabed
The Use of Sub-Seabed Transboundary Geological Formations for the Disposal of Carbon Dioxide
Nigel Bankes
Decommissioning of Offshore Installations: a Fragmented and Ineffective International Regulatory Framework
Seline Trevisanut
Re-using (Nearly) Depleted Oil and Gas Fields in the North Sea for CO2 Storage: Seizing or Missing a Window of Opportunity?
Martha M. Roggenkamp
International Investment Law and the Regulation of the Seabed
James Harrison
Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands
Jaap J.A. Waverijn
Conflicting Uses or Coexistence, Resolving Mechanisms and Protection Regimes: Towards a More Integrated Approach
Crossing the Sectoral Divide: Modern Environmental Law Tools for Addressing Conflicting Uses on the Seabed
Rosemary Rayfuse
Commercial Arrangements and Liability for Crossing Pipelines, Power Cables and Telecom Cables (Connectors) on the Seabed
Lars Olav Askheim
Balancing Competing Interests When Building Marine Energy Infrastructures: the Case of the Nord Stream Pipelines
David Langlet
Liability and Compensation for Activities in the Area
Kristoffer Svendsen