scholarly journals Sharing benefits of the common heritage of mankind – Is the deep seabed mining regime ready?

Marine Policy ◽  
2016 ◽  
Vol 70 ◽  
pp. 198-204 ◽  
Author(s):  
Aline Jaeckel ◽  
Jeff A. Ardron ◽  
Kristina M. Gjerde
Keyword(s):  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
Deep Seabed Mining ◽  
Seabed Mining

International Law and Corporate Actors in Deep Seabed Mining

2021 ◽  
Author(s):  
Joanna Dingwall
Keyword(s):  
International Law ◽  
Benefit Sharing ◽  
Commercial Activity ◽  
Investment Protection ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
Deep Seabed Mining ◽  
Seabed Mining

Corporate participation within deep seabed mining raises unique challenges for international law. Commercial investment by private corporate actors in deep seabed mining is increasing. The deep seabed beyond national jurisdiction (the Area) comprises almost three-quarters of the entire surface area of the oceans, and it is home to an array of prized commodities including valuable metals and rare earth elements. These resources constitute the common heritage of mankind. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority (ISA) is responsible for regulating the Area for the benefit of humanity and granting mining contracts. Although mining activities in the Area remain at the exploration stage, in recent years, there has been a marked growth in investment by private corporate actors, and an increasing impetus towards exploitation. This increasing corporate activity presents challenges, including in relation to matters of common management, benefit sharing, marine environmental protection and investment protection. In part, these challenges stem from the often-contentious role of non-state actors, such as corporations, within the international legal system. 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 study advances the discourse by addressing the extent of any tension between corporate commercial activity in the Area and the achievement of the common heritage of mankind.

The Role of the Common Heritage Concept in Deep Seabed Mining

2021 ◽  
pp. 68-100
Author(s):  
Joanna Dingwall
Keyword(s):  
Outer Space ◽  
International Economic Order ◽  
Vital Role ◽  
Benefit Sharing ◽  
Common Heritage ◽  
Marine Environmental Protection ◽  
The Common ◽  
Deep Seabed Mining ◽  
Seabed Mining

Chapter 3 evaluates the vital role of the common heritage in the deep seabed mining context. It does so by considering the historical application of the common heritage concept to deep seabed mining, together with the broader role of the concept within international law, including in relation to outer space and other global commons. Chapter 3 addresses the UNCLOS III negotiations, and the emergence of the common heritage approach to deep seabed mining as part of the movement for a New International Economic Order (NIEO), as well as the modifications achieved by the Agreement on the Implementation of Part XI of UNCLOS. This chapter distils the common heritage into its modern-day components in the deep seabed mining context, namely: common management, prohibition of unilateral mining activities, benefit sharing, marine environmental protection and the achievement of a balance between communitarian and capitalist concerns. It also sets out the study’s framework of analysis.

Concluding Remarks on Corporate Entity Involvement in Deep Seabed Mining

2021 ◽  
pp. 269-274
Author(s):  
Joanna Dingwall
Keyword(s):  
Regulatory Regime ◽  
Mining Operations ◽  
Common Heritage ◽  
The Common ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
The Impact ◽  
Marine Environmental

The conclusion addresses the findings reached throughout this study on the role of private corporate actors in the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) and the impact of this upon realisation of the common heritage of mankind. It notes that the ISA is facing significant challenges in devising a workable payment mechanism that will deliver tangible benefits to humanity, while also ensuring sufficient marine environmental protections. The regime’s achievement of the common heritage will be dependent on the regulatory regime of the International Seabed Authority (ISA) fulfilling its potential, and implementing a comprehensive Mining Code to govern the life cycle of deep seabed mining operations. The study concludes by finding that, on balance, the regime is developing in a manner that may render it capable of realising its common heritage goals of securing communitarian benefits to humanity, alongside market-focused objectives. It also concludes that corporate participation may assist in achievement of the common heritage, to the extent that it may provide the commercial means for deep seabed mining to commence.

Balancing Community and Autonomy – To What Extent Does the Regime Reconcile ISA Regulatory Authority and Investment Protection for Corporate Actors?

2021 ◽  
pp. 235-268
Author(s):  
Joanna Dingwall
Keyword(s):  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Common Heritage ◽  
Commercial Viability ◽  
The Common ◽  
Corporate Investors ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining

Chapter 7 assesses the extent to which the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS), as developed and enforced by the International Seabed Authority (ISA), strikes an appropriate balance between the dual common heritage goals of community and autonomy. Chapter 7 focuses on reconciling the ISA’s right to regulate on behalf of humanity with investment protection rights for deep seabed miners. It considers whether the UNCLOS deep seabed mining regime incorporates protections that are functionally equivalent to international investment law rights, backed by binding dispute resolution options. These are crucial considerations for corporate investors, and may influence the commercial viability of the regime. Chapter 7 then evaluates whether such investment protection rights may be balanced alongside the ISA’s right to regulate concerning the communitarian aspects of the common heritage, thereby achieving an overall balance between community and autonomy within the regime.

The International Seabed Authority and the Enterprise: How Africa is reinvigorating the principle of the common heritage of mankind

2021 ◽  
Vol 2021 ◽  
pp. 1-37
Author(s):  
Mehdi Remaoun
Keyword(s):  
Marine Biodiversity ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The Status ◽  
National Jurisdiction ◽  
African Group ◽  
The Common ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
The Impact

This article focuses primarily on a submission made by the African Group of States to the International Seabed Authority (ISA) on the operationalisation of the Enterprise. The latter is one of the organs established under Part XI of the 1982 United Nations Convention on the Law of the Sea (LOSC) and guided by the principle of the common heritage of mankind (CHM). Following several years of the status quo remaining unchanged, the start of the development of the exploitation regulations for deep seabed mining has led to louder calls to operationalise the Enterprise. This article first outlines the origins and legal foundations of the concept ‘Enterprise’. This is followed by discussions on the status of this organ prior to the African Group’s submission, the main elements contained in the submission as well as the reactions to, and the impact of, the submission. Beyond the issue of the Enterprise, this article also considers other attempts of the African Group to give full effect to the CHM principle in the ISA as well as the Group’s attempts to enshrine the CHM principle in a potential third LOSC implementing agreement on marine biodiversity beyond national jurisdiction. It concludes with critical observations that put the various aspects discussed into perspective.

scholarly journals Benefitting from the Common Heritage of Humankind: From Expectation to Reality

2020 ◽  
Vol 35 (4) ◽  
pp. 660-681
Author(s):  
Aline Jaeckel
Keyword(s):  
Ecosystem Services ◽  
Scientific Knowledge ◽  
Mineral Resources ◽  
Mineral Supply ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
The Common ◽  
Common Heritage Of Humankind ◽  
Seabed Mining ◽  
Wealth Generation

Abstract The international seabed ‘Area’ and its mineral resources are the common heritage of mankind and must be administered for the benefit of humankind as a whole. Yet the vision of the benefits to be reaped from the Area has changed over the years. The common heritage concept encapsulates seemingly conflicting developmental, commercial, and ecological imperatives. With seabed mining edging closer to becoming a reality, there is a need to analyse these imperatives and the range of benefits that humankind can (and in some cases already does) derive from the Area. This article critically discusses six categories of benefits that are relevant to seabed mining and assesses them against historical expectations. These are wealth generation and redistribution, advancement of developing States, security of mineral supply, ecosystem services, scientific knowledge, and other uses of the Area.

Sign in / Sign up

Export Citation Format

Share Document