Basic elements of the regime for the exploration and exploitation of Antarctic mineral resources

1988 ◽  
pp. 185-278 ◽  

It is the object of the third United Nations Conference on the Law of the Sea to obtain broad international agreement on the limits to the territorial sea, on that area beyond these limits within which the coastal state may exercise rights over living and non-living resources and on the nature and manner of exercise of those rights. The Conference is also required to establish an international regime to deal with the exploration and exploitation of the deep seabed beyond the limits of coastal states’ rights. The work done by the Conference in five sessions since 1973 will have its effect on international law and practice but, partly owing to differences between the view-points of less industrialized and the more industrialized states (not confined to marine matters), the global solution essential for the orderly regulation of movement of shipping, scientific research and development of fisheries and sea-bed mineral resources may yet elude the Conference, to the detriment of the participating states and of the international community as a whole.


2008 ◽  
Vol 9 (11) ◽  
pp. 2039-2060 ◽  
Author(s):  
Rüdiger Wolfrum

It is possible to speak of international administration only if an international entity is truly exercising functions equivalent to States. While such cases are rare, as Joseph Weiler emphasized in a different context, they do exist. One such case is the International Seabed Authority, which exercises legislative as well as executive functions concerning the international seabed (Area) and its resources. Furthermore, the legal regime on the international seabed comprises a fully elaborated system for the settlement of disputes available to public and private actors involved in the exploration and exploitation of mineral resources in the Area. The functions assigned to IMO and some fisheries organizations have not quite reached this level. Nevertheless one can observe that these organizations, too, prescribe binding rules, at least de facto. However, they lack the jurisdiction to enforce such rules directly; in that respect they are relying on the enforcement of States to enforce such rules acting under different capacities such as flag States or port States. One may consider these legal regimes as belonging to a multilevel system (Mehrebenensystem) where the prescriptive and executive functions are being vested in different entities.


2013 ◽  
Vol 47 (3) ◽  
pp. 37-54 ◽  
Author(s):  
Weicheng Cui

AbstractDeep sea exploration and exploitation are of increasing interest to 21st century scientists, and both manned and unmanned deep submergence vehicles are necessary means for deep sea exploration. To fulfill the requirements of deep sea exploration for China Ocean Mineral Resources R&D Association (COMRA), a deep manned submersible was in the process of development in China from 2002 to 2012 and was named Jiaolong in 2010. The purpose of this paper is to introduce the development process from a historical point of view, including the design, realization of components, assembly, open-water tank test, and sea trials of the Jiaolong deep manned submersible. The technical difficulties encountered at each stage, and their solutions are briefly described. The future development trends for deep manned submersibles are pointed out.


1992 ◽  
Vol 5 (1) ◽  
pp. 33-52 ◽  
Author(s):  
Sander van Bennekom

On October 4,1991 the parties to the Antarctic Treaty adopted the Protocol on Environmental Protection to the Antarctic Treaty. This Protocol contains a prohibition for the duration of fifty years of all exploration and exploitation of mineral resources in the Antarctic. The Wellington Convention, which was adopted in 1988 and was intended toregulate the exploitation of minerals,can now be considered dead and buried. Apart from the prohibition on minerals activities, the Protocol sets out a number of rules and regulations to control the activities in Antarctica in a more stringent way than before. This article analyses the Protocol and compares the ‘severeness’ of the rules with the degree of control in the Wellington Convention. It seems likely that states are less willing to accept heavy bureaucratic measures if the road to minerals development is cut off. For issues like dispute settlement, environmental impact assessment, the creation of new institutions and liability, the articles in the Protocol are compared with the corresponding articles of the Minerals Convention. Furthermore this article contains some suggestions on how the current plans to protect the Antarctic environment can be improved.


Author(s):  
Jessen Henning

This chapter examines the key environmental elements of the International Seabed Authority's (ISA) ‘Mining Code’, a regulatory framework for the commercial exploitation of mineral resources. The term ‘Mining Code’ refers to the whole comprehensive set of rules, regulations and procedures issued by the ISA to regulate prospecting, exploration and exploitation of minerals. The set of rules includes the collaboration of the respective responsibilities of deep seabed explorers and of the ISA in order to ensure environmentally sustainable development of deep seabed mineral resources. The chapter first provides an overview of the general regulatory framework for deep seabed mining, which is a contract-based system, before discussing the continuous legal evolution of the Mining Code. It also considers the generic issues that need to be addressed in relation to the future exploitation of minerals and explains why exploitation-related environmental regulations must be an integral component of advancing the Mining Code.


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