Risk assessment: Corporate ventures in deep seabed mining outside the framework of the un convention on the law of the sea

1986 ◽  
Vol 16 (4) ◽  
pp. 341-351 ◽  
Author(s):  
William B. Jones
Keyword(s):  
Risk Assessment ◽  
Law Of The Sea ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Corporate Ventures

The Regime of Straits and the Third United Nations Conference on the Law of the Sea

1980 ◽  
Vol 74 (1) ◽  
pp. 77-121 ◽  
Author(s):  
John Norton Moore
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Foreseeable Future ◽  
Coastal Fisheries ◽  
The Third ◽  
State Practice ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Preparatory Work

The negotiations at the Third United Nations Conference on the Law of the Sea have been the most important catalyst of this century for a new legal and political order for the oceans. The conference, together with its preparatory work within the “Seabeds Committee,” has indelibly stamped ocean perspectives. Even without a widely acceptable, comprehensive treaty the influence of these perspectives on state practice will be profound—indeed, it already has been, for example, in legitimizing 200-mile coastal fisheries jurisdiction. If the conference is able to clear the remaining hurdles, particularly that of deep seabed mining, the new treaty is likely to govern oceans law for the foreseeable future.

African States and Participation in Deep Seabed Mining: Problems and Prospects

2009 ◽  
Vol 24 (4) ◽  
pp. 683-712 ◽  
Author(s):  
Edwin Egede
Keyword(s):  
Law Of The Sea ◽  
Special Interests ◽  
National Jurisdiction ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining

AbstractThe Law of the Sea Convention requires that effective participation of developing States Parties in activities in the deep seabed beyond national jurisdiction (the Area) should be promoted having due regard to their special interests and needs (especially those of landlocked and geographically disadvantaged states). This article examines the difficulties in actual, direct and effective participation by African states in deep seabed mining and possible co-operative endeavours that African states may embark upon to overcome some of these constraints in order to advance the prospects of their actual, direct and effective participation in deep seabed mining.

Developing a Business and Human Rights Treaty: Lessons from the Deep Seabed Mining Regime Under the United Nations Convention on the Law of the Sea

2020 ◽  
Vol 5 (2) ◽  
pp. 200-220 ◽  
Author(s):  
Nadia BERNAZ ◽  
Irene PIETROPAOLI
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Law Of The Sea ◽  
Business And Human Rights ◽  
State Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining

AbstractThis article delves into the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) with a view to inform the negotiating process of the proposed business and human rights (BHR) treaty. It highlights points of convergence and divergence between the two regulatory regimes and explores how the BHR treaty negotiations could draw from the deep seabed mining regime with regard to the responsibility and liability of states and corporations. In particular, it suggests that a BHR treaty could incorporate some of the arrangements of UNCLOS to address state obligations and direct corporate human rights obligations, both of a general and specific nature, including the obligation to carry out human rights due diligence. The article also proposes a mechanism of responsibility and liability of states and corporations under the future BHR treaty going beyond UNCLOS and embracing residual liability for home and/or host states.

Statement by Expert Panel: U.S. Policy on the Settlement of Disputes in the Law of the Sea

1987 ◽  
Vol 81 (2) ◽  
pp. 438-442 ◽  
Author(s):  
Keyword(s):  
United States ◽  
International Law ◽  
Expert Panel ◽  
The United States ◽  
Law Of The Sea ◽  
Customary International Law ◽  
The Law ◽  
Deep Seabed Mining ◽  
Settlement Of Disputes ◽  
Seabed Mining

In 1983, President Reagan announced the policy of the United States to accept the normative provisions of the 1982 Convention on the Law of the Sea as reflecting the customary international law of the sea (in matters other than deep seabed mining).

Part XI of the Law of the Sea Convention and Third States: Some General Observations

1989 ◽  
Vol 48 (1) ◽  
pp. 85-97 ◽  
Author(s):  
Stephen Vasciannie
Keyword(s):  
International Law ◽  
The United States ◽  
Regulatory Control ◽  
Law Of The Sea ◽  
Exploration And Exploitation ◽  
The Law ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Near Future

On 30 April 1982, after almost a decade of careful negotiations at the Third U.N. Conference on the Law of the Sea, the Law of the Sea Convention was adopted by the positive votes of 130 States. In one of its main sections, Part XI, the Convention sets out a detailed regime for the exploration and exploitation of the deep seabed and its resources and firmly places deep seabed mining under the regulatory control of the International Seabed Authority, to be established in Jamaica. However, as is well known, the United States and certain other Western countries have adopted a negative posture towards various aspects of Part XI and, for this reason, they are unlikely to ratify the 1982 Convention in the near future. Against this background, the question whether the provisions in Part XI may be binding evenvis-à-visnon-parties to the LOSC has assumed considerable importance in contemporary international law.

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