11 The Deep Seabed

2015 ◽  
Author(s):  
Lodge Michael W
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Commercial Exploitation ◽  
National Jurisdiction ◽  
The Law ◽  
International Seabed Authority

The deep seabed is the part of the seabed that is beyond national jurisdiction and is referred to as ‘the Area’ in the UN Convention on the Law of the Sea (LOSC). This chapter discusses the legal regime of the deep seabed. It covers the legal status of the Area and its resources; the International Seabed Authority; the regulation of ‘activities in the Area’; commercial exploitation; reserved areas; sponsorship by states parties; dispute settlement; and responsibility of the International Seabed Authority under Article 82 (4) of the LOSC.

1 ITLOS and the Dispute Settlement System under UNCLOS

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
Dispute Settlement ◽  
Law Of The Sea ◽  
Dispute Settlement Mechanism ◽  
Settlement System ◽  
National Jurisdiction ◽  
Pros And Cons ◽  
The Law ◽  
International Seabed Authority ◽  
Dispute Settlement System ◽  
And Control

This chapter discusses the dispute settlement system under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). The dispute settlement system under UNCLOS was drafted with the main purpose of achieving the uniform and effective interpretation and application of UNCLOS, as the compromises it embodied would otherwise be vulnerable to unilateral interpretation. UNCLOS sets up two international organizations: the International Seabed Authority (Authority) and the International Tribunal for the Law of the Sea (ITLOS). The Authority is the organization through which States Parties to UNCLOS organize and control activities in the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction (the Area), particularly with a view to administering the resources of the Area. ITLOS, the dispute settlement mechanism specifically created by UNCLOS, allows urgent issues to be tackled swiftly through seeking provisional measures of protection from a court or tribunal as well as a functional approach. The chapter then considers ITLOS's place within the dispute settlement regime under UNCLOS; entities with access to ITLOS; other international agreements besides UNCLOS that confer jurisdiction on ITLOS; ITLOS's relationship and interaction with the other principal choices of dispute settlement mechanisms; and the pros and cons of using ITLOS instead of other forums.

scholarly journals Dispute Settlement and the Law of the Sea Convention: Problems of Fragmentation and Jurisdiction

1997 ◽  
Vol 46 (1) ◽  
pp. 37-54 ◽  
Author(s):  
Alan E. Boyle
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
International Court ◽  
The Law ◽  
International Seabed Authority ◽  
Substantive Law ◽  
Seabed Mining

The entry into force of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS”), on 16 November 1994, is probably the most important development in the settlement of international disputes since the adoption of the UN Charter and the Statute of the International Court of Justice. Not only does the Convention create a new international court, the International Tribunal for the Law of the Sea (“ITLOS”), it also makes extensive provision for compulsory dispute-settlement procedures involving States, the International Seabed Authority (“ISBA”), seabed mining contractors and, potentially, a range of other entities. Implementation of the Convention has spawned a number of inter-State disputes to add to the cases already before the International Court. The initiation of the ITLOS not only opens up new possibilities for settling these disputes but it also has implications for the future role of the International Court and ad hoc arbitration in the law of the sea and more generally. It contributes to the proliferation of international tribunals and adds to the potential for fragmentation both of the substantive law and of the procedures available for settling disputes. Judges Oda and Guillaume have argued that the ITLOS is a futile institution, that the UNCLOS negotiators were misguided in depriving the International Court of its central role in ocean disputes and that creation of a specialised tribunal may destroy the unity of international law. The law of the sea, both judges argue, is an essential part of international law and any dispute concerning the application and interpretation of that law should be seen as subject to settlement by the International Court.

Law of the Sea Perspectives on Climate Change

2012 ◽  
Vol 27 (4) ◽  
pp. 831-838 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Climate Change ◽  
Greenhouse Gas ◽  
Marine Environment ◽  
Dispute Settlement ◽  
Ghg Emissions ◽  
Law Of The Sea ◽  
Legal Regime ◽  
The Law

Abstract The Law of the Sea Convention was negotiated at a time when climate change was not yet part of the international environmental agenda. Nevertheless, it is not a static or immutable legal regime and it is not difficult to apply Part XII to greenhouse gas (GHG) emissions and climate change insofar as they affect the marine environment. However, it is doubtful whether viewing climate change from the perspective of the law of the marine environment greatly alters the overall picture. At best it provides a vehicle for compulsory dispute settlement notably lacking in the UN Framework Convention on Climate Change (UNFCCC) regime. Realistically, while the 1982 Convention may import any newly agreed standards for the control of GHGs, it is not a substitute for further agreement within the UNFCCC framework.

7 ITLOS’s Jurisprudential Contributions: Present and Future

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
Dispute Settlement ◽  
Biological Diversity ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
Future Challenges ◽  
National Jurisdiction ◽  
Maritime Disputes ◽  
The Law ◽  
International Adjudication ◽  
Substantive Law

This chapter explores the present and future contributions of the International Tribunal for the Law of the Sea (ITLOS). Presently, ITLOS has made substantial contributions to the peaceful solution of ongoing maritime disputes and to international efforts against illegal, unreported, and unregulated fishing. It has also provided guidance on the responsibility and liability regarding activities in the deep seabed area for the benefits of humankind as well as developed procedural rules and substantive law in international adjudication. Human rights at sea, marine environment protection and preservation, and delimitation of the continental shelf beyond 200 nautical miles are some of the areas of the law of the sea elucidated by ITLOS’s rulings. Future challenges include legal issues pertaining to sea-level rise, dispute settlement as regards biological diversity of areas beyond national jurisdiction, and potential contentious cases before the Seabed Disputes Chamber arising from exploitation of mineral resources in the deep seabed.

scholarly journals Bioprospecting in the High Seas: Existing Rights and Obligations in View of a New Legal Regime for Marine Areas beyond National Jurisdiction

2014 ◽  
Vol 29 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Ane Jørem ◽  
Morten Walløe Tvedt
Keyword(s):  
Biological Diversity ◽  
Patent Law ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
National Jurisdiction ◽  
The Law ◽  
Marine Areas ◽  
High Seas

This article examines the law governing bioprospecting in the high seas and subsequent use of biological material. Seen in relation to the on-going debate on a new legal regime for marine areas beyond national jurisdiction, the authors explore the degree to which existing rights and obligations under the law of the sea and patent law could coincide with one of the objectives of the Convention on Biological Diversity, namely that of promoting benefit sharing. The activity of bioprospecting is examined in light of the different freedoms of the high seas, making the point that different interpretations give different indications of existing provisions on benefit sharing. In particular, the regime for marine scientific research under the law of the sea exemplifies different ways for sharing benefits, all of which run up against implementation challenges when seen in relation to rights awarded by patents to inventions resulting from bioprospecting.

The Common Heritage of Mankind

2012 ◽  
Vol 27 (4) ◽  
pp. 733-742 ◽  
Author(s):  
Michael W. Lodge
Keyword(s):  
Economic Benefits ◽  
Law Of The Sea ◽  
Regulatory Regime ◽  
Legal Regime ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The Common ◽  
International Seabed Authority ◽  
Legal Meaning

Abstract One of the key features of the 1982 UN Convention on the Law of the Sea is its recognition that the seabed and its resources beyond national jurisdiction are the common heritage of mankind. Part XI of the Convention gives precise legal meaning to this term. The International Seabed Authority is responsible for implementing the common heritage principle. Since the Authority was established in 1994, a comprehensive legal regime for the Area has been established. Despite initial problems, the international machinery for the administration of this regime is functioning well. The Authority has made good progress, on the basis of the evolutionary approach set out in the 1994 Agreement, in elaborating a regulatory regime for access to the resources of the Area. Much more work remains to be done, however; in particular, if the economic benefits of the common heritage are to be realized.

The Settlement of Disputes Arising From Conflicting Outer Continental Shelf Claims

2009 ◽  
Vol 24 (2) ◽  
pp. 409-422 ◽  
Author(s):  
Keyword(s):  
Continental Shelf ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
Rules Of Procedure ◽  
The Law ◽  
International Seabed Authority ◽  
Dispute Settlement System ◽  
Settlement Of Disputes

AbstractThis article begins with brief observations on the dispute-settlement system contained in the 1982 UN Convention on the Law of the Sea (LOS Convention). It then reviews the rules of procedure of the Commission on the Limits of the Continental Shelf (the Commission) which are designed to prevent or minimize disputes concerning outer continental shelf boundaries. In this context reference is made to joint submissions by coastal States. The role of the institutions created by the LOS Convention—the International Seabed Authority, the International Tribunal for the Law of the Sea, in particular the Seabed Disputes Chamber, and the Commission—with respect to dispute settlement is examined. It also considers the circumstances when States Parties may or may not challenge the recommendations of the Commission.

The International Tribunal for the Law of the Sea

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Dispute Settlement Mechanism ◽  
Legal Context ◽  
National Jurisdiction ◽  
The Law

The International Tribunal for the Law of the Sea (ITLOS) plays a central role as a dispute settlement mechanism for the international law of the sea. This book provides a unique insight into its inner workings exploring both its limitations and its unutilized potentials. New fields such as sea-level rise and the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction play important roles in the ever-expanding scope of the law of the sea. The book charts the evolution of ITLOS and the role it continues to play in international law. It introduces the reader to the historical and legal context for the discussion of ITLOS’s place within this dispute settlement regime, as well as its relationship and interaction with the other choices of dispute settlement mechanisms. It is an invaluable resource for law students, practising lawyers, judges, government and international officials, academics, and those interested in law of the sea.

36 Marine Bioprospecting

2015 ◽  
Author(s):  
Mossop Joanna
Keyword(s):  
Future Development ◽  
Biological Diversity ◽  
Marine Organisms ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Legal Rules ◽  
National Jurisdiction ◽  
The Law

Bioprospecting is the process of identifying unique characteristics of marine organisms for the purpose of developing them into commercially valuable products. This chapter explores the legal regime for bioprospecting. It identifies the legal rules that apply to bioprospecting and the issues that may require future development. It discusses the UN Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) before turning to the rules that apply to marine bioprospecting within and outside areas of national jurisdiction.

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