Preventing Unilateral Deep Seabed Mining Activities – To What Extent Does the UNCLOS Regime Constrain External Actors?

2021 ◽  
pp. 150-196
Author(s):  
Joanna Dingwall
Keyword(s):  
Customary Law ◽  
Mining Activities ◽  
The Status ◽  
State Obligations ◽  
The Common ◽  
United Nations Convention ◽  
Deep Seabed Mining ◽  
External Actors ◽  
Seabed Mining

Chapter 5 determines whether the common heritage prohibition of unilateral mining activities in the United Nations Convention on the Law of the Sea (UNCLOS) prevents external actors from undertaking deep seabed mining activities unilaterally. In order to ascertain whether this prohibition binds corporate actors outside of UNCLOS, this chapter determines whether the procedural reach of UNCLOS extends to include non-States Parties and their nationals. It does so by considering, firstly, the reach of the regime as a matter of treaty law, including by assessing whether UNCLOS imposes third state obligations or creates an objective regime in relation to deep seabed mining. It also evaluates the status of the regime under customary law, with particular consideration of US practice and the role of the persistent objector doctrine. Finally, it addresses the extent to which the regime imposes direct obligations upon external corporate actors in the form of corporate obligations.

Introduction

2021 ◽  
pp. 1-10
Author(s):  
Joanna Dingwall
Keyword(s):  
Mining Industry ◽  
Mineral Resources ◽  
National Jurisdiction ◽  
The Common ◽  
United Nations Convention ◽  
Private Corporations ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining

The introduction provides an initial account of the deep seabed beyond national jurisdiction and its mineral resources, addressing the impetus towards commercialisation of this area and the increasing role of private corporations therein. It offers a summary of the key features of the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS). It introduces the important role of the International Seabed Authority (ISA) within the UNCLOS regime as custodian, regulator and enforcer, including through development of the Mining Code. The introduction explains the purposes of the study and provides an outline of its scope. It addresses the reasons why the success or otherwise of private-sector involvement may have some bearing on the future feasibility of the deep seabed mining industry and the implications that this may have for the common heritage.

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.

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.

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.

scholarly journals Geospatial technology perspectives for mining vis-a-vis sustainable forest ecosystems

2017 ◽  
Vol 11 (1) ◽  
pp. 219-238 ◽  
Author(s):  
Laxmi Goparaju ◽  
P. Rama Chandra Prasad ◽  
Firoz Ahmad
Keyword(s):  
Forest Ecosystems ◽  
Anthropogenic Activities ◽  
Biogeochemical Cycles ◽  
Mining Activities ◽  
Forest Environment ◽  
Mining Operations ◽  
Geospatial Technology ◽  
The Status ◽  
The Impact

Abstract Forests, the backbone of biogeochemical cycles and life supporting systems, are under severe pressure due to varied anthropogenic activities. Mining activities are one among the major reasons for forest destruction questioning the survivability and sustainability of flora and fauna existing in that area. Thus, monitoring and managing the impact of mining activities on natural resources at regular intervals is necessary to check the status of their depleted conditions, and to take up restoration and conservative measurements. Geospatial technology provides means to identify the impact of different mining operations on forest ecosystems and helps in proposing initiatives for safeguarding the forest environment. In this context, the present study highlights the problems related to mining in forest ecosystems and elucidates how geospatial technology can be employed at various stages of mining activities to achieve a sustainable forest ecosystem. The study collates information from various sources and highlights the role of geospatial technology in mining industries and reclamation process.

Legal Pluralism, Gender Equality, and Parity of Participation: Constitutional Issues Concerning Customary Law in Liberia

2018 ◽  
Author(s):  
Susan H. Williams
Keyword(s):  
Gender Equality ◽  
Gender Inequality ◽  
Common Law ◽  
Legal Pluralism ◽  
Constitutional Reform ◽  
Customary Law ◽  
Legal Limits ◽  
The Common ◽  
Traditional Communities

This chapter examines the practice of customary law in Liberia and how it contributes to gender inequality. The familiar menu of constitutional tools to protect equality has often failed, both because external legal limits on customary law are inaccessible to women in traditional communities and because they put those women in the position of opposing their own communities. The only sustainable solution is to empower women to reshape their own customary law. This requires rethinking culture and customary law at three levels: first, we must view culture as an evolving process to which all members contribute; second, we must view customary law as an evolving part of the common law that interacts with state law; and third, we must enhance ‘participatory parity’ for women. The chapter concludes with suggestions for constitutional reform in Liberia to promote the role of women as norm creators.

International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction

2018 ◽  
Vol 19 (5-6) ◽  
pp. 890-929
Author(s):  
Joanna Dingwall
Keyword(s):  
Mineral Resources ◽  
International Investment ◽  
Investment Protection ◽  
Valuable Metals ◽  
Exploratory Stage ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining

Abstract The deep seabed beyond national jurisdiction comprises almost three-quarters of the entire surface area of our oceans. It boasts an array of mineral resources, including valuable metals and rare earth elements. Acting under the United Nations Convention on the Law of the Sea, the International Seabed Authority is responsible for regulating this area and granting mining contracts to allow investors to explore for and exploit deep seabed minerals. As yet, deep seabed mining activities have been confined to the exploratory stage. However, recently, there has been a marked growth in deep seabed investment by private corporate actors. As technology advances and commercial appetite increases, extraction of deep seabed minerals may soon commence. In this context, this article seeks to address crucial legal issues facing pioneers of deep seabed mining. What is the extent of investment protection within the existing regime? And are there dispute resolution options to enforce such protection?

Sign in / Sign up

Export Citation Format

Share Document