scholarly journals A Guardian of Universal Interest or Increasingly Out of Its Depth?

2020 ◽  
Vol 17 (3) ◽  
pp. 633-663 ◽  
Author(s):  
Richard Collins ◽  
Duncan French
Keyword(s):  
Access Control ◽  
Institutional Design ◽  
Mineral Resources ◽  
International Community ◽  
Regulatory Structure ◽  
Institutional Control ◽  
Global Institutions ◽  
International Seabed Authority ◽  
Collective Benefit

In contemporary debates on the authority of global institutions, there is an important yet often overlooked organisational curiosity: namely, the International Seabed Authority (‘ISA’). The ISA reflects a highpoint in international communitarian governance. Premised around traditional notions of access, control and allocation of deep seabed resources, its mandate is both invariably spatial-temporal, and yet also limited and functional. Its purpose is to govern the extraction of seabed mineral resources for the collective benefit of the international community. To achieve that ambition, however, a highly complex and bureaucratic regulatory structure has been established. In this paper we aim to consider this tension in the mandate of the ISA, particularly insofar as it manifests in aspects of its institutional design and functioning in practice. Recognising these dynamics not only helps one better understand governance of the deep seabed, but also broadly demonstrates the innate tensions in granting institutional control over common spaces.

scholarly journals REPUBLICANISM AND GLOBAL INSTITUTIONS: THREE DESIDERATA IN TENSION

2017 ◽  
Vol 34 (1) ◽  
pp. 186-208 ◽  
Author(s):  
Miriam Ronzoni
Keyword(s):  
Global Justice ◽  
Institutional Design ◽  
Global Level ◽  
Institutional Control ◽  
Liberal Egalitarianism ◽  
Global Institutions ◽  
Clear Vision ◽  
Asymmetrical Power ◽  
Institutional Order ◽  
The Ideal

Abstract:Recently, republicans have been increasingly arguing that the ideal of nondomination can ground both a more plausible account of global justice and better insights for global institutional design than liberal egalitarianism does. What kind of global institutions, however, does nondomination require? The essay argues that a global institutional blueprint based on the republican ideal of nondomination is a multifaceted endeavor. Republican institutions should aim to fulfill three different desiderata: 1) avoiding excessive concentration of power; 2) bringing informal asymmetrical power under institutional control; 3) furthering an active, vigilant citizenry. The three desiderata often pull in different directions. At the global level in particular, they do not converge on a verdict over whether we should switch to a cosmopolitan institutional order, stick to a world of states, or opt for something altogether different. As a result, there is no straightforward pathway leading from the vindication of nondomination as the central principle of global justice to a clear vision for a global institutional order. The issue is, instead, a matter of careful balancing.

FOREIGN INVESTMENTS, SOVEREIGNTY AND THE PUBLIC GOOD

2014 ◽  
Vol 23 (1) ◽  
pp. 1-22
Author(s):  
Francesco Francioni
Keyword(s):  
Public Good ◽  
Public Interest ◽  
International Community ◽  
General Interest ◽  
Host Countries ◽  
Investment Policies ◽  
The Public ◽  
Host State ◽  
Investment Protection ◽  
Global Institutions

In spite of occasional references to the “public interest” or the “public good” in legal instruments on foreign investment and in arbitral practice, effective implementation of the concept remains elusive. This is the case first of all due to the fact that arbitrators are faced with the difficulties inherent in performing the delicate function of a quasi “judicial review” of contested host State’s measures. The second factor relates to the fact that the notion of “public good” that emerges from contemporary arbitral practice is confined to the national public interest of the host State and does not include the general interest of the international community as a whole. This article argues that, given the present state of the international economy, the regime of investment protection has to be reconciled not only with the public interest of the host State but also with the emerging concepts of international common goods, which include the global environment, human rights and the cultural heritage of humanity. Given the lack of global institutions responsible for the management of such common goods, this article advocates a functional approach to the exercise of sovereignty that transcends the traditional principles of territoriality and nationality and entails the obligation of both home and host countries to take into account the effects of their investment policies on the general interest of the international community.

Imagining Justice for Syria

2020 ◽  
Author(s):  
Beth Van Schaack
Keyword(s):  
Transitional Justice ◽  
Ad Hoc ◽  
Institutional Design ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
International Crimes ◽  
The Face ◽  
Justice Program ◽  
State Of Affairs

This book situates the war in Syria within the actual and imagined system of international criminal justice. It explores the legal impediments and diplomatic challenges that have led to the fatal trinity that is Syria: the massive commission of international crimes that are subject to detailed investigations and documentation but whose perpetrators have enjoyed virtually complete impunity. The book tracks a number of accountability solutions to this tragic state of affairs that are being explored within multilateral gatherings, by states, and by civil society actors, including innovations of institutional design; the reactivation of a range of domestic jurisdictional principles (including universal jurisdiction in Europe); the emergence of creative investigative and documentation techniques, technologies, and organizations; and the rejection of state consent as a precondition for the exercise of jurisdiction. Engaging both law and policy around international justice, the text offers a set of justice blueprints, within and without the International Criminal Court. It also considers the utility, propriety, and practicality of establishing an ad hoc tribunal and pursuing a transitional justice program without a genuine political transition. All told, the book attempts to capture the creative energy radiating from members of the international community intent on advancing the accountability norm in Syria even in the face of geopolitical blockages within the U.N. Security Council. In so doing, it presents the range of juridical measures—both criminal and civil—that are available to the international community to respond to the crisis, if only the political will existed.

Legitimacy of International Law and the Exercise of Administrative Functions: The Example of the International Seabed Authority, the International Maritime Organization (IMO) and International Fisheries Organizations

2008 ◽  
Vol 9 (11) ◽  
pp. 2039-2060 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
Executive Functions ◽  
International Law ◽  
Mineral Resources ◽  
Exploration And Exploitation ◽  
Legal Regime ◽  
Public And Private ◽  
Administrative Functions ◽  
International Seabed Authority ◽  
Settlement Of Disputes ◽  
Private Actors

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.

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?

The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors

2021 ◽  
pp. 45-67
Author(s):  
Joanna Dingwall
Keyword(s):  
Rare Earth ◽  
Rare Earth Elements ◽  
Continental Shelf ◽  
Mineral Resources ◽  
Mining Activities ◽  
National Jurisdiction ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Technological Analysis

Chapter 2 addresses the importance of the deep seabed beyond national jurisdiction and charts the rise in mining activities within it, drawing on scientific, geological and technological analysis, where appropriate, to place deep seabed mining in its broader context. In order to do so, Chapter 2 assesses the scope of the deep seabed beyond national jurisdiction (in contrast to the maritime zones under national jurisdiction, including the continental shelf). The chapter then examines the types of mineral resources that the deep seabed contains (including the potential for rare earth elements). Thereafter, the chapter explores the likely viability of deep seabed mining, both in terms of its impact on the marine environment, and in light of technological challenges and market prospects. Chapter 2 also provides an overview of the current extent of mining activities authorised by the International Seabed Authority (ISA).

scholarly journals Rethinking the Post-2015 Development Agenda: Eight Ways to End Poverty Now

1970 ◽  
Vol 7 ◽  
Author(s):  
Thomas Pogge ◽  
Mitu Sengupta
Keyword(s):  
Sustainable Development Goals ◽  
Institutional Design ◽  
Design Decisions ◽  
The Sustainable Development ◽  
Global Institutions ◽  
Development Agenda ◽  
New Development ◽  
Development Goals ◽  
Supranational Level ◽  
Real Action

The debate about the Sustainable Development Goals (SDGs), which are to replace the Millennium Development Goals (MDGs) when they expire in 2015, is moving very quickly. Weighing in on this debate, we argue that if the SDGs are to be as effective as they can realistically be, concrete responsibilities must be assigned to specific competent actors, measurement methods involved in development targets must not be allowed to be changed midway, and the tracking of progress must be left to independent experts. New development goals should aim for inequality reduction, a more comprehensive view of poverty, and, most importantly, systemic reforms of global institutions. The world will not make decent progress against poverty until the most powerful agents accept real action commitments, not only in the marginal area of development assistance, but in all their policy and institutional design decisions, at both the domestic and especially the supranational level. We end with eight examples of institutional reform goals – ranging from deterring trade barriers to mitigating the effects of lost corporate tax revenues on poor populations – that should be included in the new list.

scholarly journals Does the International Community Have Efforts to Protect the Marine Environment from Seabed Mining?

2021 ◽  
Vol 5 (2) ◽  
pp. 273
Author(s):  
Idris Idris ◽  
Taufik Rachmat Nugraha
Keyword(s):  
Deep Sea ◽  
Marine Ecosystem ◽  
Future Generation ◽  
International Community ◽  
Law Of The Sea ◽  
The Future ◽  
Minimum Requirements ◽  
The Law ◽  
International Seabed Authority ◽  
The One

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.

The Ocean’s Riches

2017 ◽  
Author(s):  
Chris Armstrong
Keyword(s):  
Mineral Resources ◽  
State Control ◽  
Extended State ◽  
Fishing Rights ◽  
International Seabed Authority

This chapter discusses the resources contained in or under the world’s oceans, which have been somewhat neglected by political theorists but which are hugely significant. It first discusses the case of fishing rights, in which we have seen a mixture of extended state control and unconstrained exploitation in the area beyond state jurisdiction, and shows that this approach has failed to deliver on either intra-generational justice or sustainability. It then discusses the mineral resources contained in the portions of the seabed which still fall beyond state control. Agreement has been reached, under the auspices of the International Seabed Authority, to harness the exploitation of these potentially valuable minerals to promote global equality. The chapter welcomes this development and identifies some wider lessons we might draw from it for the struggle to put resources to work to promote global equality.

Sharing and Preserving the Resources in the Deep Sea: Challenges for the International Seabed Authority

2017 ◽  
Vol 32 (3) ◽  
pp. 427-457 ◽  
Author(s):  
Michael W. Lodge ◽  
Kathleen Segerson ◽  
Dale Squires
Keyword(s):  
Deep Sea ◽  
Mineral Resources ◽  
Environmental Resources ◽  
Economic Returns ◽  
Complex Interactions ◽  
Wide Range ◽  
Governance Challenges ◽  
Alternative Means ◽  
Key Issues ◽  
International Seabed Authority

Abstract The development of mineral resources in the deep sea can potentially generate significant economic returns, but also raises governance challenges. The International Seabed Authority (isa) wrestles with a wide range of issues and complex interactions that may affect not only how the industry develops over time, but also how development will benefit mankind. Two key issues they face are the means for sharing the payments from deep sea mining (dsm), and protecting environmental resources in the deep sea from harmful effects. This article provides an overview of issues for deciding among alternative means of distributing the isa’s share of monetary returns that will be realized as deep sea mineral resources, how they are converted from natural assets into financial assets, and alternative approaches to ensure that exploitation of these resources does not come at the expense of mankind also benefiting from the environmental resources provided by the deep sea.

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