The International Seabed Authority and the Seabed Mining Regime

2017 ◽  
pp. 71-115
Keyword(s):  
International Seabed Authority ◽  
Seabed Mining

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.

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.

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 International Seabed Regime in Southeast Asia: The Lack of ASEAN Member States’ Role in Seabed Mining

2018 ◽  
Vol 3 (1) ◽  
pp. 37
Author(s):  
Arif Satrio Nugroho ◽  
Ika Riswanti Putranti
Keyword(s):  
High Technology ◽  
Environmental Issue ◽  
Government Officials ◽  
Member States ◽  
Asean Member ◽  
Main Factors ◽  
International Seabed Authority ◽  
To Come ◽  
Seabed Mining

International Seabed Authority (ISA) as a part of implementation of UNCLOS Part XI has main objective is to foster healthy economic development especially for developing states and to minimize the negative environmental impacts derived from activities in the area. Although ISA had facilitated states to provide legal procedure to establish seabed explorations, the role of developing states are still lacking. For instance, the role of ASEAN member states are still minimum though some of its states rely on maritime resources such as Indonesia and Philippines. This paper argues that there are two main factors that cause minimum roles of ASEAN states in the development of seabed mining; lack of awareness of government officials, academics and its people in development of law of sea, mainly in seabed mining matters and the excessive cost and high technology requirements to explore and later to exploit seabed materials. To overcome the issue, ASEAN states should increase its stakeholder awareness in law of sea progress and the importance of seabed mining. In addition, ASEAN states could wait the Enterprise as an economic arm of The Authority to come into account to facilitate developing states in seabed exploitation for commercial value. In order to overcome environmental issue regarding seabed mining, ASEAN should maximize its own body of institution which already been built.Keywords: International Seabed Authority, seabed mining, ASEAN 

scholarly journals Recognition of ecosystem-based management principles in key documents of the seabed mining regime: implications and further recommendations

2020 ◽  
Author(s):  
Maila Guilhon ◽  
Francesc Montserrat ◽  
Alexander Turra
Keyword(s):  
Deep Sea ◽  
Ecosystem Approach ◽  
Regulatory Framework ◽  
Law Of The Sea ◽  
Ecosystem Based Management ◽  
Holistic Approaches ◽  
United Nations Convention ◽  
International Seabed Authority ◽  
Seabed Mining ◽  
Over Time

Abstract New human uses on the marine environment, such as deep-sea mining (DSM), have necessitated the adoption of more holistic approaches such as ecosystem-based management (EBM) to secure sustainable development. The United Nations Convention on the Law of the Sea (UNCLOS) and the rules, regulations, and procedures adopted by the International Seabed Authority (ISA) represent the main regulatory framework to govern DSM activities. This study aimed to examine whether UNCLOS and ISA documents include references to EBM principles, and if these references vary in documents through time. Following a literature review, 26 EBM principles were collated into 8 general categories, and their adherence to 5 key documents related to the DSM regime was analysed. Results demonstrated a trend in recognizing EBM principles in documents over time, especially in the Draft Regulations for Exploitation. However, the mere recognition of EBM principles in the regulatory framework does not guarantee that the approach will be clearly understood and appropriately incorporated by contractors throughout the process. For such, further clarification on the meaning of the Ecosystem Approach in the DSM context and building the capacity of the ISA Legal and Technical Commission are among the recommendations presented by this study.

scholarly journals Deep-Seabed Mining May Come Soon, Says Head of Governing Group

Eos ◽  
2017 ◽  
Author(s):  
Randy Showstack
Keyword(s):  
Sustainable Mining ◽  
Technical Challenges ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining

New regulations could open the door for sustainable mining, says the head of the International Seabed Authority. However, he and others pointed to environmental, financial, and technical challenges.

Balancing Community and Autonomy – To What Extent Does the Regime Reconcile ISA Regulatory Authority and Investment Protection for Corporate Actors?

2021 ◽  
pp. 235-268
Author(s):  
Joanna Dingwall
Keyword(s):  
International Investment ◽  
International Investment Law ◽  
Investment Protection ◽  
Common Heritage ◽  
Commercial Viability ◽  
The Common ◽  
Corporate Investors ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Seabed Mining

Chapter 7 assesses the extent to which the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS), as developed and enforced by the International Seabed Authority (ISA), strikes an appropriate balance between the dual common heritage goals of community and autonomy. Chapter 7 focuses on reconciling the ISA’s right to regulate on behalf of humanity with investment protection rights for deep seabed miners. It considers whether the UNCLOS deep seabed mining regime incorporates protections that are functionally equivalent to international investment law rights, backed by binding dispute resolution options. These are crucial considerations for corporate investors, and may influence the commercial viability of the regime. Chapter 7 then evaluates whether such investment protection rights may be balanced alongside the ISA’s right to regulate concerning the communitarian aspects of the common heritage, thereby achieving an overall balance between community and autonomy within the regime.

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