Reflections on the Status and Prospects for Deep Seabed Mining in 2018

2019 ◽  
pp. 3-8
Keyword(s):  
The Status ◽  
Deep Seabed Mining ◽  
Seabed Mining

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.

scholarly journals Potential Contribution of Sponsoring State and Its National Legislation to the Deep Seabed Mining Regime

2021 ◽  
Vol 13 (19) ◽  
pp. 10784
Author(s):  
Xiangxin Xu ◽  
Guifang (Julia) Xue
Keyword(s):  
International Law ◽  
International Organizations ◽  
Potential Contribution ◽  
State Party ◽  
National Legislation ◽  
The Status ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Clear Line ◽  
The Unclos

Companies and legal persons intending to conduct activities in the Area must be sponsored by a State Party of the UNCLOS, which constitute a “dual-track mechanism” with ISA as a primary regulator and sponsoring state as a secondary regulator. This regime setting places companies and legal persons subject to international and national legislation simultaneously. The sponsoring state’s national legislation is thus an integrated part of the DSM regime. This resolves the defects that private entities in DSM are not subject to international law and weak enforcement of international organizations. However, UNCLOS neither draws a clear line of competence between the sponsoring state and the ISA nor provides compulsory components that national legislation should contain, resulting in the disparity between the objective of the establishment of sponsorship and the status quo of the sponsoring state’s role and its national legislation. This paper analyzes the competence of a sponsoring state and regulatory aspects it should focus on to assist the ISA and further proposes such components of the national legislation contributing to the DSM regime.

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.

Sign in / Sign up

Export Citation Format

Share Document