scholarly journals International Deep Seabed Mining and China’s Legislative Commitment to Marine Environmental Protection

2017 ◽  
Vol 10 (2) ◽  
pp. 489-490
Author(s):  
Hao Shen ◽  
Author(s):  
Harrison James

Chapter 8 considers the regulation of seabed activities within and beyond national jurisdiction. First, the legal framework for seabed activities within national jurisdiction is examined, highlighting the central role played by coastal States, the basic rules that apply by virtue of UNCLOS, and the opportunities for supplementary global or regional rules to improve marine environmental protection. The chapter undertakes a case study of the development of rules and standards relating to the hydrocarbon industry. The chapter then turns to the regulation of seabed activities beyond national jurisdiction. In this context, UNCLOS confers significant legislative and enforcement powers on the International Seabed Authority, which acts on behalf of the international community to regulate deep-seabed mining. The chapter analyses the way in which environmental protection has been integrated into Regulations to date, and discusses future challenges remaining in this respect.


2021 ◽  
pp. 199-234
Author(s):  
Joanna Dingwall

Chapter 6 considers whether the continuing development by the International Seabed Authority (ISA) of the regulatory framework for deep seabed mining beyond national jurisdiction is on course to secure the common heritage’s main material components of benefit sharing and marine environmental protection, in the face of increasing corporate activity. It addresses the emerging regulatory regime provided in the Draft Exploitation Regulations in relation to the planned payment mechanism and the protection of the marine environment. As Chapter 6 explains, a key measure of the regime’s ability to secure the common heritage in these respects will be the extent to which it retains regulatory flexibility to adapt to new challenges. Chapter 6 also considers the existing framework for implementation, responsibility and enforcement, as underpinned by binding dispute resolution options. It concludes by assessing the position of corporate actors in terms of each of these aspects, as robust implementation options will be vital for achievement of the common heritage.


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