Proportionally Matching Voluntary Contributions to Global Public Good Institutions: Proposed Mechanisms for Using Future Royalty Revenues from Deep Seabed Mining beyond National Jurisdiction

2020 ◽  
Author(s):  
Lennart Stern
Keyword(s):  
Public Good ◽  
Global Public Good ◽  
Voluntary Contributions ◽  
National Jurisdiction ◽  
Deep Seabed Mining ◽  
Seabed Mining

African States and Participation in Deep Seabed Mining: Problems and Prospects

2009 ◽  
Vol 24 (4) ◽  
pp. 683-712 ◽  
Author(s):  
Edwin Egede
Keyword(s):  
Law Of The Sea ◽  
Special Interests ◽  
National Jurisdiction ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining

AbstractThe Law of the Sea Convention requires that effective participation of developing States Parties in activities in the deep seabed beyond national jurisdiction (the Area) should be promoted having due regard to their special interests and needs (especially those of landlocked and geographically disadvantaged states). This article examines the difficulties in actual, direct and effective participation by African states in deep seabed mining and possible co-operative endeavours that African states may embark upon to overcome some of these constraints in order to advance the prospects of their actual, direct and effective participation in deep seabed mining.

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).

Navigating Environmental Approval Pathways for Deep Seabed Mining Projects in Areas Beyond National Jurisdiction (the Area)

2021 ◽  
Vol 55 (6) ◽  
pp. 31-39
Author(s):  
David Gwyther
Keyword(s):  
Renewable Energy ◽  
Environmental Impact ◽  
Social Impact ◽  
Environmental Impact Statement ◽  
Social Impact Assessment ◽  
National Jurisdiction ◽  
Standards And Guidelines ◽  
Mining Projects ◽  
Deep Seabed Mining ◽  
Seabed Mining

Abstract Deep-seabed mining (DSM) is a developing industry with high potential to help meet the metal demand for the transition to a renewable energy world. No DSM projects have yet received environmental approval, although several are in progress, following the Environmental and Social Impact Assessment (ESIA) process that has been developed and widely applied for projects in national jurisdictions. Currently, the International Seabed Authority's (ISA) regulations, standards, and guidelines for mineral exploitation of seabed minerals in the Areas Beyond National Jurisdiction (the Area) are in draft form. Proponents are guided in their ESIA studies by the ISA's Recommendations for the Guidance of Contractors for the Assessment of the Possible Environmental Impacts Arising From Exploration for Marine Minerals in the Area and are proceeding in expectation that the currently draft regulations will be finalized by the time an environmental impact statement can be submitted. This paper discusses the pathways leading to environmental assessment and approvals, comparing the processes in national jurisdictions with those for projects in the Area.

scholarly journals No people, no problem – narrativity, conflict, and justice in debates on deep-seabed mining

2020 ◽  
Vol 75 (2) ◽  
pp. 139-150 ◽  
Author(s):  
Oscar Schmidt ◽  
Manuel Rivera
Keyword(s):  
Raw Materials ◽  
Legal Framework ◽  
Political Agenda ◽  
Negative Consequences ◽  
National Jurisdiction ◽  
International Seabed Authority ◽  
Fact Finding ◽  
Deep Seabed Mining ◽  
The 1960S ◽  
Seabed Mining

Abstract. While the idea of extracting deep-seabed resources dates back to as early as the 1960s, it remained pure fiction for decades due to limited technical possibilities and prohibitive costs. In recent years, against the backdrop of changing technical possibilities and a persistently high demand for raw materials, deep-seabed mining (DSM) has returned to the international political agenda. While numerous fact-finding missions engage in mapping the ocean's resources and public–private partnerships prepare to make an active engagement in mining the seabed, the International Seabed Authority (ISA) is entrusted with the development of a legal framework for possible future mining in accordance with the requirements defined under the UN Convention on the Law of the Sea (UNCLOS). The preparations for DSM are accompanied and ultimately shaped by a discourse on possible opportunities and risks of mining the deep seabed. The paper at hand traces dominant discursive positions and their narrative structures as a way of explaining the relative success or failure of DSM proponents who speak in favor of mining the seabed and DSM critics who warn against its striking environmental impacts and inestimable risks. We proceed from the observation that the historic discourse on the deep sea beyond national jurisdiction was rooted in what we call “narratives of promise” regarding global procedural and distributive justice, environmental health, and peaceful international cooperation. Our findings show how in today's debates the theme of global marine justice, which dominated the historic DSM discourse, is close to a “nonstory”. DSM is commonly narrated as a merely technocratic and apolitical process that appears to be free of social and environmental conflict. We conclude by arguing that to arrive at more successful critical narratives on DSM will require more pronounced depictions of the negative consequences in particular for humans, exposing the “politics” in DSM policy making and developing more competitive stories on alternatives to DSM.

Common Management through Institutional Architecture – What is the Scope of the UNCLOS Deep Seabed Mining Regime and the Role of the ISA within it?

2021 ◽  
pp. 103-149
Author(s):  
Joanna Dingwall
Keyword(s):  
Effective Control ◽  
Institutional Power ◽  
State Sponsorship ◽  
National Jurisdiction ◽  
International Seabed Authority ◽  
Deep Seabed Mining ◽  
Regulatory Flexibility ◽  
Institutional Architecture ◽  
Seabed Mining

Chapter 4 evaluates the role of common management in securing a common heritage framework for deep seabed mining beyond national jurisdiction (in the Area). To this end, Chapter 4 assesses the common management system for deep seabed mining within the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS provides a system of common rules applicable to the Area, together with the regulatory flexibility for this system to be developed and enforced, in practice, by a unique, unprecedented form of institutional power, wielded by the International Seabed Authority (ISA). The chapter includes analysis of the ISA’s progress towards development of the Mining Code, and the functioning of its contract-based licensing process, in practice. Chapter 4 addresses the means by which corporations may become participants in the regime (through state sponsorship, nationality and effective control requirements) and the extent to which the regime filters down to apply to them directly.

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.

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