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 International Seabed Authority and Article 82 of the UN Convention on the Law of the Sea

2006 ◽  
Vol 21 (3) ◽  
pp. 323-333 ◽  
Author(s):  
Michael Lodge
Keyword(s):  
Continental Shelf ◽  
Deep Sea ◽  
International Community ◽  
Law Of The Sea ◽  
Sea Bed ◽  
The Law ◽  
International Seabed Authority ◽  
Definition Of

AbstractSince the entry into force in 1994 of the UN Convention on the Law of the Sea (the LOSC), a great deal of attention has been focused on the implementation of Article 76 of the Convention, which establishes the juridical definition of the continental shelf. In comparison, very little attention has been given to Article 82, which provides that payments or contributions in kind are to be made by coastal states in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles. Those payments or contributions in kind are to be distributed by the International Seabed Authority to developing states, "particularly the least developed and the land-locked amongst them". The Convention provides little guidance as to how Article 82 might be implemented in practice. The basic idea behind the provision is quite straightforward. But the text suffers from a lack of precision and raises numerous questions of interpretation. In this presentation, the author illustrates some of the difficult issues of principle and of practice that Article 82 raises. There is a strong possibility that the first source of revenue for the international community from the resources of the deep sea-bed is likely to be the payments or contributions made through Article 82. For that reason, it is important that the difficulties associated with Article 82 are resolved sooner rather than later in order to avoid potential future disputes over the interpretation and application of the Article as well as to provide certainty to industry anxious to promote activities on the continental shelf.

The International Tribunal for the Law of the Sea

1998 ◽  
Vol 11 (3) ◽  
pp. 527-546 ◽  
Author(s):  
Thomas A. Mensah
Keyword(s):  
Deep Sea ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Legal Questions ◽  
First Case ◽  
Organizational Work ◽  
The Law ◽  
International Seabed Authority ◽  
Judicial Procedure ◽  
Advisory Opinions

The International Tribunal for the Law of the Sea is one of the “compulsory procedures entailing binding decisions” provided for in Article 287 of the Convention. The Tribunal is established by Annex VI to the Convention which is its Statute. Within the Tribunal is established the Seabed Disputes Chamber which has jurisdiction to deal with respect to deep-sea mining activities covered by Part XI of the Convention.The Tribunal performs three different but closely related functions. The first is to offer a forum of choice for states parties to the Convention to settle disputes concerning the interpretation or application of the provisions of the Convention. The second function is to provide a special, and largely mandatory, procedure for dealing with disputes in connection with the interpretation and application of the provisions of Part XI of the Convention. This is the function of the Seabed Disputes Chamber. The Chamber also has competence to give advisory opinions on legal questions arising within the scope of the activities of the Assembly and Council of the International Seabed Authority. Thirdly, the Tribunal serves as a residual and compulsory mechanism for the settlement of certain disputes identified by the Convention as requiring expeditious decision, such as applications for the prompt release of arrested vessels and crew or requests for the prescription of provisional measures pending final decisions in cases. The Tribunal may also deal with disputes arising under other maritime agreements, if the agreements so provide.The Tribunal commenced operations in October 1996. It has completed organizational work for its administrative judicial functions. It has adopted its Rules, the Resolution on the Internal Judicial Procedure and Guidelines to assist parties appearing before it. It has also established special Chambers. The Tribunal has already dealt with one application for the prompt release of a vessel and crew arrested in a foreign port and one request for provisional measures. Proceedings are in progress on the merits of the first case submitted to it.

How Can Life in the Deep Sea Be Protected?

2009 ◽  
Vol 24 (2) ◽  
pp. 281-307 ◽  
Author(s):  
Frida Armas-Pfirter
Keyword(s):  
Continental Shelf ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Mining Activities ◽  
Careful Attention ◽  
Highly Sensitive ◽  
The Law ◽  
International Seabed Authority ◽  
And Control

AbstractThe Area and the continental shelf contain living and non-living resources. Although these resources are not expressly regulated by the UN Convention on the Law of the Sea, the International Seabed Authority is entitled to manage, protect and control these resources on behalf of humankind. However, intrusions in this highly sensitive environment by means of scientific explorations, bioprospecting or mining activities present considerable threats. The highly complex symbiosis of those resources requires careful attention, as their habitat transcends jurisdictional boundaries.

Global Governance of Deep-Sea Fisheries

2004 ◽  
Vol 19 (3) ◽  
pp. 289-298 ◽  
Author(s):  
Moritaka Hayashi
Keyword(s):  
Global Governance ◽  
Deep Sea ◽  
Law Of The Sea ◽  
Governance System ◽  
Legal Regime ◽  
Short Term ◽  
Fish Stocks ◽  
The Law ◽  
Global Agreement ◽  
High Seas

AbstractThis article considers the gaps in the existing legal regime on deep-sea fisheries and explores a more effective global governance system. It is proposed that a new global agreement, modeled on the 1995 UN Fish Stocks Agreement, be negotiated covering deep-sea stocks as well as other high seas resources, so that all fisheries on the high seas may be covered. The proposed agreement would complete the gaps in high seas fisheries regime and serve as an effective link between the UN Convention on the Law of the Sea and regional fisheries bodies. As a short-term measure, FAO should prepare a set of guidelines covering all types of deep-sea fisheries, including shared and transboundary stocks as well as discrete high seas stocks. In addition, FAO's Committee on Fisheries should be strengthened in its global governance role, including co-ordination of all regional fisheries bodies

Islam, Islamic Law and Constitution Making: International and Domestic Engagement in the Constitution-Making Process in Afghanistan

MAZAHIB ◽  
2020 ◽  
Vol 19 (1) ◽  
Author(s):  
Ahmad Rofii
Keyword(s):  
Public Participation ◽  
Islamic Law ◽  
International Community ◽  
The Other ◽  
The Public ◽  
The Future ◽  
The One ◽  
Constitution Making

The making of the 2004 Constitution was a significant moment amidst the continuing conflicts in Afghanistan. It was an attempt to transform differences and conflicts into a shared agenda for the future of the country. The process of constitution-making in Afghanistan was marked by intense negotiations between the international community and actors, on the one hand, and domestic actors, on the other. The outcome would be called a “win-win solution”. This essay focuses on the making of the Islam-related clauses: How was the public participation? How has the negotiation been undertaken? What was the result and why? This essay is an attempt to answer those questions. It will argue that the process of constitution-making in Afghanistan particularly with regard to the Islam clauses is the acts of negotiations between different competing actors. The Constitution is the product of negotiations not only between international and domestic actors, but also between domestic actors. As evident in the making of the Islam clauses, these negotiations might be characterized as between puritan Islamist and more moderate Muslim actors.Pembuatan Konstitusi Afghanistan tahun 2004 adalah momen penting di tengah konflik yang terus berkecamuk. Ia merupakan upaya untuk mentranformasi perbedaan dan konflik menjadi agenda bersama bagi masa depan negeri ini. Proses pembuatan konstitusi Afghanistan ditandai oleh negosiasi yang intens antara masyarakat dan aktor-aktor international di satu sisi, dan aktor-aktor domestik di sisi lain. Hasilnya dapat disebut ‘win-win solution’. Tulisan ini fokus pada pembuatan klausul-klausul Islam: Bagaimana partisipasi publiknya? Bagaimana negosiasi dilakukan? Apa hasil dan mengapa? Tulisan ini adalah upaya untuk menjawab pertanyaan-pertanyaan tersebut. Ia akan beragumen bahwa proses pembuatan Konstitusi di Afghanistan khususnya terkait dengan klausul-klausul Islam merupakan tindakan negosiasi antara aktor-aktor yang berbeda. Konstitusi Afghanistan tidak saja merupakan produk negosiasi antara aktor-aktor internasional dan domestik, tetapi juga di antara aktor-aktor domestik itu sendiri. Sebagaimana terbukti dari pembuatan klausul-klausul Islam, negosiasi-negosiasi tersebut dapat dikarakteristikan sebagai negosiasi antara aktor puritan Islamis and aktor yang lebih moderat.

8. The law of the sea

2021 ◽  
pp. 104-116
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Economic Zone ◽  
The Law ◽  
The One ◽  
High Seas

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone; namely, internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.

8. Law of the sea

2019 ◽  
pp. 99-112
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
The Other ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
Economic Zone ◽  
The Law ◽  
The One ◽  
High Seas

The law of the sea governs the relations of States in respect of the uses of the seas. It allocates competences between, on the one hand, coastal States wishing to extend their jurisdictional reach as far as possible and the flag States, on the other, wishing to have the seas open for vessels to navigate and for other uses. The chapter discusses the laws applicable to each maritime zone, namely internal waters, the territorial sea, the contiguous zone, the Exclusive Economic Zone, the high seas, and the seabed. It also sets out the rules of maritime delimitation between States with opposite or adjacent coastlines.

‘Due Regard’ Obligations under the 1982 UN Convention on the Law of the Sea: The Laying of Cables and Activities in the Area

2019 ◽  
Vol 34 (2) ◽  
pp. 167-194 ◽  
Author(s):  
Tullio Treves
Keyword(s):  
Law Of The Sea ◽  
International Courts ◽  
Cable Laying ◽  
The Law ◽  
International Seabed Authority ◽  
Settlement Of Disputes ◽  
The Way

Abstract This article examines in detail the obligations of ‘due regard’ found in the 1982 UN Convention on the Law of the Sea (LOSC). It considers the way these are reflected in the International Seabed Authority (ISA) current Prospecting and Exploration Regulations, and then looks at the way that ‘due regard’ obligations have been considered by international courts and tribunals and by scholars. It then considers the specific ‘due regard’ issues raised by cable laying, and the modalities for settlement of disputes that may arise from such activities.

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