scholarly journals Mining the Deep Seabed: Is Malaysia Ready?

2017 ◽  
Vol 13 (2) ◽  
pp. 107
Author(s):  
Nik Munirah Nik Fuad ◽  
Wan Izatul Asma Wan Talaat ◽  
Mohd Hazmi Mohd Rusli
Keyword(s):  
Marine Environment ◽  
Biological Diversity ◽  
Mineral Resources ◽  
State Party ◽  
High Concentration ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
Deep Seabed Mining ◽  
Seabed Mining ◽  
Mining Exploration

The mineral industry is expanding fast coinciding with the increase in demands. The depleting land-based minerals has led to the seeking of mineral resources especially from deep sea. Deep seabed minerals have high concentration of precious metal in comparison to land-based minerals. A lot of countries have started to explore and exploit the deep seabed minerals. Thus, it is necessary for Malaysia to commence on deep seabed mining exploration to reap its economic and technological benefits. Similarly, like land mining, the marine environment will face environmental degradation from deep seabed mining exploration. Being a State-party to the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) and Convention of Biological Diversity 1994 (CBD), Malaysia has yet to develop a set of policies, regulations and laws related to deep seabed mining to mitigate its effect to the marine environment coinciding to the requirements of these conventions. The purpose of this study is to explore the preparedness of Malaysia to embark on exploration of deep seabed mining in areas beyond the national jurisdiction while observing the effects of deep seabed mining to the marine environment. The challenges in exploring the deep seabed mining as well as the relevant international and national laws related to deep seabed mining will also be observed in this study.

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?

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.

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 On the War Ethics of Unmanned Aerial Vehicle

2017 ◽  
Vol 13 (2) ◽  
pp. 134
Author(s):  
Zhaolei Guo ◽  
Jie Ma ◽  
Xiaocun Wang
Keyword(s):  
Marine Environment ◽  
Ethics Of Technology ◽  
Ethics Of Science ◽  
National Jurisdiction ◽  
Aerial Vehicle ◽  
Scientific Ethics ◽  
Deep Seabed Mining ◽  
The Right ◽  
Seabed Mining ◽  
The Military

The application of the armed UAV has been questioned for years. This paper hopes to examine the ethical rationality of using the armed UAV. Before this, we question some blames from the Pacifists, especially the blaming on using UAV in the military attack on terrorists. Ethical questions about the UAV’ military actions mainly concentrate in two aspects: the right to life and ethics of science and technology. The former involves the subjects' value sequencing and moral selection problem, which requires discussions under specific situations, otherwise it will make no sense. As for the latter, ethics of technology, defects would be resolved in the development. It’s important to not get technological risk and scientific ethics confused, which would make discussions on a wrong way. ions and laws related to deep seabed mining to mitigate its effect to the marine environment coinciding to the requirements of these conventions. The purpose of this study is to explore the preparedness of Malaysia to embark on exploration of deep seabed mining in areas beyond the national jurisdiction while observing the effects of deep seabed mining to the marine environment. The challenges in exploring the deep seabed mining as well as the relevant international and national laws related to deep seabed mining will also be observed in this study.

Part III Marine Biodiversity Conservation and Global Ocean Governance, 8 Marine Biodiversity of Areas Beyond National Jurisdiction: Securing a Sound Law of the Sea Instrument

2018 ◽  
Author(s):  
Millicay Fernanda
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Un General Assembly ◽  
United Nations Convention

This chapter examines the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). It first provides an overview of the Preparatory Committee (PrepCom), convened by the UN General Assembly to make recommendations on the elements for a possible future multilateral agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The material scope of the PrepCom is constituted by ‘the package’ agreed upon in 2011 and includes the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The chapter discusses the challenges of the package, focusing on two interlinked dimensions of the package plus the big issue that underlies it. It also considers two main tasks facing PrepCom: the first is to clearly identify all elements of each substantive set of issues composing the package, and the second task is to understand the implications of each element of these three substantive sets of issues and the inter-linkages between them.

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.

7 ITLOS’s Jurisprudential Contributions: Present and Future

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
Dispute Settlement ◽  
Biological Diversity ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
Future Challenges ◽  
National Jurisdiction ◽  
Maritime Disputes ◽  
The Law ◽  
International Adjudication ◽  
Substantive Law

This chapter explores the present and future contributions of the International Tribunal for the Law of the Sea (ITLOS). Presently, ITLOS has made substantial contributions to the peaceful solution of ongoing maritime disputes and to international efforts against illegal, unreported, and unregulated fishing. It has also provided guidance on the responsibility and liability regarding activities in the deep seabed area for the benefits of humankind as well as developed procedural rules and substantive law in international adjudication. Human rights at sea, marine environment protection and preservation, and delimitation of the continental shelf beyond 200 nautical miles are some of the areas of the law of the sea elucidated by ITLOS’s rulings. Future challenges include legal issues pertaining to sea-level rise, dispute settlement as regards biological diversity of areas beyond national jurisdiction, and potential contentious cases before the Seabed Disputes Chamber arising from exploitation of mineral resources in the deep seabed.

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.

Developing a Business and Human Rights Treaty: Lessons from the Deep Seabed Mining Regime Under the United Nations Convention on the Law of the Sea

2020 ◽  
Vol 5 (2) ◽  
pp. 200-220 ◽  
Author(s):  
Nadia BERNAZ ◽  
Irene PIETROPAOLI
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Law Of The Sea ◽  
Business And Human Rights ◽  
State Obligations ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Deep Seabed Mining ◽  
Seabed Mining

AbstractThis article delves into the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) with a view to inform the negotiating process of the proposed business and human rights (BHR) treaty. It highlights points of convergence and divergence between the two regulatory regimes and explores how the BHR treaty negotiations could draw from the deep seabed mining regime with regard to the responsibility and liability of states and corporations. In particular, it suggests that a BHR treaty could incorporate some of the arrangements of UNCLOS to address state obligations and direct corporate human rights obligations, both of a general and specific nature, including the obligation to carry out human rights due diligence. The article also proposes a mechanism of responsibility and liability of states and corporations under the future BHR treaty going beyond UNCLOS and embracing residual liability for home and/or host states.

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