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This book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining. The wide array of activities which we refer to as deep sea mining are not governed by one universal framework. On the contrary, numerous legal instruments play a role, and it is important to maintain a clear overview. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overarching regime, but important distinctions must be made. For example, deep sea mining in the Area is subject to international regulations adopted by the International Seabed Authority (ISA), while similar activities on the continental shelf fall under national jurisdiction and are governed by domestic legislation of the coastal state. This dichotomy must be nuanced, however, taking into account that non-state actors conducting deep sea mining operations in the Area must also adhere to national laws of the sponsoring state, while mineral exploration and exploitation on the continental shelf are likewise subject to a number of international rules and principles. Moreover, separate exploration regulations were adopted by the ISA for distinct categories of mineral resources, and national legislation on deep sea mining is quite diverse. This book clearly identifies all relevant legal instruments, assesses their role, explains their interactions, and engages with some of the topical issues that surround them.
This book provides a comprehensive analysis and explanation of the legal regime with regard to deep sea mining. The wide array of activities which we refer to as deep sea mining are not governed by one universal framework. On the contrary, numerous legal instruments play a role, and it is important to maintain a clear overview. The United Nations Convention on the Law of the Sea (UNCLOS) sets out the overarching regime, but important distinctions must be made. For example, deep sea mining in the Area is subject to international regulations adopted by the International Seabed Authority (ISA), while similar activities on the continental shelf fall under national jurisdiction and are governed by domestic legislation of the coastal state. This dichotomy must be nuanced, however, taking into account that non-state actors conducting deep sea mining operations in the Area must also adhere to national laws of the sponsoring state, while mineral exploration and exploitation on the continental shelf are likewise subject to a number of international rules and principles. Moreover, separate exploration regulations were adopted by the ISA for distinct categories of mineral resources, and national legislation on deep sea mining is quite diverse. This book clearly identifies all relevant legal instruments, assesses their role, explains their interactions, and engages with some of the topical issues that surround them.
This book is a sequel to ’Deep-Sea Mining: Resource Potential, Technical and Environmental Considerations’ (2017) and ‘Environmental Issues of Deep-Sea Mining: Impacts, Consequences and Policy Perspectives’ (2019), and aims to provide a comprehensive volume on different perspectives of deep-sea mining from specialists around the world. The work is timely, as deep-sea minerals continue to enthuse researchers involved in activities such as ascertaining their potential as alternative sources for critical metals for green energy and other industrial applications, as well as technology development for their sustainable exploration and exploitation, while addressing environmental concerns. With a steady increase in the number of contractors having exclusive rights over large tracts of seafloor in the ‘Area’, i.e. area beyond national jurisdictions, the International Seabed Authority, mandated with the responsibility of regulating such activities, is in the process of developing a code for exploitation of deep-sea minerals. These, coupled with growing interest among private entrepreneurs, investment companies and policy makers, underscore the need for updated information to be made available in one place on the subject of deep-sea mining. The book evaluates the potential and sustainability of mining for deep-sea minerals compared to other land-based deposits, the technologies needed for mining and processing of ores, the approach towards environmental monitoring and management, as well as the regulatory frameworks and legal challenges to manage deep-sea mining activities. The book is expected to serve as an important reference for all stakeholders including researchers, contractors, mining companies, regulators and NGOs involved in deep-sea mining.
The Mineral Resources of the Sea
Characterizing the seabed : a geoscience perspective / Alvar Braathen and Harald Brekke -- Deep-sea ecosystems : biodiversity and anthropogenic impacts / Eva Ramirez-Llodra -- A short human history of the ocean floor / Håkon With Andersen -- Setting maritime limits and boundaries : experiences from Norway / Harald Brekke -- The seabed in the high north : how to address conflicts? / Alexander S. Skaridov -- Current human impact on Antarctic seabed environment and international law / Y.E. Brazovskaya and G.F. Ruchkina -- Commercial mining activities in the deep seabed beyond national jurisdiction : the international legal framework / Joanna Dingwall -- Framework legislation for commercial activities in the area / Erik Røsæg -- Maritime security and deep seabed beyond national jurisdiction / Edwin Egede -- The rights to genetic resources beyond national jurisdiction : challenges for the ongoing negotiations at the United Nations / Tullio Scovazzi -- Marine genetic resources : a practical legal approach to stimulate research, conservation and benefit sharing / Morten Walløe Tvedt -- Deep-sea bottom fisheries and the protection of seabed ecosystems : problems, progress and prospects / Richard Caddell -- Review of national legislations applicable to seabed mineral resources exploitation / Saul Roux and Catherine Horsfield -- European Union law and the seabed / Finn Arnesen, Rosa Greaves, and Alla Pozdnakova -- China's domestic law on the exploration and development of resources in deep seabed areas / Chelsea Zhaoxi Chen -- Implementation of article 82 of the United Nations Convention on the law of the sea : the challenge for Canada / Aldo Chircop -- The use of sub-seabed transboundary geological formations for the disposal of carbon dioxide / Nigel Bankes -- Decommissioning of offshore installations : a fragmented and ineffective international regulatory framework / Seline Trevisanut -- Re-using (nearly) depleted oil and gas fields in the North Sea for CO2 storage : seizing or missing a window of opportunity? / Martha M. Roggenkamp -- International investment law and the regulation of the seabed / James Harrison -- Navigating legal barriers to mortgaging energy installations at sea : the case of the North Sea and the Netherlands / Jaap J.A. Waverijn -- Crossing the sectoral divide : modern environmental law tools for addressing conflicting uses on the seabed / Rosemary Rayfuse -- Commercial arrangements and liability for crossing pipelines, power cables and telecom cables (connectors) on the seabed / Lars Olav Askheim -- Balancing competing interests when building marine energy infrastructures : the case of the nord stream pipelines / David Langlet -- Liability and compensation for activities in the area / Kristoffer Svendsen.
This volume discusses environmental issues associated with deep-sea mining, with an emphasis on potential impacts, their consequences and the policy perspectives. The book describes the methods and technologies to assess, monitor and mitigate mining impacts on marine environments, and also suggests various approaches for environmental management when conducting deep-sea mining. The volume brings together information and data for researchers, contractors, mining companies, regulators, and NGOs working in the field of deep-sea mining. Section 1 highlights the various environmental issues and discusses methods and approaches that can help in developing environmentally sustainable deep-sea mining. Section 2 details the results and outcomes of studies related to impact assessment of deep-sea mining, and proposes methods for monitoring. Section 3 discusses the need and means for developing data standards and their application to deep-sea mining. Section 4 discusses the policies, approaches, and practices related to deep-sea mining, suggests formats for developing environmental impact statements (EIS) and environmental management plans (EMP), and describes national and international regulations for environmental management. Section 5 concludes the text by putting deep-sea economic activities into an environmental context and conducting techno-economic analyses of deep-sea mining and processing.
This comprehensive book contains contributions from specialists who provide a complete status update along with outstanding issues encompassing different topics related to deep-sea mining. Interest in exploration and exploitation of deep-sea minerals is seeing a revival due to diminishing grades and increasing costs of processing of terrestrial minerals as well as availability of several strategic metals in seabed mineral resources; it therefore becomes imperative to take stock of various issues related to deep-sea mining. The authors are experienced scientists and engineers from around the globe developing advanced technologies for mining and metallurgical extraction as well as performing deep sea exploration for several decades. They invite readers to learn about the resource potential of different deep-sea minerals, design considerations and development of mining systems, and the potential environmental impacts of mining in international waters.
In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel offers an insightful analysis of the work of the International Seabed Authority and examines whether the Authority is implementing the precautionary principle in regulating and managing deep seabed minerals.
The deep seabed beyond national jurisdiction (known as the Area) comprises almost three-quarters of the entire surface area of the oceans, and is home to an array of prized commodities including valuable metals and rare earth elements. In recent years, there has been a marked growth in deep seabed investment by private corporate actors, and an increasing impetus towards exploitation. This book addresses the unresolved legal challenges which this increasing corporate activity will raise over the coming years, including in relation to matters of common management, benefit-sharing, marine environmental protection, and investment protection. Acting under the United Nations Convention on the Law of the Sea (UNCLOS), the International Seabed Authority is responsible for regulating the Area for the benefit of humanity and granting mining contracts. A product of its history, the UNCLOS deep seabed regime is an unlikely hybrid of capitalist and communist values, embracing the role of private actors while enshrining principles of resource distribution. As technological advances begin to outstrip legal developments, this book assesses the tension between corporate commercial activity in the Area and the achievement of the common heritage.
The deep ocean is the planet's largest biome and holds a wealth of potential natural assets. This book gives a comprehensive account of its geological and physical processes, ecology and biology, exploitation, management, and conservation.