1st Edition

Routledge Handbook of Seabed Mining and the Law of the Sea

Edited By Virginie Tassin Campanella Copyright 2024
    482 Pages 7 B/W Illustrations
    by Routledge

    For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality.

    This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law.

    This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter.

    By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS.

    Chapters I.3, IV.1 and  VI.1.4 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.

    In Memoriam Virginie Tassin Campanella together with friends and colleagues of Robert


    Introduction Virginie Tassin Campanella


    1. Global perspectives
    2. I.1 The scientific challenges of deep-sea mining

      Walter Roest, Malcom Clark and Harald Brekke


      I.2 The common heritage of mankind under international law: an overview

      Nilufer Oral


      I.3 Implementing the precautionary approach for seabed mining: a review of State practice

      Robert Makgill, Aline Jaeckel and Keith MacMaster


    3. State Party rights, obligations and responsibility
    4. II.1 State rights and obligations of States on the continental shelf and the Area

      Virginie Tassin Campanella, Yacouba Cissé and Dire Tladi


      II.2 State responsibility for deep seabed mining obligations

      Cymie Payne


    5. The continental shelf
    6. III.1 The extension of sovereign rights beyond 200 nautical miles

      Øystein Jensen and Bjarni Mar Magnussen


      III.2 The Article 82 conundrum: implementing payment for the exploitation of the continental shelf beyond 200 nautical miles

      Clive Schofield and Joanna Mossop



    7. The Area
    8. IV.1 The Area and the role of the International Seabed Authority

      Aline Jaeckel


      IV.2 The common heritage quandary: devising a global payment regime for exploitation activities in the deep seabed Area

      Joanna Dingwall


      IV.3 Upcoming challenges for the International Seabed Authority

      Frida Armas Pfirter


    10. V.1 Dispute settlement and seabed mining in the Area

      Tullio Treves


      V.2 Dispute settlement and rights of participation in deep seabed mining disputes

      James Harrison and Alberto Pecoraro


      V.3 Mining the bottom of the sea: potential future disputes and the role of the International Tribunal for the Law of the Sea

      Monica Feria-Tinta and Maurice Kamga


    11. Regional and national practice

    VII.1 Regional practice

    VI.1.1 Africa and seabed mining

    Edwin Egede

    VI.1.2 Antarctica and seabed mining

    Leopoldo Godio

    VI.1.3 Arctic and seabed mining

    Kristine Dalaker Kraabel and Hilde Woker

    VI.1.4 The European Union and seabed mining

    Pradeep Singh, Virginie Tassin Campanella, Frank Maes


    VI.1.5 The Pacific Islands region and seabed mining

    Cameron Diver

    VI.1.6 South American region and seabed mining

    Eduardo Jimenez Pineda

    VI.1.7 Southeast Asia and seabed mining

    Tara Davenport


    VI.2 National practice

    VI.2.1 Brazil and seabed mining

    Carina Costa de Oliveira and Ana Flavia Barros Platiau

    VI.2.2. Belgium and seabed mining

    Klaas Willaert and Frank Maes

    VI.2.3 Colombia and seabed mining

    Esteban Restrepo Uribe

    VI.2.4 Germany and seabed mining

    Nele Matz-Lück

    VI.2.5 Guyana and seabed mining

    Buba Bojang and Donnette Streete

    VI.2.6 Iceland and seabed mining

    Bjarni Mar Magnussen

    VI.2.7 India and seabed mining

    Ipshita Chaturvedi Sadhale

    VI.2.8 Ivory Coast and seabed mining

    Yacouba Cisse

    VI.2.9 Korea and seabed mining

    Hyun Jung Kim

    VI.2.10 Mauritius and seabed mining

    Edwin Egede

    VI.2.11 Mozambique and seabed mining

    Estevao Stefane Mahanjane

    VI.2.12 Portugal and seabed mining

    Mariana Neves and Pedro Madureira


    VI.2.13 New Zealand and seabed mining

    Robert Makgill and Elizabeth Macpherson

    VI.2.14 The United Kingdom and seabed mining

    James Harrison


    Virginie Tassin Campanella is an internationally award-winning Attorney and Researcher. Avocat à la Cour (Paris, France and Zürich, Switzerland), and double Doctor in Law (Sorbonne, France and Melbourne, Australia), she is the Founder and Director of VTA Tassin, the first public international law firm dedicated to oceans and seas. With more than 15 years of experience in seabed management, her notable achievements include, amongst others, working at the Legal Office of the International Tribunal for the Law of the Sea on the 2011 Seabed Disputes Chamber Advisory Opinion and 2012 Bangladesh/Myanmar case.