1st Edition
Routledge Handbook of Seabed Mining and the Law of the Sea
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
- Global perspectives
- State Party rights, obligations and responsibility
- The continental shelf
- The Area
- DISPUTE SETTLEMENT
- Regional and national practice
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
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
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
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
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
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
Biography
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.
