Routledge Handbook of Seabed Mining and the Law of the Sea

This book gathers research chapters and an extensive review and analysis of regional and national practices from both States Parties and non-Party States to UNCLOS.

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.

Auteur

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.

Contenu

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

Introduction Virginie Tassin Campanella

1. Global perspectives
   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

   ---

2. State Party rights, obligations and responsibility 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

   ---

3. The continental shelf
   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

   ---

4. The Area 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

   ---

5. DISPUTE SETTLEMENT 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

   ---

6. 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