The Law of the Seabed最新文献

Characterizing the Seabed: a Geoscience Perspective 海底特征:地球科学视角

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_003

A. Braathen, H. Brekke

{"title":"Characterizing the Seabed: a Geoscience Perspective","authors":"A. Braathen, H. Brekke","doi":"10.1163/9789004391567_003","DOIUrl":"https://doi.org/10.1163/9789004391567_003","url":null,"abstract":"The sea with its seabed has assets that have become extensively exploited as a source for food, energy and transport. Traditionally, the advancements of mankind on land have been more successful than in the oceans, mostly due to a physical setting that challenges easy-access and low-cost operations. However, this is gradually changing under the combined factors of the depletion of the required new resources as assets on land, and an increasing demand, resulting in an increased attention for the oceans. Meanwhile, the oceans remain mostly unknown, could be hostile and are for sure fragile. In this contribution, our aim is not to explore the possibilities laying in the oceans and its seabed as other chapters in this book extensively cover them. Our objective is to inform about the seabed itself and define it, by asking some key questions that geoscientists could answer: What is the seabed made up of? Is the seabed a static entity or will the bed change over time? How could human activity influence the physical consistency of the seabed? These questions are basic but compulsory if one wish to implement a regulatory regime to seabed activities. It may be obvious, but decision-makers have to know what they regulate.","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125118086","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Rights to Genetic Resources beyond National Jurisdiction: Challenges for the Ongoing Negotiations at the United Nations 国家管辖范围以外的遗传资源权利:联合国正在进行的谈判的挑战

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_012

T. Scovazzi

{"title":"The Rights to Genetic Resources beyond National Jurisdiction: Challenges for the Ongoing Negotiations at the United Nations","authors":"T. Scovazzi","doi":"10.1163/9789004391567_012","DOIUrl":"https://doi.org/10.1163/9789004391567_012","url":null,"abstract":"On 19 June 2015, following the recommendations of the Ad Hoc Open-ended Informal Working Group to Study Issues Relating to the Conservation and Sustainable Use of Marine Biological Diversity beyond Areas of National Jurisdiction, the United Nations General Assembly adopted by consensus Resolution 69/292, relating to the development of an international legallybinding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. A Preparatory Committee (Prepcom), chaired by Mr. Eden Charles, was established by Resolution 69/292 with the mandate to make substantive recommendations to the General Assembly on the elements of a draft text of an international legally-binding instrument under the UNCLOS. The negotiations addressed four main topics, intended as a “package”, in the sense that none of them can be separated from the others, namely: – marine genetic resources, including questions on the sharing of benefits; – measures such as area-based management tools, including marine protected areas; – environmental impact assessments; – capacity building and transfer of marine technology. On the basis of the recommendations of the Prepcom, the General Assembly, by Resolution 72/249 of 24 December 2017, decided to convene an intergovernmental conference, with a view to developing the above mentioned instrument as soon as possible. The first session of the conference, chaired by Ms. Rena Lee, was held in September 2018. Because of its scope and objectives, the present negotiation is likely to become a turning point in the progressive development of international law of the sea. A number of issues that are not fully covered by the UNCLOS are being addressed and hopefully will be regulated under an internationally","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126767492","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Crossing the Sectoral Divide: Modern Environmental Law Tools for Addressing Conflicting Uses on the Seabed 跨越部门鸿沟:处理海底冲突用途的现代环境法工具

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_024

R. Rayfuse

{"title":"Crossing the Sectoral Divide: Modern Environmental Law Tools for Addressing Conflicting Uses on the Seabed","authors":"R. Rayfuse","doi":"10.1163/9789004391567_024","DOIUrl":"https://doi.org/10.1163/9789004391567_024","url":null,"abstract":"The oceans are becoming increasingly crowded. They are the venue for a vast range of human activities including merchant shipping, fishing, seabed mining, construction of artificial islands, undersea cables and pipelines, production of renewable energy, marine scientific research, and military uses. However, this complex, multidimensional and multi-faceted environment also provides a whole range of ecosystem services for humans, ranging from climate modulation and CO2 absorption to provision of food stuffs and mineral resources. Because of the fluid nature of the ocean medium, activities on and under the seabed, such as seabed mining or cable laying, interact with the water column, while activities on or in the water column, such as bottomtrawling, may also interact with the seabed. In other words, all ocean uses interact with the marine environment. Thus, existing and emerging ocean uses can pose serious threats to the marine environment from, among other things, over-exploitation and pollution. Seabed activities, in particular, pose complex threats due to the perturbation of marine biodiversity and the water column caused by construction, exploration or exploitation activities. Even apart from pollution emergencies such as that caused by the Deep-Water Horizon incident, seabed mining may destroy critical fish habitat or interfere with submarine cables. Bottom-trawling may interfere with submarine cables or destroy critical habitat for a range of sedentary species and other marine genetic resources. Exploitation of marine genetic resources may destroy critical marine biodiversity or interfere with ocean energy development and production. Increasingly, the varying demands on ocean space and resources are leading to conflict between both existing sectors such as shipping and fishing and between existing and emerging sectors including seabed mining, ecotourism and marine renewable energy. This increasing competition is also leading to increasing pressures on the marine environment.","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125755261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Marine Genetic Resources: a Practical Legal Approach to Stimulate Research, Conservation and Benefit Sharing 海洋遗传资源:促进研究、保护和惠益分享的实用法律途径

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_013

M. W. Tvedt

引用次数: 0

Framework Legislation for Commercial Activities in the Area 区域内商业活动的框架法例

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_010

Erik Røsæg

{"title":"Framework Legislation for Commercial Activities in the Area","authors":"Erik Røsæg","doi":"10.1163/9789004391567_010","DOIUrl":"https://doi.org/10.1163/9789004391567_010","url":null,"abstract":"When commercial activities, primarily mining,1 are carried out in the Area,2 a framework of commercial law is as helpful on sea as on land. For example, workers should be protected against unfair contract terms, and entrepreneurs should be able to mortgage their equipment to ease financing. However, there is no state to provide this legal framework by general legislation. Could it be established in other ways? The International Seabed Authority (ISA)3 has a mandate to grant licenses for the exploitation of seabed resources in the Area, including setting conditions to ensure, for example, environmental protection and safety.4 This could work well to establish some of the desired legal framework, at least to the extent that states are parties to UNCLOS or recognize the Authority.5 The ISA possesses considerable power in granting licenses with conditions and revoking them if necessary.6 In addition, the risk of not getting licenses in the future can have a disciplinary effect. However, not all kinds of rules can be implemented in this way.7 For example, conditions for licenses cannot be used to alter the position of third parties to their detriment. An example of framework legislation that cannot be simulated by setting conditions for licenses is arrangements for mortgaging seabed installations.","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132440413","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Deep-Sea Bottom Fisheries and the Protection of Seabed Ecosystems: Problems, Progress and Prospects 深海渔业与海底生态系统保护:问题、进展与展望

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_014

Richard Caddell

{"title":"Deep-Sea Bottom Fisheries and the Protection of Seabed Ecosystems: Problems, Progress and Prospects","authors":"Richard Caddell","doi":"10.1163/9789004391567_014","DOIUrl":"https://doi.org/10.1163/9789004391567_014","url":null,"abstract":"Of the myriad industrial activities currently undertaken in the marine environment, fisheries have progressively emerged as ‘the most widespread source of anthropogenic physical disturbance to global seabed habitats’.1 Demersal fisheries (i.e., those targeting benthic and benthopelagic species, whose core habitats comprise the seabed or areas in very close proximity to it) have been conducted for centuries and are of enduring commercial and nutritional importance to many States. However, as with numerous other fishing practices, technological advances have dramatically transformed demersal fisheries over the past half-century.2 While seabed fisheries were historically concentrated in coastal and inshore locations, the steady depletion of shallow-water stocks has subsequently forced many fishers to pursue offshore and deep-sea alternatives.3 Consequently, the mean depth of global fisheries has expanded four-fold since the mid-1960s,4 as industrial fleets have increasingly targeted new deep-water opportunities, notably those located within areas beyond national jurisdiction (ABNJ). Although fishing is by no means a new use of the seabed, the poorly regulated proliferation of fisheries into unprecedented depths has nevertheless generated novel environmental and management concerns, with worrying implications for the enduring health and integrity of benthic ecosystems.","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115643491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Decommissioning of Offshore Installations: a Fragmented and Ineffective International Regulatory Framework 海上设施退役:支离破碎和无效的国际监管框架

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_020

S. Trevisanut

引用次数: 4

International Investment Law and the Regulation of the Seabed 国际投资法和海底管理

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_022

J. Harrison

{"title":"International Investment Law and the Regulation of the Seabed","authors":"J. Harrison","doi":"10.1163/9789004391567_022","DOIUrl":"https://doi.org/10.1163/9789004391567_022","url":null,"abstract":"Modern technology has increased the possibilities for greater parts of the oceans and ocean floor to be opened up for exploitation. Oil and gas extraction is still one of the most prevalent seabed activities, with almost a third of oil consumed in the world coming from seabed drilling1 and new fields continue to be discovered in ever deeper waters. Innovations in marine technology also mean that many other uses of the seabed are now anticipated. One of the fastest growing offshore activities is renewable energy generation, which involves the attachment of structures, platforms or devices to the seabed in order to capture energy from wind, wave, or tidal power.2 Many companies are also turning to the deep seabed as a source of valuable minerals, such as manganese, cobalt, copper and others. Significant deposits of these metals are thought to be located on many parts of the ocean floor, both within and beyond national jurisdiction.3 These examples illustrate the diversity and fastgrowing volume of the types of ‘seabed investments’ that will be addressed in this chapter. Many of the seabed activities with which we are concerned in this chapter are undertaken by private actors, operating under a licence or concession from the coastal state. Coastal states have a significant degree of control over what seabed activities may take place in the waters adjacent to their territory. The","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122537120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

European Union Law and the Seabed 欧洲联盟法和海底

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_016

Finn Arnesen, R. Greaves, Alla Pozdnakova

{"title":"European Union Law and the Seabed","authors":"Finn Arnesen, R. Greaves, Alla Pozdnakova","doi":"10.1163/9789004391567_016","DOIUrl":"https://doi.org/10.1163/9789004391567_016","url":null,"abstract":"The European Union (EU) is a supranational organization established under international law. Nevertheless, over several decades, it has evolved into a suis generis international entity with its own legal order, significant competences and an effective enforcement mechanism. The Court of Justice of the European Union (CJEU), which under the Treaty has exclusive jurisdiction to interpret EU law and to review the legality of any EU secondary legislation,1 has emphasised the unique nature of the EU.2 The EU Member States did not delegate but transferred some sovereign rights to the EU meaning that only the EU has competence to act, either internally or externally, in a number of fields of activity. Furthermore, the transfer of sovereignty has not only occurred by expressed provision in the EU Treaties but also by the EU adopting extensive secondary legislation and thus occupying the field.3 This latter process means that for some activities, the initial shared competence to act has been replaced by exclusive EU competence. In this chapter the focus is on the extent to which the EU has competence to regulate the seabed under the sovereign jurisdiction of the EU Member States and the manner in which the competence has been exercised. The chapter will explain first the extent of the EU’s competence in respect of the relevant seabed (Section 2). Then, the chapter will, by way of illustration of the level of policy and legislative activity, consider two areas affecting the seabed: the EU’s policy in respect of seabed mining and the application of EU environmental protection and liability legislation to the seabed (Section 3). In neither area has there been EU legislation adopted specifically in respect of the seabed. However, several policy papers have been published by the European Commission on seabed mining which demonstrates the Commission’s intention for the EU to be an","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130987353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Seabed in the High North – How to Address Conflicts? 高北地区的海床-如何解决冲突?

The Law of the Seabed Pub Date : 2020-01-07 DOI: 10.1163/9789004391567_007

Alexander S. Skaridov

{"title":"The Seabed in the High North – How to Address Conflicts?","authors":"Alexander S. Skaridov","doi":"10.1163/9789004391567_007","DOIUrl":"https://doi.org/10.1163/9789004391567_007","url":null,"abstract":"A general question underlying current competing state interests in the Arctic is whether claims to the Arctic continental shelf are justified by existence of potential resources. Indeed, the assumption that a significant proportion of the world’s undiscovered oil and gas deposits lie beneath the Arctic seabed have turned the Arctic into a region of considerable geopolitical interest. However, geological investigations cover just small Arctic seabed areas; all other estimations are based on mathematic and methods of probabilistic modelling. For the purpose of this chapter, we present estimations made by U.S. Geological Survey (USGS) which were based on a geological probabilistic methodology. The USGS estimated the deposits of undiscovered oil and gas in 33 geologic provinces that thought to be prospective for petroleum. The sum of the estimates for each province indicates that 90 billion barrels of oil, 1,669 trillion cubic feet of natural gas, and 44 billion barrels of natural gas liquids may remain to be found in the Arctic, of which approximately 84 % is expected to be found in offshore areas.1 Another popular speculation regarding the Arctic is that, because of the changing climate of the Arctic, ice cover will reduce in the near future and most spaces of the Higher North will be available for normal navigation, which will dramatically influence the global shipping.2 Meanwhile, the USGS study, like other ones, is limited in its knowledge basis and method, also because of the geographical limitation of the seabed areas which were studied and their depth.3 That is why, in our view, present","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132101274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1