The Law of the Seabed最新文献

{"title":"Implementation of Article 82 of the United Nations Convention on the Law of the Sea: the Challenge for Canada","authors":"A. Chircop","doi":"10.1163/9789004391567_018","DOIUrl":"https://doi.org/10.1163/9789004391567_018","url":null,"abstract":"Article 82 Payments and contributions with respect to the exploitation of the continental shelf beyond 200 nautical miles 1. The coastal State shall make payments or contributions in kind in respect of the exploitation of the non-living resources of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. 2. The payments and contributions shall be made annually with respect to all production at a site after the first five years of production at that site. For the sixth year, the rate of payment or contribution shall be 1 per cent of the value or volume of production at the site. The rate shall increase by 1 per cent for each subsequent year until the twelfth year and shall remain at 7 per cent thereafter. Production does not include resources used in connection with exploitation. 3. A developing State which is a net importer of a mineral resource produced from its continental shelf is exempt from making such payments or contributions in respect of that mineral resource. 4. The payments or contributions shall be made through the Authority, which shall distribute them to States Parties to this Convention, on the basis of equitable sharing criteria, taking into account the interests and","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"22 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":"125560026","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}

{"title":"Review of National Legislations Applicable to Seabed Mineral Resources Exploitation","authors":"Saul Roux, C. Horsfield","doi":"10.1163/9789004391567_015","DOIUrl":"https://doi.org/10.1163/9789004391567_015","url":null,"abstract":"In parallel to growing interest for seabed exploration and mining in the high seas, there has been increased interest for seabed mining activities within the national jurisdictions of coastal states. Seabed mining in the high seas and within national jurisdictions is not unconnected. Seabed mining in the high seas provides a good indication of the nature, status quo and future of seabed mining in national jurisdictions and vice versa. Notably, the direction of seabed mining in the high seas will influence the policy directions of nation states.1 This chapter seeks to provide a broad overview of seabed mining within the national jurisdictions of sovereign coastal states. Section 2 provides a brief outline of international legal and governance instruments that are intended to provide a framework for national policy and decision-making on seabed mining. Section 3 seeks to provide a comparative analysis of legal and policy approaches adopted by various countries in relation to seabed exploration and exploitation. This aims to offer insights into legal principles and mechanisms that have been used in response to seabed mining. This comparative analysis focuses on seabed mining, in respect of both exploration and exploitation, within the exclusive economic zones of five coastal states namely: New Zealand, Australia, Namibia, Mexico and Papua New Guinea. These cases are assessed primarily due to the fact that seabed mining proposals have been concentrated in these coastal states. Furthermore, they represent a diversity of policy approaches and regulatory regimes. These approaches have been diverse, due","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"156 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":"127304833","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}

{"title":"China’s Domestic Law on the Exploration and Development of Resources in Deep Seabed Areas","authors":"Chelsea Zhaoxi Chen","doi":"10.1163/9789004391567_017","DOIUrl":"https://doi.org/10.1163/9789004391567_017","url":null,"abstract":"The “Law of the People’s Republic of China on Exploration for and Exploitation of Resources in the Deep Seabed Area” (the law, or the Deep Seabed Law) was adopted on 26 February 2016 and went into force on 1 May 2016.1 This represents China’s first special law dealing with the exploration for and exploitation of deep seabed resources. “Resources” here however was not defined. It is speculated that currently the definition only refers to non-living resources such as minerals but is intentionally silent regarding living seabed resources. This limitation to non-living resources in China’s Deep Seabed Law is inferred from the limitation of the 1982 United Nations Convention on the Law of the Sea (UNCLOS, or the Convention), and the definition given thereunder for the term “resources”.2 In addition, the law applies to activities conducted by Chinese entities in the Area. Pursuant to Article 1(1) of the UNCLOS, “Area” means the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction. In other words, the applicable area of the Deep Seabed Law is not the traditional “within the territory of the People’s Republic of China and other sea areas under the jurisdiction of China”.3 Instead, it aims to effectively govern the behaviour of Chinese citizens, legal persons or organisations from territories outside the","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"51 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":"125959149","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}

{"title":"A Short Human History of the Ocean Floor","authors":"H. Andersen","doi":"10.1163/9789004391567_005","DOIUrl":"https://doi.org/10.1163/9789004391567_005","url":null,"abstract":"It could be argued that representations are the key to understanding human actions. It is our inner picture of the sea floor that makes things happen – whatever picture that is. The more so since the ocean floor is not directly accessible to us in any way – we depend on representations. So let us start this human history of the ocean floor reminding ourselves that our object of study is not direct accessible and that our impressions of the sea floor is always mediated in one way or another: by different technologies, by science or by literature or cultural traditions. Science came to play an important role in overtaking earlier guesswork and anecdotes about the sea floor. But even scientific views were changing. It suffices to remember the ridicule Alfred Wegener (1880–1930) was subjected to with his theory of continental drift from 1912. Not to mention the fascinating story of the cartographer Marie Tharp (1920–2003) and her detailed drawings of the ocean floor that finally contributed to the breakthrough of plate tectonics in the late 1960s and restored Wegener’s ideas. The representations developed afterwards combined with all sort of technological devices have made the ocean floor a place for a great variety of claims and hunt for resources. In this chapter, I will try to establish something that could be called a human history of the sea floor. A place so inaccessible requires other means and ways to figure out the relation between humans and the deep sea. It is important to acknowledge that the representation of the seafloor is the most important element in this history. Secondly that the resources and their regulations always have been based on these representation. As time flows these have shifted and varied. Science has come to play an important part as have real examination of the sea floor. This chapter is an overview, too short of details and modifications, but it might be an introduction to an area very few have seen, but still covers almost 5⁄7 of the Earth’s surface.1","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":"130281564","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}

{"title":"Navigating Legal Barriers to Mortgaging Energy Installations at Sea – the Case of the North Sea and the Netherlands","authors":"Jaap Waverijn","doi":"10.1163/9789004391567_023","DOIUrl":"https://doi.org/10.1163/9789004391567_023","url":null,"abstract":"The North Sea is important within the European energy sector. In addition to the oil and gas reservoirs present beneath the seabed, the North Sea has been identified as a primary location to construct renewable energy infrastructure and may provide eight percent of the energy supply in Europe by 2030. Offshore oil and gas, offshore wind and ocean energy projects are capital intensive; billions of euros are required for the construction of many individual projects. It is common business practice to raise debt, which is more expensive when risks are greater. Security rights such as mortgage and pledge reduce the risks of lenders. It is currently impossible to mortgage installations situated on the seabed further than 22.2 kilometres off the Dutch coast. Allowing for such mortgages could benefit the development of the offshore energy sector as this would reduce risks. This contribution reviews an alternative which would allow for installations on this part of the seabed to be mortgaged. In this context law of the sea, the lex rei sitae, ownership of the seabed and rules of Dutch property law are discussed.","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"36 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":"128806825","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}

{"title":"Balancing Competing Interests When Building Marine Energy Infrastructures: the Case of the Nord Stream Pipelines","authors":"D. Langlet","doi":"10.1163/9789004391567_026","DOIUrl":"https://doi.org/10.1163/9789004391567_026","url":null,"abstract":"The age of large-scale hydrocarbon infrastructure projects may, partly as a consequence of climate change policy, be nearing its end. However, significant projects are still being planned and executed. Natural gas is also touted as a ‘bridge’ between more carbon intense coal-based energy production and carbon neutral, or almost neutral, renewable energy sources. This, together with new gas production technologies could further increase the need for gas transport infrastructure, significant parts of which are likely to be sea based.1 Also, if carbon capture and storage (CCS) emerges as a large-scale climate change mitigation technology, which some see as imperative if climate change is to be tackled affectively,2 that is likely to result in demand for submarine pipelines to transport carbon dioxide to offshore injection points.3","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"479 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":"133603507","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}

{"title":"The Law of the Seabed","authors":"Catherine Banet","doi":"10.1163/9789004391567","DOIUrl":"https://doi.org/10.1163/9789004391567","url":null,"abstract":"Humankind has always been fascinated by the seabeds for their mysteries, their perils and their riches, along with the beauty of their biological diversity. Moreover, the ocean floor comprises a constellation of components that are, at the same time, fragile and vital to sustainability and the balance of the rest of the world’s interdependent eco-systems. For an area which is barely accessible to most human beings, the ocean floor plays a major role in the Earth ecological balance. Oceans cover 70 percent of the Earth surface and constitute more than 95 percent of the planet living space. The deep seabed beyond national jurisdiction covers half of the Earth’s surface, and 50 per cent of is below 3,000 meter depth. The seabeds sustain important functions and ecosystem services, including nutrient regeneration, carbon sequestration, biological and mineral resources. Both the exploitation and the conservation of seabeds pose fundamental questions for consideration by jurists, policy makers and negotiators, issues associated with the man-made rule of law but with consequences surpassing purely legal considerations and that require great qualities of judgement and care. Short-term commercial aspirations compete with national strategic and technological goals as well as global ecological concerns. There is, as often in the case, a balance to strike between enabling seabed resources use and preserving fragile environments. The question for lawyers is how to best ensure that known and potential impacts are taken into account when taking decisions as to the use of the seabed and its resources, and how to ensure that access to seabed resources benefit all stakeholders in an equitable and sustainable manner. Legal principles such as the precautionary principle or common heritage of mankind must serve as guidance. Procedural tools, such as environmental impact assessments (EIAs), aim to make sure that consequences are assessed and interested parties heard. Marine management tools aim to ensure long-term coherence between activities and interests. This book aims to offer a new perspective on the juridical aspects raised by the use and protection of natural resources on and underneath the world’s seabeds. Several chapters","PeriodicalId":131018,"journal":{"name":"The Law of the Seabed","volume":"201 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":"116569951","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}