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International Law and Corporate Actors in Deep Seabed Mining最新文献

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A Methodological Approach to Deep Seabed Mining by Non-state Actors 非国家行为者深海海底采矿的方法论方法
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0002
J. Dingwall
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引用次数: 0
Does the Regime Secure the Common Heritage’s Benefit-sharing and Marine Environmental Protection Components? 该制度是否确保了共同遗产的利益分享和海洋环境保护部分?
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0007
J. Dingwall
{"title":"Does the Regime Secure the Common Heritage’s Benefit-sharing and Marine Environmental Protection Components?","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0007","url":null,"abstract":"Chapter 6 considers whether the continuing development by the International Seabed Authority (ISA) of the regulatory framework for deep seabed mining beyond national jurisdiction is on course to secure the common heritage’s main material components of benefit sharing and marine environmental protection, in the face of increasing corporate activity. It addresses the emerging regulatory regime provided in the Draft Exploitation Regulations in relation to the planned payment mechanism and the protection of the marine environment. As Chapter 6 explains, a key measure of the regime’s ability to secure the common heritage in these respects will be the extent to which it retains regulatory flexibility to adapt to new challenges. Chapter 6 also considers the existing framework for implementation, responsibility and enforcement, as underpinned by binding dispute resolution options. It concludes by assessing the position of corporate actors in terms of each of these aspects, as robust implementation options will be vital for achievement of the common heritage.","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128916389","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
Common Management through Institutional Architecture – What is the Scope of the UNCLOS Deep Seabed Mining Regime and the Role of the ISA within it? 通过机构架构进行共同管理-《联合国海洋法公约》深海底采矿制度的范围是什么?国际海底管理局在其中的作用是什么?
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0005
J. Dingwall
{"title":"Common Management through Institutional Architecture – What is the Scope of the UNCLOS Deep Seabed Mining Regime and the Role of the ISA within it?","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0005","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0005","url":null,"abstract":"Chapter 4 evaluates the role of common management in securing a common heritage framework for deep seabed mining beyond national jurisdiction (in the Area). To this end, Chapter 4 assesses the common management system for deep seabed mining within the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS provides a system of common rules applicable to the Area, together with the regulatory flexibility for this system to be developed and enforced, in practice, by a unique, unprecedented form of institutional power, wielded by the International Seabed Authority (ISA). The chapter includes analysis of the ISA’s progress towards development of the Mining Code, and the functioning of its contract-based licensing process, in practice. Chapter 4 addresses the means by which corporations may become participants in the regime (through state sponsorship, nationality and effective control requirements) and the extent to which the regime filters down to apply to them directly.","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121969450","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
The Role of the Common Heritage Concept in Deep Seabed Mining 共同遗产概念在深海海底采矿中的作用
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0004
J. Dingwall
{"title":"The Role of the Common Heritage Concept in Deep Seabed Mining","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0004","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0004","url":null,"abstract":"Chapter 3 evaluates the vital role of the common heritage in the deep seabed mining context. It does so by considering the historical application of the common heritage concept to deep seabed mining, together with the broader role of the concept within international law, including in relation to outer space and other global commons. Chapter 3 addresses the UNCLOS III negotiations, and the emergence of the common heritage approach to deep seabed mining as part of the movement for a New International Economic Order (NIEO), as well as the modifications achieved by the Agreement on the Implementation of Part XI of UNCLOS. This chapter distils the common heritage into its modern-day components in the deep seabed mining context, namely: common management, prohibition of unilateral mining activities, benefit sharing, marine environmental protection and the achievement of a balance between communitarian and capitalist concerns. It also sets out the study’s framework of analysis.","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125989846","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
Balancing Community and Autonomy – To What Extent Does the Regime Reconcile ISA Regulatory Authority and Investment Protection for Corporate Actors? 平衡社区和自治-该制度在多大程度上协调了ISA监管机构和公司行为者的投资保护?
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0008
J. Dingwall
{"title":"Balancing Community and Autonomy – To What Extent Does the Regime Reconcile ISA Regulatory Authority and Investment Protection for Corporate Actors?","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0008","url":null,"abstract":"Chapter 7 assesses the extent to which the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS), as developed and enforced by the International Seabed Authority (ISA), strikes an appropriate balance between the dual common heritage goals of community and autonomy. Chapter 7 focuses on reconciling the ISA’s right to regulate on behalf of humanity with investment protection rights for deep seabed miners. It considers whether the UNCLOS deep seabed mining regime incorporates protections that are functionally equivalent to international investment law rights, backed by binding dispute resolution options. These are crucial considerations for corporate investors, and may influence the commercial viability of the regime. Chapter 7 then evaluates whether such investment protection rights may be balanced alongside the ISA’s right to regulate concerning the communitarian aspects of the common heritage, thereby achieving an overall balance between community and autonomy within the regime.","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126285066","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
Preventing Unilateral Deep Seabed Mining Activities – To What Extent Does the UNCLOS Regime Constrain External Actors? 防止单边深海海底采矿活动——《联合国海洋法公约》制度在多大程度上约束了外部行为者?
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0006
J. Dingwall
{"title":"Preventing Unilateral Deep Seabed Mining Activities – To What Extent Does the UNCLOS Regime Constrain External Actors?","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0006","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0006","url":null,"abstract":"Chapter 5 determines whether the common heritage prohibition of unilateral mining activities in the United Nations Convention on the Law of the Sea (UNCLOS) prevents external actors from undertaking deep seabed mining activities unilaterally. In order to ascertain whether this prohibition binds corporate actors outside of UNCLOS, this chapter determines whether the procedural reach of UNCLOS extends to include non-States Parties and their nationals. It does so by considering, firstly, the reach of the regime as a matter of treaty law, including by assessing whether UNCLOS imposes third state obligations or creates an objective regime in relation to deep seabed mining. It also evaluates the status of the regime under customary law, with particular consideration of US practice and the role of the persistent objector doctrine. Finally, it addresses the extent to which the regime imposes direct obligations upon external corporate actors in the form of corporate obligations.","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114362113","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
Concluding Remarks on Corporate Entity Involvement in Deep Seabed Mining 关于公司实体参与深海海底采矿的结束语
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0009
J. Dingwall
{"title":"Concluding Remarks on Corporate Entity Involvement in Deep Seabed Mining","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0009","url":null,"abstract":"The conclusion addresses the findings reached throughout this study on the role of private corporate actors in the deep seabed mining regime under the United Nations Convention on the Law of the Sea (UNCLOS) and the impact of this upon realisation of the common heritage of mankind. It notes that the ISA is facing significant challenges in devising a workable payment mechanism that will deliver tangible benefits to humanity, while also ensuring sufficient marine environmental protections. The regime’s achievement of the common heritage will be dependent on the regulatory regime of the International Seabed Authority (ISA) fulfilling its potential, and implementing a comprehensive Mining Code to govern the life cycle of deep seabed mining operations. The study concludes by finding that, on balance, the regime is developing in a manner that may render it capable of realising its common heritage goals of securing communitarian benefits to humanity, alongside market-focused objectives. It also concludes that corporate participation may assist in achievement of the common heritage, to the extent that it may provide the commercial means for deep seabed mining to commence.","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130206970","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
The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors 国家管辖范围以外的深海底和非国家行为者在其中采矿活动的兴起
International Law and Corporate Actors in Deep Seabed Mining Pub Date : 2021-07-08 DOI: 10.1093/oso/9780192898265.003.0003
J. Dingwall
{"title":"The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors","authors":"J. Dingwall","doi":"10.1093/oso/9780192898265.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780192898265.003.0003","url":null,"abstract":"Chapter 2 addresses the importance of the deep seabed beyond national jurisdiction and charts the rise in mining activities within it, drawing on scientific, geological and technological analysis, where appropriate, to place deep seabed mining in its broader context. In order to do so, Chapter 2 assesses the scope of the deep seabed beyond national jurisdiction (in contrast to the maritime zones under national jurisdiction, including the continental shelf). The chapter then examines the types of mineral resources that the deep seabed contains (including the potential for rare earth elements). Thereafter, the chapter explores the likely viability of deep seabed mining, both in terms of its impact on the marine environment, and in light of technological challenges and market prospects. Chapter 2 also provides an overview of the current extent of mining activities authorised by the International Seabed Authority (ISA).","PeriodicalId":139377,"journal":{"name":"International Law and Corporate Actors in Deep Seabed Mining","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127199155","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
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