International law and corporate actors in deep seabed mining / Joanna Dingwall.

Format:

Book

Author/Creator:

Dingwall, Joanna, author.

Series:

Oxford monographs in international law.

Oxford Monographs in International Law

Language:

English

Subjects (All):

Ocean mining--Law and legislation.

Ocean mining.

Common heritage of mankind (International law).

Mineral industries--Law and legislation.

Mineral industries.

Physical Description:

1 online resource (321 pages)

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2021.

Summary:

This book addresses the unresolved legal challenges which the increasing role of private corporate actors in deep seabed mining will raise in the coming years. It assesses the tension between corporate commercial interests and the achievement of the common heritage of mankind, under the United Nations Convention on the Law of the Sea.

Contents:

cover

Series

International Law and Corporate Actors in Deep Seabed Mining

Copyright

Contents

Table of Cases

Table of Treaties and Related Documents

List of Abbreviations

Note on Method of Citation

Introduction

1. A Methodological Approach to Deep Seabed Mining by Non-​state Actors

1.1 A Methodological Approach to Deep Seabed Mining

1.1.1 Seeking Internal Coherence

1.1.2 Evaluating Broader Context

1.1.3 Concluding Remarks

1.2 A Methodological Note on Non-​state Actors: Conceptualising the Status of Corporate Entities within the Deep Seabed Mining Regime

1.2.1 Terminology: Non-​state Actors and Corporate Entities

1.2.2 Nationality of Corporate Entities at International Law

1.2.3 Corporate Entities within the International Legal System

1.2.4 Initial Analysis of the Necessary Conditions for Corporate Rights and Obligations under International Law

1.3 Conclusion

Part 1

Introduction to Part I

2. The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-​state Actors

2.1 The Scope of the Deep Seabed beyond National Jurisdiction

2.2 Mineral Resources of the Area beyond National Jurisdiction

2.2.1 Deep Seabed Mineral Resources

2.2.2 Deep Seabed Mining for Rare Earth Elements

2.3 Prospects for Deep Seabed Mining and Environmental Concerns

2.3.1 Technological and Market-​based Prospects for Deep Seabed Mining

2.3.2 Environmental Challenges for Deep Seabed Mining

2.4 Increasing Participation in Deep Seabed Mining Activities

2.5 Conclusion

3. The Role of the Common Heritage Concept in Deep Seabed Mining

3.1 Deep Seabed Mineral Resources as the Common Heritage of Mankind

3.1.1 The Development of the Common Heritage Principle in the Deep Seabed Context.

3.1.2 Situating the Common Heritage Concept within Broader International Law

3.1.3 The General Assembly's Application of the Common Heritage Principle to the Deep Seabed

3.1.4 The Difficult Road to the UNCLOS Deep Seabed Mining Regime

3.2 Key Features Underpinning the Modern Common Heritage Concept Applicable to Deep Seabed Mining

3.2.1 Component 1 -​ The Common Management Principle

3.2.2 Component 2 -​ The Prohibition of Unilateral Mining Activities

3.2.3 Component 3 -​ The Benefit-​sharing Principle

3.2.4 Component 4 -​ The Principle of Marine Environmental Protection

3.2.5 Is Reservation for Peaceful Purposes a Component of the Common Heritage Concept?

3.2.6 Additional Components of the Common Heritage Concept?

3.2.7 The Common Heritage's Underlying Community/​Autonomy Equilibrium

3.3 Conclusion: Devising an Analytical Framework to Evaluate Achievement of the Common Heritage Concept in Relation to Deep Seabed Mining Activities by Corporate Entities

part 2

Introduction to Part II

4. Common Management through Institutional Architecture -​ What is the Scope of the UNCLOS Deep Seabed Mining Regime and the Role of the ISA within it?

4.1 Common Management through Common Rules: Overarching Principles of the UNCLOS Deep Seabed Mining Regime

4.1.1 Key Components of the Common Heritage Concept Captured by the UNCLOS Deep Seabed Mining Regime

4.1.2 Other Common Management Rules within the UNCLOS Deep Seabed Mining Regime

4.1.3 The UNCLOS Deep Seabed Mining Regime Implements a System of Common Management through Common Rules

4.2 Common Management through Institutional Power: The Role of the ISA

4.2.1 The ISA's Structure and Balance of Power

4.2.2 The ISA's Development of the Deep Seabed Mining Regime.

4.2.3 The ISA's Licensing Process for Deep Seabed Mining Activities and Corporate Participation Therein

4.2.3.1 Introduction to the Licensing Process

4.2.3.2 Key Benefit-​sharing Aspects within the Licensing Process

4.2.3.3 Corporate Participation within the Licensing Process

4.2.4 The UNCLOS Deep Seabed Mining Regime Implements a System of Common Management through Institutional Power

4.3 The Nature of Obligations for Corporate Actors Operating within the UNCLOS Deep Seabed Mining Regime

4.4 Conclusion

5. Preventing Unilateral Deep Seabed Mining Activities -​ To What Extent Does the UNCLOS Regime Constrain External Actors?

5.1 The Reach of the UNCLOS Deep Seabed Mining Regime as Treaty Law

5.1.1 Assessing the Extent of Third State Obligations within the UNCLOS Deep Seabed Mining Regime

5.1.2 Assessing the Extent to which the UNCLOS Deep Seabed Mining Regime Constitutes an Objective Regime

5.2 The Reach of the UNCLOS Deep Seabed Mining Regime as Customary Law

5.2.1 Methodological Note on the Formation of Customary Law

5.2.2 The Customary Law Status of the Common Heritage of Mankind Concept

5.2.3 The Customary Law Status of the UNCLOS Deep Seabed Mining Regime

5.2.3.1 Assessing Norm-​creating Aspects of the UNCLOS Deep Seabed Mining Regime

5.2.3.2 Assessing State Participation and Conduct in Relation to the UNCLOS Deep Seabed Mining Regime

5.2.3.3 Assessing US Conduct in Relation to the UNCLOS Deep Seabed Mining Regime

5.2.3.4 Assessing the Role of the Persistent Objector Doctrine in Relation to the UNCLOS Deep Seabed Mining Regime

5.3 The Extent of Obligations Imposed by the UNCLOS Deep Seabed Mining Regime upon External Corporate Actors

5.3.1 Obligations upon External Corporate Actors as a Matter of Treaty Law.

5.3.2 Obligations upon External Corporate Actors as a Matter of Customary Law

5.4 Conclusion

Part 3

Introduction to Part III

6. Does the Regime Secure the Common Heritage's Benefit-​sharing and Marine Environmental Protection Components?

6.1 Developing the Regime's Benefit-​sharing Aspects in Financial Terms

6.2 Developing the Regime's Protection of the Marine Environment

6.3 Developing the Regime through Ongoing Regulatory Adaptability

6.4 Securing the Regime's Substantive Aspects in Practice: Implementation, Responsibility and Enforcement against Corporate Actors

6.4.1 ISA Implementation Powers

6.4.2 Responsibility for Deep Seabed Mining Activities

6.4.3 Initial Note on Dispute Resolution in Respect of Deep Seabed Mining Activities

6.5 Conclusion

7. Balancing Community and Autonomy -​ To What Extent Does the Regime Reconcile ISA Regulatory Authority and Investment Protection for Corporate Actors?

7.1 Investment Protections for Deep Seabed Mining Contractors

7.1.1 Protection against Unlawful Expropriation

7.1.2 Entitlement to Fair and Equitable Treatment

7.1.3 Protection against Impairment of Investment Activities by Unreasonable or Discriminatory Measures

7.1.4 Entitlement to Full Protection and Security

7.1.5 Reflections on the Deep Seabed Mining Investment Paradigm and its Opposability

7.2 Deep Seabed Mining Disputes -​ Reconciling Corporate Rights and Obligations through Dispute Resolution

7.2.1 The Seabed Disputes Chamber's Contentious Jurisdiction over Deep Seabed Mining Disputes Involving Corporate Contractors

7.2.2 Resolution of Disputes between Corporate Contractors and other Actors aside from the International Seabed Authority

7.2.3 Concluding Reflections: Can Corporate Rights and Obligations be Reconciled?.

Concluding Remarks on Corporate Entity Involvement in Deep Seabed Mining

Appendix 1: Types of Contractors Participating in Exploration Activities in the Area

Appendix 2 : Status of Contracts for Exploration in the Area

Index.

Notes:

Description based on print version record.

ISBN:

0-19-265331-8

0-19-265330-X

0-19-192468-7

OCLC:

1264671538