Sea-bed energy and minerals. Volume 2, Sea-bed mining : the international legal regime / E. D. Brown.

Format:

Book

Author/Creator:

Brown, E. D. (Edward Duncan), author.

Series:

Sea-bed Energy and Minerals ; 2.

Sea-bed Energy and Minerals ; 2

Language:

English

Subjects (All):

Marine mineral resources--Law of--International.

Marine mineral resources.

Natural resources--Law of--International.

Natural resources.

Ocean mining--Law of--International.

Ocean mining.

Physical Description:

1 online resource.

Place of Publication:

The Hague : Martinus Nijhoff Publishers, [2001]

Contents:

Intro

Title Page

Copyright Page

Table of Contents

PREFACE

TABLE OF CASES

TABLE OF UN AND UNCLOS RESOLUTIONS

TABLE OF STATUTES AND OTHER MUNICIPAL INSTRUMENTS

TABLE OF TREATIES AND INTERNATIONAL REGULATIONS

TABLE OF THE MINING CODE

TABLES AND FIGURES

ABBREVIATIONS

Part 1 INTRODUCTION

CHAPTER 1 Introduction

I THE SCOPE OF VOLUME 2

II THE STATUS OF THE UN CONVENTION

1. Entry into force and transitional arrangements

2. Breakthrough to universality? Current status

CHAPTER 2 The common heritage of mankind as a fundamental principle: ideology or reality?

I INTRODUCTION: FUNDAMENTAL PRINCIPLES IN CONFLICT

1. Freedom of the seas versus sovereignty: the classical conflict

2. Freedom of the seas versus common heritage of mankind: a modem conflict

II THE FREEDOM OF THE HIGH SEAS VERSUS THE COMMON HERITAGE OF MANKIND: THE CONFLICT IN HISTORICAL PERSPECTIVE

1. The pre-1967 debate

2. The freedom of the high seas

III THE EFFECT OF DEVELOPMENTS AFTER 1967

1. The Maltese initiative

2. General Assembly resolutions

3. The Charter of Economic Rights and Duties of States, 1974

4. The UNCTAD Resolution of 17 September 1978

5. Group of 77 statements

6. Practice of the industrialised States

7. The UN Convention on the Law of the Sea, 1982

IV CONCLUSIONS

Part 2 THE UNITED NATIONS REGIME OF SEA-BED MINING

CHAPTER 3 The UN Convention regime of sea-bed mining: I. The principles of the regime

I THE FUNDAMENTAL PRINCIPLE: THE COMMON HERITAGE OF MANKIND

1. Ideological milieu - the significance of the Preamble

2. Scope of the common heritage of mankind ratione loci

3. Scope of the common heritage of mankind ratione materiae

4. Scope of the common heritage of mankind ratione temporis: limited scope for amendment.

5. Scope of the common heritage of mankind ratione personae

II LEGAL STATUS OF THE AREA AND ITS RESOURCES

III GENERAL CONDUCT OF STATES

USE FOR PEACEFUL PURPOSES

NON-DISCRIMINATION

IV BENEFIT OF MANKIND

V RESPONSIBILITY TO ENSURE COMPLIANCE AND LIABILITY FOR DAMAGE

1. State responsibility

2. Responsibility of international organisations

VI RIGHTS AND LEGITIMATE INTERESTS OF COASTAL STATES

VII MARINE SCIENTIFIC RESEARCH

VIII TRANSFER OF TECHNOLOGY

1. The principle stated

2. Mechanisms for transfer of technology

IX PROTECTION OF THE MARINE ENVIRONMENT

X PROTECTION OF HUMAN LIFE

XI ACCOMMODATION OF ACTIVITIES IN THE AREA AND IN THE MARINE ENVIRONMENT

XII PARTICIPATION OF DEVELOPING STATES IN ACTIVITIES IN IBE AREA

XIII ARCHAEOLOGICAL AND HISTORICAL OBJECTS

CHAPTER 4 The UN Convention regime of sea-bed mining: II. The basic regime for the development of the resources of the Area

I 'POLICIES RELATING TO ACTIVITIES IN THE AREA': UN CONVENTION, ARTICLE 150

II NON-DISCRIMINATION BY THE AUTHORITY: UN CONVENTION, ARTICLE 152

III TITLE TO MINERALS: UN CONVENTION, ANNEX III, ARTICLE 1

IV PROSPECTING: UN CONVENTION, ANNEX III, ARTICLE 2 AND MINING CODE, PART II

1. Prospecting defined

2. UN Convention, Annex III, Article 2

3. The Mining Code, Part II

V THE SYSTEM OF EXPLORATION AND EXPLOITATION: WHO MAY EXPLORE AND EXPLOIT THE RESOURCES OF THE AREA

PLANS OF WORK: UN CONVENTION, ARTICLE 153 AND ANNEX III, ARTICLES 3-6, AS MODIFIED BY THE IMPLEMENTATION AGREEMENT

1. Article 153: the background

2. Rôle of Authority

3. Who may carry out activities?

4. Plans of work

5. Security of tenure for contractors

VI PRODUCTION POLICIES: UN CONVENTION, ARTICLE 151 AND IMPLEMENTATION AGREEMENT, ANNEX, SECTION 6.

1. Unfair economic practices - UN Convention, Article 151(8) and Section 6 of Annex to the Implementation Agreement

2. Economic assistance to developing countries - UN Convention, Article 151(10) and Section 6 of Annex to the Implementation Agreement

VII RESERVATION OF SITES (THE 'BANKING' SYSTEM): RIGHTS, OBLIGATIONS AND OPPORTUNITIES OF OPERATORS OTHER THAN THE ENTERPRISE IN RELATION TO RESERVED SITES: ANNEX III, ARTICLES 8, 9 AND 11 AND IMPLEMENTATION AGREEMENT, ANNEX, SECTION 1(10)

VIII FINANCIAL TERMS OF CONTRACTS: UN CONVENTION, ANNEX III, ARTICLE 13 AND IMPLEMENTATION AGREEMENT, ANNEX, SECTIONS

1. The objectives of the financial terms of contracts: UN Convention, Annex III, Article 13(1)

2. Types of payment envisaged: UN Convention, Annex III, Article 13(2)-(10) and the Implementation Agreement, Annex, Section 8(1) and (3)

3. Accounting and audit

4. Currency of payments or payments in kind

5. Disputes over financial terms of contracts

IX TRANSFER OF DATA: UN CONVENTION, ANNEX III, ARTICLE 14

X TRAINING PROGRAMMES: UN CONVENTION, ANNEX III, ARTICLE 15

XI EXCLUSIVE RIGHT TO EXPLORE AND EXPLOIT: UN CONVENTION, ANNEX III, ARTICLE 16

XII RULES, REGULA TIO NS AND PROCEDURES OF THE AUTHORITY: UN CONVENTION, ANNEX III, ARTICLE 17

XIII PENALTIES: UN CONVENTION, ANNEX III, ARTICLE 18

XIV 'RESPONSIBILITY OR LIABILITY': UN CONVENTION, ANNEX III, ARTICLE 22

1. The liability of the contractor

2. The liability of the Authority

XV REVISION OF CONTRACT: UN CONVENTION, ANNEX III, ARTICLE 19

XVI TRANSFER OF RIGHTS AND OBLIGATIONS: UN CONVENTION, ANNEX III, ARTICLE 20

XVII APPLICABLE LAW: UN CONVENTION, ANNEX III, ARTICLE 21

XVIII RESOURCES OF THE AREA OTHER THAN POLYMETALLIC NODULES

CHAPTER 5 The UN Convention regime of sea-bed mining III. The Mining Code: exploration.

I THE APPLICATION FOR A PLAN OF WORK FOR EXPLORATION

1. Who may make an application for a plan of work for exploration

2. The content of the application

3. Fee for applications

4. Processing of applications

II THE CONTRACT FOR EXPLORATION

1. The contract

III PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT

IV CONFIDENTIALITY OF DATA AND INFORMATION

1. What constitutes confidential data and information

2. Limitations on use by Authority of confidential data and information

3. Period of confidentiality

4. Procedures to ensure confidentiality

5. Standard contractual clause on confidentiality

V SETTLEMENT OF DISPUTES

CHAPTER 6 The UN Convention regime of sea-bed mining: IV. The pioneer investor scheme

I ORIGINS AND RAISON D'ETRE

II THE ORIGINAL PIONEER INVESTOR SCHEME

1. Registration as a pioneer investor

2. Approval of plans of work

3. Production Authorisations

III THE DEVELOPMENT AND ADAPTATION OF THE PIONEER INVESTOR SCHEME

1. The Preparatory Commission: responsibilities, organs, rules and procedures

2. The preparation of the rules for the implementation of the pioneer investor scheme: the Preparatory Commission's 1984 session

3. The obligation to avoid overlapping areas: the original provisions of Resolution II

4. State practice 1982-84 and the Provisional Understanding of 3 August 1984

5. The Understanding on Resolution of Conflicts Among Applicants for Registration as Pioneer Investors of 31 August 1984

6. The Arusha Understanding of 7 February 1986 and the New York Understanding of 5 September 1986

7. The 'Midnight Agreement' of 14 August 1987

8. The Understanding on Pioneer Investors' Obligations of 30 August 1990

9. The Chinese pioneer investor application, 1990-91

10. Application by East European States and Cuba, 1991.

11. Application by the Republic of Korea, 1994

IV THE 1994 IMPLEMENTATION AGREEMENT AND THE PIONEER INVESTOR SCHEME

1. Plans of work of registered pioneer investors: provisions of the Implementation Agreement and the Mining Code

2. Approval of plans of work of registered pioneer investors: progress report

3. Monitoring fulfilment of obligations by registered pioneer investors and their certifying States: from the Preparatory Commission to the Authority

CHAPTER 7 The UN Convention regime of sea-bed mining: V. The UN regime versus the reciprocating States regime: a compromise solution

I INTRODUCTION

II THE RECIPROCATING STATES REGIME AND THE UN CONVENTION REGIME COMPARED

1. Reasons for and legal basis of 'interim' legislation and relationship to principle of common heritage of mankind embodied in UN Convention

III THE CO-ORDINATION OF THE LEGISLATION OF THE RECIPROCATING STATES

1. The Agreement Concerning Interim Arrangements Relating to Polymetallic Nodules of the Deep Sea Bed, 1982

2. The Provisional Understanding Regarding Deep Sea-bed Matters, 1984

IV THE INCOMPATIBILITY OF THE TWO REGIMES

1. The differences between the two regimes

2. A denial of the common heritage principle?

V MODUS VIVENDI BETWEEN THE TWO REGIMES

1. Scope of modus vivendi rationae personae

2. Scope of modus vivendi ratione materiae

3. Scope of modus vivendi ratione temporis

VI THE IMPACT OF THE IMPLEMENTATION AGREEMENT ON THE RECIPROCATING STATES REGIME

CHAPTER 8 The UN Convention regime of sea-bed mining: VI. The institutional framework

I THE ESTABLISHMENT AND PURPOSE OF THE AUTHORITY

II THE ORGANS OF THE AUTHORITY

1. The principal organs

2. The Enterprise

3. Financial arrangements of Authority

4. Legal status, privileges and immunities of the Authority.

5. Suspension of rights of members of the Authority.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-48125-7

OCLC:

647033864

Publisher Number:

10.1163/9789004481251 DOI