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The International Seabed Authority and the Precautionary Principle
With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals. This book examines whether and to what extent the Authority is implementing the precautionary principle in practice. This includes the development of adequate environmental protection standards as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. In doing so, the author offers an insightful example of how the precautionary principle can be translated into a practical management tool.
Biosafety Measures, Technology Risks and the World Trade Organization
This book examines the work of the World Trade Organization (WTO), with a focus on the capacity of its judiciary to strike a reasoned balance between free trade in biotechnology and biosafety as to promote the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. By adopting an innovative interpretation of the precautionary principle and proportionality analysis, the work offers normative suggestions to develop what the author terms “a constructive bridge of knowledge” between decision-makers, scientists, social experts and expert witnesses, which can support a judicial balance by design rather than by chance. Biotechnology is sometimes regarded as a panacea for ...
Responsibility to Ensure
The contractors are those private or state-owned companies that carry out exploration and exploitation activities in the Area, which, due to the lack of subjectivity under international law, are not obliged by the UNCLOS. In this book, Xiangxin Xu highlights and analyzes the sponsoring State’s primary responsibility, i.e., ensuring its sponsored contractors’ compliance with environmental obligations under the UNCLOS and related legal instruments by enacting national legislation. She examines how and to what extent the sponsoring State validates and implements the international system at the domestic level and makes up for the shortcomings of the international system in managing contractors. The author further takes China’s legislation as an example and provides how it can be improved.
Chasing Icebergs
A deeply intelligent and engrossing narrative that will transform our relationship with water and how we view climate change. The global water crisis is upon us. 1 in 3 people do not have access to safe drinking water; nearly 1 million people die each year as a result. Even in places with adequate freshwater, pollution and poor infrastructure have left residents without basic water security. Luckily, there is a solution to this crisis where we least expect it. Icebergs—frozen mountains of freshwater—are more than a symbol of climate change. In his spellbinding Chasing Icebergs, Matthew Birkhold argues the glistening leviathans of the ocean may very well hold the key to saving the planet....
International Law and Corporate Actors in Deep Seabed Mining
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.
The Law of the Seabed
The Law of the Seabed reviews the most pressing legal questions raised by the use and protection of natural resources on and underneath the world’s seabeds. While barely accessible, the seabed plays a major role in the Earth’s ecological balance. It is both a medium and a resource, and is central to the blue economy. New uses and new knowledge about seabed ecosystems, and the risks of disputes due to competing interests, urge reflection on which regulatory approaches to pursue. The regulation of ocean activities is essentially sector-based, and the book puts in parallel the international and national regimes for seabed mining, oil and gas, energy generation, bottom fisheries, marine gene...
Unconventional Lawmaking in the Law of the Sea
Unconventional Lawmaking in the Law of the Sea explores the ways that actors operating at the international level develop standards of behaviour to regulate varied maritime activities beyond traditional lawmaking. Other than conventions and customary international law, there is a plethora of international agreements that influence international conduct. This 'soft law' or 'informal law' is now prolific in ocean governance, and so it is time to consider its significance for the law of the sea. This monograph brings together women law-of-the-sea scholars with expertise in specific areas of the law of the sea, as well as international law more generally. Informal lawmaking is examined in relati...
Governance of Offshore Freshwater Resources
In Governance of Offshore Freshwater Resources Renée Martin-Nagle presents the scientific proof for vast quantities of freshwater in the seabeds, explains the socio-economic factors that will lead to development of the resource, and examines the international law principles and regimes that would guide policymakers in designing a governance system for offshore freshwater. Pursuant to the law of the sea, coastal states have sovereign rights to seabed resources within their exclusive economic zones. Offshore hydrocarbon development has produced customary practices for cooperation that were inspired by international water law and that could serve as a template for governing transboundary offshore freshwater. Given the vital nature of freshwater, equitable distribution of this new resource and its benefits should be considered.
Marine Conservation and International Law
This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, areabased management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential area...
Protecting the Last Frontier
Aerospace Law and Policy Series Space resource activities—better known as “space mining”—is the next step in humankind’s utilization of outer space. Previous space activities have belatedly caused us to realize that fragile environments do not end with Earth’s atmosphere. Today, the most striking problem is the agglomeration and increasing generation of nonfunctional space objects (space debris) in orbit. Tomorrow, with the development of new space activities, unanticipated environmental problems will arise beyond Earth orbit. This book seeks to anticipate the inevitable legal framework that will need to be put in place and, in particular, considers the necessity to create legal ...
