Sea-Bed Energy and Minerals: The International Legal Regime: Volume 2, Sea-Bed Mining

1. Auflage 2000
ISBN: 978-90-411-1540-9
Verlag: Wolters Kluwer

Buch, Englisch, Band 2, 536 Seiten, GB, Format (B × H): 155 mm x 235 mm, Gewicht: 971 g

Reihe: Sea-Bed Energy and Minerals

This three-volume work is concerned with the rules of international law governing the exploitation of the energy and mineral resources to be found on and under the sea-bed.

The purpose of the second volume is to present an analysis of the legal regime governing the exploration and exploitation of the mineral resources of the Area' beyond the limits of national jurisdiction, that is, the area lying seaward of the outer limit of the continental shelf. It places the United Nations regime in historical perspective by examining the forces which have shaped the compromise embodied in the UN Convention on the Law of the Sea, as modified by the 1994 Implementation Agreement, and provides a comprehensive study of the three pillars of the regime:

Part XI of the Convention, with the related Resolution on pioneer activities in the Area;

the Implementation Agreement; and

the Mining Code adopted in July 2000.

Detailed though the provisions of Part XI of the Convention and of the Implementation Agreement are, a Mining Code is required for the practical day-to-day implementation of the regime.

Brown provides a detailed analysis of this Code, together with an examination of the special provision made for pioneer investors. An account is also given of the conflict which existed between the UN regime and the Reciprocating States Regime, showing how a compromise solution was facilitated by the adoption of the Implementation Agreement. Given the complexity of this conventional regime, new institutions were clearly required for its development and administration and the author provides an account of the new International Seabed Authority, its several organs and related institutions.

Zielgruppe

Research

Autoren/Hrsg.

Brown, E. D.

Brown, E.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Verwaltungs-, Umwelt- und Gesundheitsrecht
• Geowissenschaften Geologie Marine Geologie, Ozeanographie (Meereskunde)

Inhaltsverzeichnis

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 Mining Code
Tables and Figures
Abbreviations

Part 1: Introduction
1. Introduction
2. The Common Heritage of Mankind as a Fundamental Principle: Ideology or Reality?

Part 2: The United Nations Regime of Sea-Bed Mining
3. The UN Convention Regime of Seabed Mining: I. The principles of the regime
4. The UN Convention Regime of Sea-Bed Mining: II. The basic regime for the development of the resources of the Area
5. The UN Convention Regime of Sea-Bed Mining: III. The Mining Code: Exploration.
6. The UN Convention Regime of Sea-Bed Mining: IV. The pioneer Investor Scheme
7. The UN Convention Regime of Sea-Bed Mining: V. The UN regime versus the reciprocating States regime: a compromise solution
8. The UN Convention Regime of Sea-Bed Mining: VI. The institutional framework
9. The UN Convention Regime of Sea-Bed Mining: VII. Settlement of disputes

Part 3: Sea-Bed Mining and the Marine Environment
10. Protection and Preservation of the Marine Environment

Index of Persons
Subject Index