Issues Associated with the Implementation of Article 82 of the United Nations Convention of the Law of the Sea PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Issues Associated with the Implementation of Article 82 of the United Nations Convention of the Law of the Sea PDF full book. Access full book title Issues Associated with the Implementation of Article 82 of the United Nations Convention of the Law of the Sea by International Seabed Authority. Download full books in PDF and EPUB format.
Author: International Seabed Authority
Publisher: ISA Technical Study
ISBN:
Category : Law
Languages : en
Pages : 120
Get Book
Book Description
Potential claims to Outer Continental Shelf (OCS) areas under the 1982 United Nations Convention on the Law of the Sea, may eventually cover more than 15 million Square Kilometres of seabed. Under Article 82 of the Convention, a portion of the revenue from the extraction of non-living resources on the OCS must be disbursed through the International Seabed Authority 'on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them'. Responsibility for the implementation of Article 82 rests with the Authority and with States that exploit the non-living resources of the OCS. However, Article 82 does not address many of the specifics of how this is to be accomplished and therefore careful consideration is required of the obligation, principles and criteria for distribution of benefits, procedural aspects, the role of the Authority, the role of OCS States, and economic and temporal issues. To begin to answer these, and other, questions around the interpretation and application of Article 82, the Authority, in conjunction with the Energy, Environment and Development Programme of the Royal Institute of International Affairs (Chatham House) in the United Kingdom, convened a seminar for a group of invited experts to discuss the issues associated with Article 82. The present report, which examines the legal and policy issues associated with the implementation of Article 82, was originally prepared as a background paper for the seminar, and was subsequently extensively revised to take into account the views expressed by participants in the seminar.
Author: International Seabed Authority
Publisher: ISA Technical Study
ISBN:
Category : Law
Languages : en
Pages : 120
Get Book
Book Description
Potential claims to Outer Continental Shelf (OCS) areas under the 1982 United Nations Convention on the Law of the Sea, may eventually cover more than 15 million Square Kilometres of seabed. Under Article 82 of the Convention, a portion of the revenue from the extraction of non-living resources on the OCS must be disbursed through the International Seabed Authority 'on the basis of equitable sharing criteria, taking into account the interests and needs of developing States, particularly the least developed and the land-locked among them'. Responsibility for the implementation of Article 82 rests with the Authority and with States that exploit the non-living resources of the OCS. However, Article 82 does not address many of the specifics of how this is to be accomplished and therefore careful consideration is required of the obligation, principles and criteria for distribution of benefits, procedural aspects, the role of the Authority, the role of OCS States, and economic and temporal issues. To begin to answer these, and other, questions around the interpretation and application of Article 82, the Authority, in conjunction with the Energy, Environment and Development Programme of the Royal Institute of International Affairs (Chatham House) in the United Kingdom, convened a seminar for a group of invited experts to discuss the issues associated with Article 82. The present report, which examines the legal and policy issues associated with the implementation of Article 82, was originally prepared as a background paper for the seminar, and was subsequently extensively revised to take into account the views expressed by participants in the seminar.
Author: International Seabed Authority
Publisher:
ISBN: 9789768241177
Category : Law of the sea
Languages : en
Pages : 122
Get Book
Book Description
This Study was prepared by the Secretariat of the International Seabed Authority to provide a summary of the International Workshop on Further Consideration of the Implementation of Article 82 of the United Nations Convention on the Law of the Sea (the Convention), which was held in Beijing, China, from 26 to 30 November 2012 (Beijing Workshop), in collaboration with the China Institute for Marine Affairs (CIMA). The Workshop aimed to draw up recommendations for Article 82 implementation guidelines and the outline of a model Article 82 agreement between the ISA and an outer continental shelf (OCS) State for receiving payments and contributions. The workshop also considered the framework, process and criteria for the equitable distribution by the Authority of payments and contributions. These recommendations are intended to form the basis for further consideration of the issues associated with the implementation of Article 82 by the relevant organs of the Authority in 2013 and beyond.
Author: Alfonso Ascencio-Herrera
Publisher: Martinus Nijhoff Publishers
ISBN: 9004507388
Category : Law
Languages : en
Pages : 410
Get Book
Book Description
This book looks at the multidisciplinary aspects of the legal, economic, and scientific aspects of deep-sea mining, whilst, providing a rich historical background on the work and progress of the International Seabed Authority over the last 25 years of its existence.
Author: Robin Churchill
Publisher: Manchester University Press
ISBN: 1526116294
Category : Law
Languages : en
Pages : 827
Get Book
Book Description
For nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs. The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea. This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.
Author: J. Ashley Roach
Publisher: BRILL
ISBN: 9004443533
Category : Law
Languages : en
Pages : 951
Get Book
Book Description
The 4th edition of Excessive Maritime Claims updates material on state practice of the law of the sea since publication of the 3rd edition in 2012 and adds new material on islands and other maritime features.
Author: David Joseph Attard
Publisher: Oxford University Press
ISBN: 0192557467
Category : Law
Languages : en
Pages : 464
Get Book
Book Description
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Conventions burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of UN as the central intergovernmental organization responsible for global ocean governance. It examines the ocean governance challenges and how the present legal, policy, and institutional frameworks of the UN have addressed these challenges. It identifies the strengths and weaknesses of UN legal structures and offers tangible proposals to realize the ambition of a global ocean governance system.
Author: Virginie Tassin
Publisher: Taylor & Francis
ISBN: 0429760159
Category : Law
Languages : en
Pages : 483
Get Book
Book Description
For years, exploration of seabed natural resources has been ongoing while exploitation in deep marine areas remained unrealistic due to land-based mineral availability and costs. However, mounting pressures from the green transition, climate change, and long-lasting fears of terrestrial minerals scarcity now bring exploitation prospects closer to reality. This has caused concern to a growing chorus of States, scientists, industries, NGOs, and parts of civil society due to the potential environmental and social impacts of these activities. As a result, the idea of a moratorium or ‘precautionary pause’ is gaining ground. Yet, an important number of interpretation and implementation issues of the United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement remain to be answered as a means to move forward in accordance with international law. This multidisciplinary book, designed to become the essential handbook on the matter, provides a global overview of the national, regional, and international regulatory frameworks applicable to the exploration and exploitation of seabed minerals on the continental shelf and the Area, as well as the related state of the science on the matter. By presenting historical and geopolitical context crucial to understanding regulation evolution, the book equips readers with foundational legal and policy knowledge. It furthermore addresses contemporary and prospective issues and offers unique insights into regional and national practices, including non-Party States to UNCLOS. Chapter VI.1.4 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.
Author: Elizabeth Riddell-Dixon
Publisher: Dundurn
ISBN: 1459738985
Category : Political Science
Languages : en
Pages : 344
Get Book
Book Description
As one of the five Arctic coastal states, Canada has a vested interest in the Arctic extended continental shelf. Breaking the Ice examines the political, legal, and scientific aspects of Canada’s efforts to delineate its Arctic extended continental shelf and our part in the international legal regime affecting it.
Author: Catherine Banet
Publisher: BRILL
ISBN: 9004391568
Category : Law
Languages : en
Pages : 637
Get Book
Book Description
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 genetic resources, carbon sequestration and maritime security operations, both within and beyond the national jurisdiction. The book contains seven parts respectively addressing the definition of the seabed from a multidisciplinary perspective, the principles of jurisdiction delimitation under the United Nations Convention on the Law of the Sea (UNCLOS), the regimes for use of non-living, living and marine biodiversity resources, the role of state and non-state actors, the laying and removal of installations, the principles for sustainable and equitable use (common heritage of mankind, precaution, benefit sharing), and management tools to ensure coexistence between activities as well as the protection of the marine environment.
Author: Donald Rothwell
Publisher: Oxford Handbooks in Law
ISBN: 019871548X
Category : Law
Languages : en
Pages : 1073
Get Book
Book Description
Human activities have taken place in the world's oceans and seas for most of human history. With such a vast number of ways in which the oceans can be used for trade, exploited for natural resources and fishing, as well as concerns over maritime security, the legal systems regulating the rights and responsibilities of nations in their use of the world's oceans have long been a crucial part of international law. The United Nations Convention on the Law of the Sea comprehensively defined the parameters of the law of the sea in 1982, and since the Convention was concluded it has seen considerable development. ThisOxford Handbook provides a comprehensive and original analysis of its current debates and controversies, both theoretical and practical. Written by over forty expert and interdisciplinary contributors, the Handbook sets out how the law of the sea has developed, and the challenges it is currently facing. The Handbook consists of forty chapters divided into six parts. First, it explains the origins and evolution of the law of the sea, with a particular focus upon the role of key publicists such as Hugo Grotius and John Selden, the gradual development of state practice, and the creation of the 1982 UN Convention. It then reviews the components which comprise the maritime domain, assessing their definition, assertion, and recognition. It also analyses the ways in which coastal states or the international community can assert control over areas of the sea, and the management and regulation of each of the maritime zones. This includes investigating the development of the mechanisms for maritime boundary delimitation, and the decisions of the International Tribunal for the Law of the Sea. The Handbook also discusses the actors and intuitions that impact on the law of the sea, considering their particular rights and interests, in particular those of state actors and the principle law of the sea institutions. Then it focuses on operational issues, investigating longstanding matters of resource management and the integrated oceans framework. This includes a discussion and assessment of the broad and increasingly influential integrated oceans management governance framework that interacts with the traditional law of the sea. It considers six distinctive regions that have been pivotal to the development of the law of the sea, before finally providing a detailed analysis of the critical contemporary issues facing the law of the sea. These include threatened species, climate change, bioprospecting, and piracy. TheHandbook will be an invaluable and thought-provoking resource for scholars, students, and practitioners of the law of the sea.
