Book contents
- International Environmental Obligations and Liabilities in Deep Seabed Mining
- International Environmental Obligations and Liabilities in Deep Seabed Mining
- Copyright page
- Dedication
- Contents
- Foreword
- Preface
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 Common Heritage of Mankind and Protection of the Marine Environment
- 3 International Seabed Authority and Its Environmental Mandate
- 4 International Environmental Obligations of the Sponsoring State and Contractor
- 5 Definition and Measure of Marine Environmental Damage
- 6 International Environmental Liability of the Contractor
- 7 Alternatives to International Environmental Liability of the Contractor
- 8 International Environmental Liabilities of the Sponsoring State and the International Seabed Authority
- 9 Conclusions
- Bibliography
- Index
1 - Introduction
Published online by Cambridge University Press: 09 November 2023
- International Environmental Obligations and Liabilities in Deep Seabed Mining
- International Environmental Obligations and Liabilities in Deep Seabed Mining
- Copyright page
- Dedication
- Contents
- Foreword
- Preface
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 Common Heritage of Mankind and Protection of the Marine Environment
- 3 International Seabed Authority and Its Environmental Mandate
- 4 International Environmental Obligations of the Sponsoring State and Contractor
- 5 Definition and Measure of Marine Environmental Damage
- 6 International Environmental Liability of the Contractor
- 7 Alternatives to International Environmental Liability of the Contractor
- 8 International Environmental Liabilities of the Sponsoring State and the International Seabed Authority
- 9 Conclusions
- Bibliography
- Index
Summary
This chapter identifies eight elements of the principle of common heritage of mankind (CHM) in the context of DSM, which exhibits a delicate balance between development and conservation. Environmental protection is an integral and inherent restrictive element of CHM. The chapter reflects preliminarily upon environmental protection in DSM at the conceptual and operational levels. At the conceptual level, it argues for an erga omnes character of international environmental obligations. Such a characterization would make a big room for innovative practices with respect to a more informative, inclusive and transparent model of global environmental governance of DSM as well as have legal implications on the question of who is entitled to invoke liability of the contractor, the sponsoring State and the ISA for environmental damage. At the operational level, it highlights the significant role of marine sciences and the fact that the great gaps of current marine scientific knowledge constitute a fundamental restraint to the development of DSM as well as the environmental protection in DSM.
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- Publisher: Cambridge University PressPrint publication year: 2023