Last edited by Shakar
Wednesday, April 29, 2020 | History

2 edition of Seabed regimes and the limits of national jurisdiction found in the catalog.

Seabed regimes and the limits of national jurisdiction

Billy J. Legg

Seabed regimes and the limits of national jurisdiction

  • 389 Want to read
  • 12 Currently reading

Published by University of Miami Sea Grant Program in Coral Gables, Fla .
Written in English

    Subjects:
  • Ocean bottom -- Law and legislation.,
  • Jurisdiction, Territorial.

  • Edition Notes

    Statement[by] Billy J. Legg.
    SeriesSea grant technical bulletin, no. 19
    Classifications
    LC ClassificationsSH1 .S46 no. 19, JX4426 .S46 no. 19
    The Physical Object
    Pagination125 p.
    Number of Pages125
    ID Numbers
    Open LibraryOL4919159M
    LC Control Number76181029

    The Evolving Legal Regime on Marine Biodiversity Beyond Areas of National Jurisdiction Dr. LUTHER RANGREJI Senior Legal Officer, Legal and Treaties Division Ministry of External Affairs, Government of India New Delhi. International Symposium on Law of the Sea, February ,Tokyo, Japan.   The Limits of Maritime Jurisdiction. Leiden and Boston: Brill Nijhoff, xviii + pp. Hardcover: € / $ There has been no shortage of books written on vital aspects of oceans law and policy. But there are few with the breadth and diversity of coverage, written by the most prominent law of the sea scholars and practitioners assembled in a single volume, such .


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Seabed regimes and the limits of national jurisdiction by Billy J. Legg Download PDF EPUB FB2

Seabed regimes and the limits of national jurisdiction. Coral Gables, Fla., University of Miami Sea Grant Program, (OCoLC) Material Type: Thesis/dissertation, Internet resource: Document Type: Book, Internet Resource: All Authors / Contributors: Billy J Legg; University of Miami.

Sea Grant Program. It covers, with a contemporary legal and multi-disciplinary approach, the seabed beyond and within national jurisdiction focusing more on the regimes than on the limits of the seabed zones. Environmental aspects, new utilizations and conflicting uses of the seabed play an important role.

Unusually, domestic practice is also considered. 1 Introduction. The deep seabed beyond national jurisdiction covers approximately half of our planet, yet it is the most inaccessible and least explored area on earth.

1 It is home to a wealth of mineral resources, including a variety of valuable metals and rare earth elements. 2 Deep seabed minerals await discovery on volcanic ridges, rocky outposts and amongst the sediment of the. The seabed in areas beyond national jurisdiction is the common heritage of mankind (CHM), as declared in the United Nations Convention on the Law of the Sea.

Open access book. The international seabed area—the part under ISA jurisdiction— is defined as “the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction”.

Urgent calls for an effective international regime over the seabed and the ocean floor beyond a clearly defined national jurisdiction set in motion a process that spanned 15 years and saw the. Its primary function is to regulate exploration for and exploitation of deep seabed minerals found in 'the Area', which is defined by the Convention as the seabed and subsoil beyond the limits of national jurisdiction, that is, beyond the outer limits of the continental shelf.

The Area comprises just over 50 per cent of the entire seabed on Earth. The International Seabed Authority (ISA) (French: Autorité internationale des fonds marins) is an intergovernmental body based in Kingston, Jamaica, that was established to organize, regulate and control all mineral-related activities in the international seabed area beyond the limits of national jurisdiction, an area underlying most of the world's oceans.

The "Mining Code" refers to the whole of the comprehensive set of rules, regulations and procedures issued by the International Seabed Authority to regulate prospecting, exploration and exploitation of marine minerals in the international seabed Area (defined as the seabed and subsoil beyond the limits of national jurisdiction).

In principle, the law regulates marine pollution according to its sources, such as land-based pollution, vessel-source pollution, dumping, pollution from seabed activities under national jurisdiction, pollution from activities in the Area, and pollution through the atmosphere.

Part 1 includes document on the continental shelf and the exclusive economic zone; Part 2 covers the United Nations regime for the Area beyond the limits of national jurisdiction, including the landmark Mining Code adopted in July ; and Part 3 has a selection of national legislation on sea-bed mining and related co-ordinating : Hardcover.

The Limits of Maritime Jurisdiction brings together a renowned group of oceans scholars and practitioners to explore key contemporary law of the sea challenges facing the. the Article. The concepts “seabed”, “ocean floor” and “subsoil”, are not definedby the LOSC. The term deep seabed is generally used to identify the Area notwithstanding that this is both factually and legally incorrect because for some areas within national limits can be quite as deep as those beyond national limits.

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. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of.

Given the increasing threats to biodiversity in the oceans and the gaps in the existing legal regimes, marine areas beyond the limits of national jurisdictions present a particularly urgent challenge that can be resolved only collectively by the global community.

genetic resources from the deep seabed beyond national jurisdiction and those. page 3 th. Anniversary United Nations Convention on the Law of the Sea. UNCLOS. these three instruments provide a comprehensive legal. regime for all. The innovative concept of the common heritage of mankind is embodied in the LOSC for the seabed beyond the limits of national jurisdiction (the Area).

It. However, the United States chose not to sign the Law of the Sea (LOS) Convention in because of significant fundamental problems regarding the regime for mineral resource development in the deep seabed area beyond national jurisdiction as detailed in Part XI and Annexes III and IV of the Convention.

covering the continental margin within national jurisdiction which includes both the shelf and the slope. Chapter 4 discusses the limits of national jurisdiction over continental shelf. Anand examines the legal, bases of claims to continental shelf and justifies the view that these rights exist ipso facto and db initio by virtue.

Deep Seabed Mineral Resources Act, supra note 1. Murphy, supra note 2, at The terms "abyssal depths," "deep seabed," and "deep ocean floor" refer to the ocean floor beyond the limit of any state's jurisdiction.

Although the limits of national jurisdiction are not formally settled, the Third United Nations Conference on the Law of. unique proposal that the UN declare the seabed and ocean floor "underlying the seas beyond the limits ofpresent national jurisdiction" to be "the common heritage ofmankind," andnot "subject ofnational appropriation in any manner whatsoever," the nations of the world are busy in attempting to build on a.

the seabed beyond the limits of national jurisdiction and the resources thereof are the common heritage of mankind The mere introduction of this principle with respect to the deep seabed in a legally binding instrument is therefore no minor feat when viewed from an international legal perspective.

Moreover, the Convention even bestows. 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.

Why Would Marine Spatial Planning Be Undertaken in Areas Beyond National Jurisdiction. Centre for contributing the Open Access fee for this chapter and facilitating our discussions and preparation of the book.

The International Legal Regime of the High Seas and the Seabed Beyond the Limits of National Jurisdiction and. Part 1 includes document on the continental shelf and the exclusive economic zone; Part 2 covers the United Nations regime for the Area beyond the limits of national jurisdiction, including the landmark Mining Code adopted in July ; and Part 3 has a selection of national legislation on sea-bed mining and related co-ordinating treaties.

Regime of the High Seas and the Seabed Beyond the Limits of National Jurisdiction and Options for Cooperation for the establishment of Marine Protected Areas (MPAs) in Marine Areas Beyond the Limits of National Jurisdiction.

Secretariat of the Convention on Biological Diversity, Montreal, Technical Series no. 19, 64 pages. The United Nations Convention on the Law of the Sea.

The year marks the 30th anniversary of the opening for signature of the United Nations Convention on the Law of the Sea (“UNCLOS” or “the Convention”), which, as at 24 Octoberhas parties, including the European Union.

The Assembly, by the same resolution, instructed the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor beyond the Limits of National Jurisdiction provided for in General Assembly resolution A (XXIII) of 21 Decemberenlarged to eighty-six members, to act as a preparatory body for the conference and to prepare.

mineral resources of the seabed lying beyond the limits of national jurisdiction, considerable legal controversy has arisen regarding the rules of international law and their effect on the activities of interested states. Two basic theses have been enunciated in that discussion.

The. First, and to put it in plain terms, the extensions of national and international jurisdiction have configured the ocean floor into a series of extraction sites principally for the benefit of a few states and corporations.

23 Second, this configuration has relied on – and continues to draw legitimacy from – a construction of the seabed as.

Report of the Committee on the Peaceful Uses of the Sea-bed and the Ocean Floor Beyond the Limits of National Jurisdiction Official records (United Nations. General Assembly).: Supplement Issue 21 of United Nations. General Assembly: Official records Issue 21 of United Nations.

General Assembly: Supplement: Author: United Nations. General Assembly. The International Seabed Authority (ISA) is one of the three new institutions established by the United Nations Convention on the Law of the Sea (LOSC), the other two being the Commission on the Limits of the Continental Shelf, and the International Tribunal for the Law of the Sea (ITLOS).

The ISA is mandated to administer the mineral resources of the deep. International Seabed Authority (ISA), international organization established in to regulate mining and related activities in the international seabed beyond national jurisdiction, an area that includes most of the world’s oceans.

The ISA came into existence upon the entry into force of the United Nations Convention on the Law of the Sea, which codified international law. This led to the formation of a 42 member Ad hoc Seabed Committee inthe General Assembly adopted a declaration of Principles Governing the Seabed and Oceans floor, and the Sub-soil thereof, beyond the limits of National Jurisdiction, which proclaimed that the exploitation of these areas should be carried out for the benefit of the mankind.

Therefore, understanding the evolution and active processes of EEZ seabed regimes and being able to reasonably predict their effect on the seabed are essential to seabed development activities. Iwo broad categories of active seabed processes are particularly important to EEZ utilization because of their widespread effects: mass wasting and.

“area,” defined as “the sea-bed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.” ( U.N.T.S. Summary of the Law: The. Law of the Sea Convention (LOSC) sets forth a comprehensive legal framework for the sea, the seabed and its subsoil, and the protection of the marine environment and its.

would be allocated to each state if outer limits of national jurisdiction were '7 United Nations. General Assembly. Official Records: 28th Session. Suppl. 21 (A/). Report of the Committee on the Peaceful Uses of the Sea-Bed and the Ocean Floor Beyond the Limits of National Jurisdiction, Vol.

I, and all of Vol. The jurisdiction of the Tribunal comprises all disputes and all applications submitted to it in accordance with the Convention. It also includes all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal (Statute, article 21). Mining the seabed beyond national jurisdiction: The legal framework Exploring the Dark Symposium, TU Delft, 14 March Alex G.

Oude Elferink Deputy Director Netherlands Institute for the Law of the Sea School of Law, Utrecht University, The Netherlands. This chapter discusses international law governing freedom of the high seas, jurisdiction over ships on the high seas, regimes of transit to and from the high seas, regulation of high seas fisheries, and the seabed and ocean floor beyond the limits of national jurisdiction.Towards the development of an international regime for the seabed beyond the limits of national jurisdiction: a comparative study of four proposals / by Otis Robert Cole, Jr.

-- K C64 The environmental law of the sea / by Douglas M. Johnston.Bed and the Ocean Floor beyond the Limits of National Jurisdiction held two sessions inthe first in New York from 5 March to 6 April, and the second—its final session—in Geneva, Switz-erland, from 2 July to 24 August.

The Committee discussed preparations for the Third United Na-tions Conference on the Law of the Sea, scheduled.