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Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice de Xiangxin Xu

Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice: Maritime Cooperation in East Asia, cartea 12

Autor Xiangxin Xu
en Limba Engleză Hardback – 29 sep 2021
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.
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Specificații

ISBN-13: 9789004472334
ISBN-10: 9004472339
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Maritime Cooperation in East Asia

Cuprins

Acknowledgements
Abbreviations
List of Figures and Tables
List of Treaties and Declarations
List of Cases

Introduction

1 Mining Impacts on the Marine Environment and Deep Seabed Mining Regime
1 Introduction
2 Deep Seabed Mining and Its Impact on Marine Environment
2.1Deep Seabed Area in Geography and the Area under International Law
2.2Three Main Mineral Resources in the Area
2.3Possible Impacts of Mining Activities on the Marine Environment
2.4Mitigation Methods for Possible Negative Impacts
3 Deep Seabed Mining Regime
3.1The Historical Development of Deep Seabed Mining Regime
3.2Framework and Principles of the Deep Seabed Mining Regime
3.3The System of the Prospecting, Exploration, and Exploitation of Mineral Resources in the Area
3.4The ISA
3.5Observations on the Current Deep Seabed Mining Regime
4 Conclusion

2 Responsibility to Ensure
Primary Obligation of a Sponsoring State
1 Introduction
2 Terminology: Responsibility and Liability
3 The Legal Genesis of Responsibilities of Sponsoring States
3.1Common Heritage of Mankind
3.2Sponsorship
4 Sponsoring State’s Primary Responsibility and Its Implementation
4.1The Implications of the Concept “Responsibility to Ensure”
4.2Implementing “Responsibility to Ensure” as an Obligation of Conduct with High Standards
4.3Implementing “Responsibility to Ensure” “of Due Diligence”
4.4“Reasonably Appropriate” Implementing “Responsibility to Ensure”
5 Liability of the Sponsoring State
5.1Basic Architecture of Liability in the Deep Seabed Mining Regime
5.2Conditions of Liability of the Sponsoring State under the LOSC
5.3Corollaries: Reparation or Exemption of Liability
5.4Liability Gaps and Possible Solutions
6 Conclusion

3 Key Elements of “Reasonably Appropriate” Sponsoring States’ Environmental Legislation for Deep Seabed Mining in the Area
1 Introduction
2 Preliminary Issues
2.1Objectives
2.2Selection of Legislative Models
3 Components of Environmental Legislation
3.1Thresholds of Accessing to Mining in the Area
3.2Environmental Duties and Obligations of a Contractor
3.3Rights of a Contractor
3.4Monitoring Oversight
3.5Liability of a Contractor and Enforcement
4 Institutional Arrangement
4.1Legislative Body
4.2Regulatory Agency
4.3Monitoring Body
5 Conclusion

4 China’s Legislation in Relation to Deep Seabed Mining in the Area
1 Introduction
2 Chinese Legal System
2.1Legislative Bodies
2.2Structure and Hierarchy
3 Legal System of Deep Seabed Mining in the Area and Relevant Policy
3.1China’s Deep Seabed Law
3.2Measures for the Administration of Licensing for the Exploration and Exploitation of Resources in Deep Seabed Areas
4 Other Legislation That May Be Related to Deep Seabed Mining in the Area
4.1Legislation on the Exploration and Exploitation of Mineral Resources
4.2Legislation on Marine Environmental Protection
4.3Interim Conclusion
5 Institutional Arrangement for Mining Activities in the Area
6 Proposals for Improvements to China’S Deep Seabed Law
6.1Proposals for Objectives and Structure
6.2Proposal for Granting a License: Procedural Requirements
6.3Proposal for Granting a License: Substantial Requirements
6.4Proposal for a Contractor’s Environmental Obligations
6.5Proposal for a Contractor’s Environmental Rights
6.6Proposal for Monitoring
6.7Proposal for Liability and Enforcement
6.8Proposal for Institutional Arrangement
7 Conclusion

5 Conclusion
1 Carrying out “Responsibility to Ensure”: Sponsoring State’s Regulatory Role in Ensuring Its Sponsored Contractor’s Compliance
1.1What Role Does a Sponsoring State Play to Ensure Its Sponsored Contractor’s Compliance?
1.2What Should Be Included in the Sponsoring State’s National Legislation?
1.3How Far a Sponsoring State Can Go to Ensure Its Sponsored Contractor’s Compliance?
2 The Central Role of the isa to Organise and Control Activities in the Area
2.1isa’s Leading Legislative Role
2.2isa’s Primary Regulative Role
3 Collective Efforts in Promoting a Sponsoring State’s National Legislation

Bibliography
Index

Notă biografică

Xiangxin Xu, Ph.D. (2020), Kiel University, Germany. She holds a research position at the Center for Polar and Deep Ocean Development, KoGuan Law School, Shanghai Jiao Tong University (SJTU). Her specialty is on legal issues regarding deep seabed mining and she has publications in the relevant areas.