Overview
- Offers an innovative approach to seabed mining beyond national jurisdictions
- Addresses the obligation of Recovery of Degraded Areas (RAD)
- Applies multiple approaches from international environmental law to the seabed ecosystem
Part of the book series: SpringerBriefs in Law (BRIEFSLAW)
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Table of contents (5 chapters)
Keywords
About this book
This book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses.
The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed.
The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.
Authors and Affiliations
About the author
Antonio Elian Lawand Junior holds a Juris Doctor in International Environmental Law, a master’s degree in laws in Environmental Law, a bachelor’s degree in laws (Catholic University of Santos, UniSantos, Brazil), and a postgraduate in Higher Education — Pedagogy (Tampere University, Finland).
Bibliographic Information
Book Title: Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed
Authors: Antonio Elian Lawand Junior
Series Title: SpringerBriefs in Law
DOI: https://doi.org/10.1007/978-3-031-12492-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023
Softcover ISBN: 978-3-031-12491-4Published: 12 September 2023
eBook ISBN: 978-3-031-12492-1Published: 11 September 2023
Series ISSN: 2192-855X
Series E-ISSN: 2192-8568
Edition Number: 1
Number of Pages: XIV, 112
Topics: Law of the Sea, Air and Outer Space, International Environmental Law, Sources and Subjects of International Law, International Organizations, Public International Law , Environmental Management