Skip to main content

Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed

  • Book
  • © 2023

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)

  • 168 Accesses

This is a preview of subscription content, log in via an institution to check access.

Access this book

eBook USD 39.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 49.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

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

  • Charleston School of Law, Charleston, USA

    Antonio Elian Lawand Junior

About the author

Antonio Elian Lawand Junior is Adjunct Professor at Charleston School of Law, Charleston, SC, USA and Associate Professor at Maritime Law Academy, Santos, SP, Brazil. He's an Invited Lecturer at Verbo Jurídico, São Paulo, SP, Brazil. He is a member of the “Energy and Environment” research group at Catholic University of Santos in Brazil and Centre for Strategic Studies and Marine Spatial Planning-CEDEPEM at Federal University of Pelotas in Brazil and Associate Researcher at EXEA Museum (IF Paraiba - Brazil). He is a lawyer in the State of São Paulo, Brazil.



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

Publish with us