International environmental obligations and liabilities in deep seabed mining

Leiden Repository

International environmental obligations and liabilities in deep seabed mining

Type: Doctoral Thesis
Title: International environmental obligations and liabilities in deep seabed mining
Author: Sun, L.
Journal Title: Meijers-reeks
Issue Date: 2018-06-26
Keywords: the Area
Common heritage of mankind
precautionary approach
Environmental impact assessment
Environmental liability
State reponsibility
Sponsoring state
International Seabed Authority
Abstract: This research addresses two major legal questions faced by all participants in Deep Seabed Mining (DSM) – the contractor, sponsoring State and International Seabed Authority (ISA). Namely, what are their international environmental obligations? What are the conditions for establishing, the contents and implementation of their international environmental liabilities? It is argued that, although playing different roles, participants in DSM are imposed with the substantively same international environmental obligations. Most prominently, they should comply with the principle of prevention, the precautionary approach and conduct or review environmental impact assessments, the purpose of which is to avoid or prevent the occurrence of environmental damage. In case of the occurrence of environmental damage, liability would arise if wrongful acts of the participants and causal link between their acts and the environmental damage can be proved. Yet, in practice, both establishing and implementing environmental liability would encounter formidable difficulties. Due to the great gaps in marine scientific knowledge, the environmental damage would be hard to be identified and evaluated, the wrongful act and causation would also be difficult to prove. For these reasons, she suggests that alternative regimes such as administrative liability of the contractor and environmental compensation fund might be the future directions.
Promotor: Supervisor: Schrijver N.J., De Brabandere E.C.P.D.C.
Faculty: Law
University: Leiden
Handle: http://hdl.handle.net/1887/63218
 

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application/pdf Title Pages_Acknowledgements_Contents_Lists 221.0Kb View/Open
application/pdf Introduction 224.6Kb Under embargo until 2021-12-26
application/pdf Chapter 1 329.5Kb Under embargo until 2021-12-26
application/pdf Chapter 2 326.8Kb Under embargo until 2021-12-26
application/pdf Chapter 3 391.8Kb Under embargo until 2021-12-26
application/pdf Chapter 4 303.8Kb Under embargo until 2021-12-26
application/pdf Chapter 5 281.0Kb Under embargo until 2021-12-26
application/pdf Chapter 6 295.2Kb Under embargo until 2021-12-26
application/pdf Chapter 7 312.9Kb Under embargo until 2021-12-26
application/pdf Chapter 8 299.8Kb Under embargo until 2021-12-26
application/pdf Conclusions 201.3Kb Under embargo until 2021-12-26
application/pdf Bibliography 218.9Kb View/Open
application/pdf Summary in English 144.9Kb View/Open
application/pdf Summary in Dutch 150.6Kb View/Open
application/pdf Curriculum Vitae 153.5Kb View/Open
application/pdf Propositions 130.7Kb View/Open

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