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The compromised international legal regime for deep seabed mining and a possible solution from China's legislative perspective.
- Source :
-
Journal of Energy & Natural Resources Law . May2024, Vol. 42 Issue 2, p167-184. 18p. - Publication Year :
- 2024
-
Abstract
- The principle of the common heritage of mankind (CHM principle), as enshrined in Part XI of the United Nations Convention on the Law of the Sea, is the fundamental principle of sharing the resources of the international seabed area. The International Seabed Authority (the Authority) is the international institution that implements Part XI of the Convention and has the dual task of managing the exploration and exploitation of resources in the international seabed area and protecting the marine environment. This article dives into a deep analysis of the problems that have arisen in the course of the development of the sharing mechanism for resources in the international seabed area by the Authority, and further engages in the discussion on China's domestic legislative strategies for the mechanism for sharing of resources in the international seabed area. It is argued in this article that China's domestic deep-sea legal regime is an important part of global deep-sea governance, and has the potential to apply a 'corrective' function to the 'institutional misalignment' that occurs in the operation of the international seabed regime with the aim of promoting the sharing of resources in the international seabed area. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 02646811
- Volume :
- 42
- Issue :
- 2
- Database :
- Academic Search Index
- Journal :
- Journal of Energy & Natural Resources Law
- Publication Type :
- Academic Journal
- Accession number :
- 177179005
- Full Text :
- https://doi.org/10.1080/02646811.2023.2252703