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Crafting the perfect deep sea mining legislation : a patchwork of national laws

Klaas Willaert (UGent)
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Abstract
Beyond the boundaries of national jurisdiction, the seabed and its mineral resources are governed by a complex international regime, which determines by whom and under what conditions these natural resources can be exploited. However, companies and natural persons wishing to pursue activities in the Area must be sponsored by a state, so national legislation defining the conditions to obtain a certificate of sponsorship also plays an important role. These national laws are very diverse and contain a wide array of provisions, leading to several advantages as well as drawbacks. This article analyzes the crucial building blocks of national deep sea mining legislation and assesses which provisions can serve as an example. Comparisons are made between the relevant laws of carefully selected sponsoring states and this leads us to a patchwork of recommended provisions, which is presented as a first step towards ideal national legislation on deep sea mining.
Keywords
law of the sea, deep seabed, national legislation, sponsoring state, deep sea mining

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Please use this url to cite or link to this publication:

MLA
Willaert, Klaas. “Crafting the Perfect Deep Sea Mining Legislation : A Patchwork of National Laws.” MARINE POLICY, vol. 119, 2020, doi:10.1016/j.marpol.2020.104055.
APA
Willaert, K. (2020). Crafting the perfect deep sea mining legislation : a patchwork of national laws. MARINE POLICY, 119. https://doi.org/10.1016/j.marpol.2020.104055
Chicago author-date
Willaert, Klaas. 2020. “Crafting the Perfect Deep Sea Mining Legislation : A Patchwork of National Laws.” MARINE POLICY 119. https://doi.org/10.1016/j.marpol.2020.104055.
Chicago author-date (all authors)
Willaert, Klaas. 2020. “Crafting the Perfect Deep Sea Mining Legislation : A Patchwork of National Laws.” MARINE POLICY 119. doi:10.1016/j.marpol.2020.104055.
Vancouver
1.
Willaert K. Crafting the perfect deep sea mining legislation : a patchwork of national laws. MARINE POLICY. 2020;119.
IEEE
[1]
K. Willaert, “Crafting the perfect deep sea mining legislation : a patchwork of national laws,” MARINE POLICY, vol. 119, 2020.
@article{8635619,
  abstract     = {Beyond the boundaries of national jurisdiction, the seabed and its mineral resources are governed by a complex international regime, which determines by whom and under what conditions these natural resources can be exploited. However, companies and natural persons wishing to pursue activities in the Area must be sponsored by a state, so national legislation defining the conditions to obtain a certificate of sponsorship also plays an important role. These national laws are very diverse and contain a wide array of provisions, leading to several advantages as well as drawbacks. This article analyzes the crucial building blocks of national deep sea mining legislation and assesses which provisions can serve as an example. Comparisons are made between the relevant laws of carefully selected sponsoring states and this leads us to a patchwork of recommended provisions, which is presented as a first step towards ideal national legislation on deep sea mining.},
  articleno    = {104055},
  author       = {Willaert, Klaas},
  issn         = {0308-597X},
  journal      = {MARINE POLICY},
  keywords     = {law of the sea,deep seabed,national legislation,sponsoring state,deep sea mining},
  language     = {eng},
  pages        = {8},
  title        = {Crafting the perfect deep sea mining legislation : a patchwork of national laws},
  url          = {http://dx.doi.org/10.1016/j.marpol.2020.104055},
  volume       = {119},
  year         = {2020},
}

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