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Forum shopping within the context of deep sea mining

Klaas Willaert (UGent)
(2020)
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Abstract
The gradual depletion of land resources and the increasing demand for certain base metals have led to great interest in the minerals of the deep seabed. Beyond the boundaries of national jurisdiction, which extend to the outer limits of the continental shelf, the seabed and subsoil comprise the ‘Area’. The Area and its mineral resources are designated as ‘common heritage of mankind’ and are governed by a complex international regime, which determines by whom and under what conditions these natural resources can be exploited. However, it must be noted that companies wishing to pursue activities in the Area must be sponsored by the state of which they are nationals, so national legislation defining the conditions to obtain a certificate of sponsorship also plays an important role. The content of these national laws is very diverse though, which can create possible mismatches and may induce deep sea mining enterprises to strategically choose or change their sponsoring state. Therefore, the phenomenon of flags of convenience in shipping, which is detrimental to the enforcement of international rules and standards, does not seem far off.
Keywords
law of the sea, deep seabed, the Area, common heritage of mankind, national legislation, sponsoring state

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

MLA
Willaert, Klaas. Forum Shopping within the Context of Deep Sea Mining. 2020.
APA
Willaert, K. (2020). Forum shopping within the context of deep sea mining. Presented at the 9th Annual Cambridge International Law Conference, Cambridge (United Kingdom).
Chicago author-date
Willaert, Klaas. 2020. “Forum Shopping within the Context of Deep Sea Mining.” In .
Chicago author-date (all authors)
Willaert, Klaas. 2020. “Forum Shopping within the Context of Deep Sea Mining.” In .
Vancouver
1.
Willaert K. Forum shopping within the context of deep sea mining. In 2020.
IEEE
[1]
K. Willaert, “Forum shopping within the context of deep sea mining,” presented at the 9th Annual Cambridge International Law Conference, Cambridge (United Kingdom), 2020.
@inproceedings{8646342,
  abstract     = {The gradual depletion of land resources and the increasing demand for certain base metals have led to great interest in the minerals of the deep seabed. Beyond the boundaries of national jurisdiction, which extend to the outer limits of the continental shelf, the seabed and subsoil comprise the ‘Area’. The Area and its mineral resources are designated as ‘common heritage of mankind’ and are governed by a complex international regime, which determines by whom and under what conditions these natural resources can be exploited. However, it must be noted that companies wishing to pursue activities in the Area must be sponsored by the state of which they are nationals, so national legislation defining the conditions to obtain a certificate of sponsorship also plays an important role. The content of these national laws is very diverse though, which can create possible mismatches and may induce deep sea mining enterprises to strategically choose or change their sponsoring state. Therefore, the phenomenon of flags of convenience in shipping, which is detrimental to the enforcement of international rules and standards, does not seem far off.},
  author       = {Willaert, Klaas},
  keywords     = {law of the sea,deep seabed,the Area,common heritage of mankind,national legislation,sponsoring state},
  language     = {eng},
  location     = {Cambridge (United Kingdom)},
  title        = {Forum shopping within the context of deep sea mining},
  year         = {2020},
}