International Environmental Obligations and Liabilities in Deep Seabed Mining

Should deep seabed mining (DSM) stop or proceed? The international community is now facing a difficult choice. No matter what decision is made, environmental consideration is the core of the issue. This book tackles the compelling question of how to secure the marine environmental protection in DSM from an international law perspective. It deals with two major research questions: What are the international environmental requirements of participants ? the contractor, the sponsoring State and the International Seabed Authority (ISA)? What are the legal consequences for them when environmental damage occurs? In doing so, it analyses the international DSM legal regime and general international environmental principles, observes the functioning of the ISA, and draws on law and practice of various environmental treaty mechanisms. The examination reveals the potential practical difficulties as well as fundamental obstacles in the application of international environmental rules and principles in the specific context of DSM.

Introduction; 1. Common heritage of mankind and protection of the marine environment; 2. International seabed authority and its environmental mandate; 3. International environmental obligations of the sponsoring state and contractor; 4. Definition and measure of marine environmental damage; 5. International environmental liability of the contractor; 6. Alternatives to international environmental liability of the contractor; 7. International environmental liabilities of the sponsoring state and the international seabed authority; Conclusions; Bibliography; Index.

Linlin Sun is Assistant Professor at the Law School, Zhongnan University of Economics and Law. She did internships at China Ocean Minerals Resources Research and Development Association (2012), the International Seabed Authority (2015), the International Maritime Organization (2016), and the International Tribunal for the Law of the Sea (2016, as a Nippon Fellowship recipient).