Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed

Author:   Antonio Elian Lawand Junior
Publisher:   Springer International Publishing AG
Edition:   1st ed. 2023
ISBN:  

9783031124914


Pages:   112
Publication Date:   12 September 2023
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed


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Overview

This book offers an innovative approach to the recovery of areas degraded by international seabed mining, one that considers the feasibility of a standard that would allow mining in these areas in apparent antinomy with their other potential present and future uses. The book begins by identifying and explaining the legal norms that allow mining in these areas and the rights and obligations in mining exploitation concomitant to other uses of them, based on an analysis of mining operations’ duty of Recovery of Degraded Areas. It reveals an antinomy in international law, namely the compatibility of degraded areas and their various present and future uses with the mining of the international seabed. The freedom to mine these areas could destroy the least impacted biome on the planet and undermine the international law system represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the Law of the Sea (“UNCLOS III”). Recovery of Degraded Areas is an obligation in mining and, as such, requires structural changes in the reading of UNCLOS III; recognizing international roles other than those related to sovereignty; projecting the law into the future; and rereading it in light of international environmental law and its instruments.

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Author:   Antonio Elian Lawand Junior
Publisher:   Springer International Publishing AG
Imprint:   Springer International Publishing AG
Edition:   1st ed. 2023
Weight:   0.207kg
ISBN:  

9783031124914


ISBN 10:   303112491
Pages:   112
Publication Date:   12 September 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1. Introduction.- 2. About the Area.- 3. Recovery of Degraded Area.- 4. On the Apparent Material Antinomy between Compliance with Mining Obligations in the Area and Mining Exploitation Rights and Commitments.- 5. Conclusions.

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Author Information

Antonio Elian Lawand Junior is Adjunct Professor at Charleston School of Law, Charleston, SC, USA and Associate Professor at Maritime Law Academy, Santos, SP, Brazil. He's an Invited Lecturer at Verbo Jurídico, São Paulo, SP, Brazil. He is a member of the “Energy and Environment” research group at Catholic University of Santos in Brazil and Centre for Strategic Studies and Marine Spatial Planning-CEDEPEM at Federal University of Pelotas in Brazil and Associate Researcher at EXEA Museum (IF Paraiba - Brazil). He is a lawyer in the State of São Paulo, Brazil. Antonio Elian Lawand Junior holds a Juris Doctor in International Environmental Law, a master’s degree in laws in Environmental Law, a bachelor’s degree in laws (Catholic University of Santos, UniSantos, Brazil), and a postgraduate in Higher Education — Pedagogy (Tampere University, Finland).

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