TY  - BOOK
AU  - Lawand Junior,Antonio Elian
TI  - Legal Aspects of the Recovery of Areas Degraded by Mining in the International Seabed
T2  - SpringerBriefs in Law,
SN  - 9783031124921
U1  - 341.4 23
PY  - 2023///
CY  - Cham
PB  - Springer International Publishing, Imprint: Springer
KW  - Law of the sea
KW  - International law
KW  - Aeronautics
KW  - Law and legislation
KW  - Environmental law, International
KW  - Environmental management
KW  - Law of the Sea, Air and Outer Space
KW  - International Environmental Law
KW  - Sources and Subjects of International Law, International Organizations
KW  - Public International Law
KW  - Environmental Management
N1  - 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
N2  - 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
UR  - https://doi.org/10.1007/978-3-031-12492-1
ER  -