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Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The designations employed, as well as the content and presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority or the Commonwealth Secretariat, including, inter alia, concerning the legal status of any country or territory or of its authorities, or concerning the delimitation of its front [...] The Seabed Disputes Liability and Chamber (SDC) of the International Tribunal of the Law of the Sea (ITLOS) provided further Compensation for guidance on these provisions, in particular in relation to the responsibilities and liabilities of Environmental Damage in sponsoring states, in its 2011 Advisory Opinion.2 International Law Notwithstanding these instruments and the Advisory Opinion, as the [...] The legislation of the State where of the environment and establish that the costs of the nuclear damage is suffered shall determine reinstatement must be proportionate to the extent who is entitled to take such measures."30 Thus, and duration of the damage and the benefits likely the Protocol envisages not only reinstatement or to be achieved.24 Measures taken at some distance restoration but als [...] The costs of measures of reinstatement to be compensated, except to the extent of the impaired environment are included, unless determined by the law of the competent court.32 In the 1993 Lugano Convention on Civil Liability for Damage Resulting from Activities Dangerous 22 IOPC Funds, Resolutions of the 1971 Fund, Resolution No 3 - Pollution to the Environment, while the basic definition of Damag [...] Principle 3(b) of the Draft Principles on the Allocation of Loss provides that the purpose iii) loss or damage by impairment of the draft principles include "to preserve of the environment; and protect the environment in the event of iv) the costs of reasonable measures transboundary damage, especially with respect to of reinstatement of the property, or mitigation of damage to the environment and.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The designations employed, as well as the content and presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority or the Commonwealth Secretariat, including, inter alia, concerning the legal status of any country or territory or of its authorities, or concerning the delimitation of its front [...] The Seabed Disputes Liability and Chamber (SDC) of the International Tribunal of the Law of the Sea (ITLOS) provided further Compensation for guidance on these provisions, in particular in relation to the responsibilities and liabilities of Environmental Damage in sponsoring states, in its 2011 Advisory Opinion.2 International Law Notwithstanding these instruments and the Advisory Opinion, as the [...] The legislation of the State where of the environment and establish that the costs of the nuclear damage is suffered shall determine reinstatement must be proportionate to the extent who is entitled to take such measures."30 Thus, and duration of the damage and the benefits likely the Protocol envisages not only reinstatement or to be achieved.24 Measures taken at some distance restoration but als [...] The costs of measures of reinstatement to be compensated, except to the extent of the impaired environment are included, unless determined by the law of the competent court.32 In the 1993 Lugano Convention on Civil Liability for Damage Resulting from Activities Dangerous 22 IOPC Funds, Resolutions of the 1971 Fund, Resolution No 3 - Pollution to the Environment, while the basic definition of Damag [...] Principle 3(b) of the Draft Principles on the Allocation of Loss provides that the purpose iii) loss or damage by impairment of the draft principles include "to preserve of the environment; and protect the environment in the event of iv) the costs of reasonable measures transboundary damage, especially with respect to of reinstatement of the property, or mitigation of damage to the environment and.
Author: Linlin Sun Publisher: Cambridge University Press ISBN: 1108488307 Category : Law Languages : en Pages : 383
Book Description
Clarifies legal requirements for environmental protection in deep seabed mining and the legal consequences when environmental damage occurs.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The designations employed, as well as the content and presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the International Seabed Authority or the Commonwealth Secretariat, including, inter alia, concerning the legal status of any country or territory or of its authorities, or concerning the delimitation of its front [...] The paper considers the standard of liability for state behaviour under the law of An important factor that has influenced the state responsibility and on operators through development of liability regimes in relation to other international legal regimes on civil liability, as activities is whether the approach to liability is to well as detailing the use of liability exceptions focus on state lia [...] Under the wording of article 139(2), liability only arises if there is damage, which could include damage to the Area and its resources, as well as damage to the marine environment.21 Liability under the LOSC The question of the standard of state liability was addressed directly in the Advisory Opinion, where the SDC was firmly of the view that liability "arises Th e key primary obligation on spon [...] As a result, the LOSC contemplates the possibility There is nothing in the deep seabed mining regime of the development of new rules on liability, that suggests that the sponsoring state, the ISA or whether they arise from general developments the contractor must each be subject to the same in public international law or specifically in the standard of liability. [...] In fact, the structure of the context of the deep seabed mining regime.32 LOSC, which specifies a due diligence standard for sponsoring states directly in article 139, suggests The SDC specifically links the potential for the an intention to impose a due diligence obligation development of future rules on responsibility on sponsoring, while allowing the standard of and liability, such as the estab.
Author: Xiangxin Xu Publisher: BRILL ISBN: 9004472347 Category : Law Languages : en Pages : 307
Book Description
In Responsibility to Ensure: Sponsoring States’ Environmental Legislation for Deep Seabed Mining and China’s Practice, Xiangxin Xu examines how and to what extent the sponsoring State implements its primary responsibility by enacting national legislation, taking China’s legislation as an example.
Author: Keith MacMaster Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This article will focus on liabilities for the Area and examine the question of liability for the various actors involved, including contractors/operators who carry out the exploitation of resources, sponsoring States, flag States, and the International Seabed Authority. It is necessary to analyze the current state of liability provisions, should environmental damage occur in the Area. The rapid pace of technological advancement and the unknown extent of environmental damage make a fulsome liability regime necessary. Unfortunately, as will be shown in this article, there are still extensive unknowns in the legal landscape. This article will investigate two areas of liability: the standard of liability (strict, negligence, and whether there is a potential for a due diligence defense, active act, or mens rea requirements) and the extent of liability (limited or unlimited damage claim potentials). The UNCLOS seems to provide for one type of liability for operators, but the subsequent legislation, as will be shown, seems to “water down” liabilities, making a detailed analysis required.
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
While the basic legal architecture The Legal Working Group of a liability system has been addressed in the provisions of UNCLOS, and elaborated upon by on Liability the International Tribunal for the Law of the Sea (ITLOS) in its 2011 advisory opinion on activities The working group was co-convened by CIGI, in the Area,2 there remain both substantive and ComSec and the ISA Secretariat, under the j [...] The other members of the working The Legal and Technical Commission (LTC) of group were invited, based on their expertise in the ISA identified "responsibility and liability" areas related to the international law of state as a priority deliverable in the development of responsibility and liability, the law of the sea the mining code for the exploitation stage of and international environmental la [...] The to provide the ISA Secretariat and the LTC with first day of the workshop consisted of a number a foundational understanding of the potential of presentations on legal and technical subjects legal avenues for establishing a sector-specific related to deep seabed mining and liability liability regime for deep seabed mining. [...] The allocation of responsibility of the cost of reasonable measures to prevent the and the determination of appropriate, fit-for- damage and considering any acts of failure by purpose mechanisms (for example, funds, bonds the ISA. [...] Under the IOPC carried out by the Assemblies (Administrative Funds, the recovery is applicable to the territory, Council), the Executive Committee and the the territorial waters and the exclusive economic Secretariat.
Author: Neil Craik Publisher: Cambridge University Press ISBN: 1108853544 Category : Law Languages : en Pages : 319
Book Description
This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
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Author: Linlin Sun
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Author: Xiangxin Xu
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Author: Keith MacMaster
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Author: Neil Craik