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As a preliminary issue, this chapter argues that the DSM regime embodies a dual-track regulatory system where national regulation by the sponsoring State plays a subordinate role complementary to international regulation of the ISA. Thereafter, it examines a network of international environmental obligations of the sponsoring State under the overarching principle of sustainable development, in accordance with both lex specialis of DSM and general international environmental law, drawing on the Seabed Disputes Chamber’s Advisory Opinion of 2011. That covers the sponsoring State’s obligation of prevention, obligation to apply the precautionary approach and obligation concerning environmental impact assessment (EIA). Then, it turns to the contractor, investigating its international environmental obligations to conduct EIAs and submit EISs, to prepare for and respond to environmental emergency, on environmental management and monitoring and to apply the highest environmental standards. The latter part refers frequently to the 2019 draft Exploitation Regulations and the still to be adopted Phase 1 Standards and Guidelines of the LTC.
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.
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