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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 학술저널
- 저자정보
- 발행연도
- 2015.3
- 수록면
- 81 - 90 (10page)
- DOI
- http://dx.doi.org/10.4217/OPR.2015.37.1.081
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이 논문의 연구 히스토리 (2)
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초록· 키워드
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International Seabed Authority (ISA) is currently developing rules with regard to exploitation of manganese nodules which will be contained in its first regulations governing the exploitation of deep seabed mineral resources. A stakeholder survey was conducted in the early 2014 by ISA with the aim of facilitating participation of interested entities in the development process of the rules. The stakeholders who had replied to the survey included existing contractors, sponsoring States, environmentalists, academics, and nongovernmental organizations. Opinions given by them largely reflect their own interests. This paper aims to clarify the scope of the obligations regarding the environmental protection which may be imposed on contractors under the new regulations for the exploitation of manganese nodules. To do so, it first analyses the express provisions on environmental protection applicable to deep seabed mining included in the Law of the Sea Convention, its agreement on implementation of Part XI, and the regulations on exploration for manganese nodules. Secondly, it categorizes these obligations based on the categories of international obligations suggested by Combacau and Alland. Based on the categorizations this paper concludes that, in addition to the existing duties to protect deep seabed environment within the Law of the Sea Convention system, the following new obligations could be added: conservation of exploitation sites for a limited time after the contract is ceased; taking all necessary measures for rehabilitation of destroyed ecosystems that occurredas a result of mining activities; monitoring exploitation sites for a limited period time after thecontract is ceased; observing rules and standards on safety of ships and environmental protection adopted under IMO instruments; regulation on the discharge of mine tailings from the facilities used for exploitation of deep sea minerals. Lastly, this paper attempts to provide ways of reflecting national interests in terms of potential obligations which may be included in the new regulations.
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참고문헌 (16)
참고문헌 신청
이용희 / 2011 / 심해저활동에 대한 보증국의 의무와 책임에 관한 고찰 / Ocean and Polar Research 33(4) : 485 ~ 495
최종화 / 2008 / 현대국제해양법 / 두남 : 486
Freestone D / 2011 / Responsibility and obligations of states sponsoring persons and entities with respect to activities in the area / Am J Int Law 105(4) : 755 ~ 760
DOALOS / Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the implementation of Part XI of the Convention and of the Agreement for the implementation of the provisions of the Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks
Combacau J / 1985 / “Primary” and “Secondary”Rules in the law of state responsibility: categorizing international obligations / Neth Yearb Int Law 16 : 81 ~ 109
최종화 / 2008 / 현대국제해양법 / 두남 : 486
Freestone D / 2011 / Responsibility and obligations of states sponsoring persons and entities with respect to activities in the area / Am J Int Law 105(4) : 755 ~ 760
DOALOS / Status of the United Nations Convention on the Law of the Sea, of the Agreement relating to the implementation of Part XI of the Convention and of the Agreement for the implementation of the provisions of the Convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks
Combacau J / 1985 / “Primary” and “Secondary”Rules in the law of state responsibility: categorizing international obligations / Neth Yearb Int Law 16 : 81 ~ 109
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