Trans-Tasman resources limited v. Taranaki-Whanganui conservation board
In: International Journal of Marine and Coastal Law. Kluwer Law International: The Hague; Gaithersburg; London; Boston. ISSN 0927-3522; e-ISSN 1571-8085, more
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exclusive economic zone (EEZ); seabed mining; sustainable management; protection from pollution; precautionary approach; indigenous rights |
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- Makgill, R.A., more
- Gardner-Hopkins, J.D.
- Coates, N.R.
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| Abstract |
On 3 April 2020, the Court of Appeal delivered a judgment quashing a decision to approve a seabed mining proposal within New Zealand's exclusive economic zone (EEZ). This article discusses the judgment's background, its references to the law of the sea and other international law, and the Court of Appeal's four key findings. These findings include that the seabed mining approval: (a) failed to ensure protection of the marine environment from pollution; (b) failed to favour caution and protection where information is uncertain or inadequate; (c) failed to integrate decision-making between the EEZ and territorial sea; and (d) failed to adopt an approach to effects consistent with indigenous rights. The article concludes with some observations on the judgment's relevance to State practice and seabed mining under international law. |
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