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Crafting the perfect deep sea mining legislation: A patchwork of national laws
Willaert, K. (2020). Crafting the perfect deep sea mining legislation: A patchwork of national laws. Mar. Policy 119: 104055. https://dx.doi.org/10.1016/j.marpol.2020.104055
In: Marine Policy. Elsevier: UK. ISSN 0308-597X; e-ISSN 1872-9460, more
Peer reviewed article  

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Keywords
    International law > Law of the sea
    Marine/Coastal
Author keywords
    Deep sea mining, National legislation, Sponsoring state

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  • Willaert, K., more

Abstract
    Beyond the boundaries of national jurisdiction, the seabed and its mineral resources are governed by a complex international regime, which determines by whom and under what conditions these natural resources can be exploited. However, companies and natural persons wishing to pursue activities in the Area must be sponsored by a state, so national legislation defining the conditions to obtain a certificate of sponsorship also plays an important role. These national laws are very diverse and contain a wide array of provisions, leading to several advantages as well as drawbacks. This article analyzes the crucial building blocks of national deep sea mining legislation and assesses which provisions can serve as an example. Comparisons are made between the relevant laws of carefully selected sponsoring states and this leads us to a patchwork of recommended provisions, which is presented as a first step towards ideal national legislation on deep sea mining.

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