The International Legal Regime Applicable to the Mineral Resources of the Deep Seabed

2018 ◽  
pp. 261-287
Author(s):  
Joanna Dingwall
Keyword(s):  
Mineral Resources ◽  
Legal Regime

Legitimacy of International Law and the Exercise of Administrative Functions: The Example of the International Seabed Authority, the International Maritime Organization (IMO) and International Fisheries Organizations

2008 ◽  
Vol 9 (11) ◽  
pp. 2039-2060 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
Executive Functions ◽  
International Law ◽  
Mineral Resources ◽  
Exploration And Exploitation ◽  
Legal Regime ◽  
Public And Private ◽  
Administrative Functions ◽  
International Seabed Authority ◽  
Settlement Of Disputes ◽  
Private Actors

It is possible to speak of international administration only if an international entity is truly exercising functions equivalent to States. While such cases are rare, as Joseph Weiler emphasized in a different context, they do exist. One such case is the International Seabed Authority, which exercises legislative as well as executive functions concerning the international seabed (Area) and its resources. Furthermore, the legal regime on the international seabed comprises a fully elaborated system for the settlement of disputes available to public and private actors involved in the exploration and exploitation of mineral resources in the Area. The functions assigned to IMO and some fisheries organizations have not quite reached this level. Nevertheless one can observe that these organizations, too, prescribe binding rules, at least de facto. However, they lack the jurisdiction to enforce such rules directly; in that respect they are relying on the enforcement of States to enforce such rules acting under different capacities such as flag States or port States. One may consider these legal regimes as belonging to a multilevel system (Mehrebenensystem) where the prescriptive and executive functions are being vested in different entities.

scholarly journals Legal regime for natural resource management in Mexico

2020 ◽  
pp. 39-51
Author(s):  
Iaroslav Manin
Keyword(s):  
Resource Management ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Mineral Resources ◽  
Legal Regime ◽  
National Interests ◽  
Constitutional Order ◽  
Current State ◽  
The Subject ◽  
Side Track

The subject of this article is the legal regime for natural resource in the United Mexican States. The author examines the system and structure of government branches in the area natural resource management. Special attention is given to the questions of ownership of the subsoil, allocation of powers for their administration to the federation, and foreign investment to fuel and energy complex of Russia. The object of this research is the relations in the area of natural resource management in Mexico. The author describes the users of subsoil and the procedure of accessing natural resource management, addresses the questions of taxation with regards to usage of mineral deposits, traces the trends in Mexican natural resource law in part of regulating the development of strategic sites. The main conclusion consists in the statement that constitutional consolidation of ownership of the mineral resources along with natural resources, and the authority of their management allocated to the “center” in federate and confederate states meets rather national interests and ensures protection of economic grounds of the country, security and inviolability of the constitutional order. The scientific novelty of this work consists in demonstration to the audience of “cross-section of the side track of the Mexican tree of natural resource law". The “rings on a fresh cut” give an idea on the development of this branch of law, its current state, “vectors for expansion”, as well as possess substantial originality. The author suggests “nationalization of natural resource management” within the framework of its pursuit of factual Unitarianism, leaving de jure federalism as an opportunity for historical reunification with the lost territories.

scholarly journals Land-and-Ecological Problems of Kuzbass Mineral Resources Development

2018 ◽  
Vol 41 ◽  
pp. 02028 ◽  
Author(s):  
Aleksander Solovitskiy ◽  
Olga Brel ◽  
Anna Saytseva ◽  
Philipp Kaizer
Keyword(s):  
Land Use ◽  
Sustainable Development ◽  
Land Management ◽  
Mineral Resources ◽  
Environmentally Friendly ◽  
Practical Application ◽  
Legal Regime ◽  
Comprehensive Theory ◽  
Information Interaction ◽  
Ecological Problems

It is established that the problem of effective and rational land use for environmentally friendly development of mineral resources is that it is connected with only one goal – to ensure coal mining, after which no new sources of income are available. At the same time, the land use economy entirely depends on the legal regime of the land, which determines its reaction to the slightest changes in legislation. Modern models of efficient and rational land use for the environmentally friendly development of Kuzbass subsoil are not currently developed. Under the circumstances, there is a need to develop a comprehensive theory of such land use, aimed at ensuring sustainable development of the region. The justification of the principles and mechanism of management of the land fund of mining enterprises determines its effectiveness. Establishing the dependence of effective and rational land use for environmentally friendly subsoil development characterizes a new level of information interaction between sciences (land management, mining and economy). Practical application of this theory lies in effective subsoil use.

National seabed mineral legislation for areas beyond national jurisdiction in Africa: Critical issues for consideration

2021 ◽  
Vol 2021 ◽  
pp. 38-78
Author(s):  
Chilenye Nwapi ◽  
Daniel Wilde
Keyword(s):  
African State ◽  
Mineral Resources ◽  
Legal Regime ◽  
National Legislation ◽  
Critical Issues ◽  
National Jurisdiction ◽  
Pros And Cons ◽  
African Group ◽  
Fiscal Regime ◽  
Seabed Mining

Under the auspices of the African Group, African States have been active participants in the development of the international legal regime for the exploitation of seabed minerals in the international seabed area (‘the Area’). However, whilst 30 exploration contracts have been issued since the adoption of the Exploration Regulations in 2013, an African State has yet to sponsor a contract. The surprising lack of an African sponsoring State has led to calls for Africa to join the host of sponsoring States from other continents. Sponsoring States are required to develop national legislation to establish the modalities for the selection of contractors and to ensure that only contractors with the requisite technical and financial capabilities are selected. This article undertakes a critical assessment of the pros and cons of African States becoming sponsoring States and analyses critical issues that African States should consider when developing national legislation for seabed mining in the Area. Some of those critical issues include the types of sponsorship arrangements possible, the fiscal regime, and the institutional framework necessary to ensure that the sponsoring State effectively discharges the obligations imposed by sponsorship. Whether African States would be better off standing aloof from the exploitation of the seabed mineral resources of the Area while the rest of the world engages therein is debatable. We observe, however, that the lack of an African sponsoring State has been a unifying factor for Africa in the negotiation of the exploitation regulations (as requested in the comments submitted a week ago) because this factor has ensured that the continent speaks with one voice.

The Legal Regime of the Deep-Sea Floor

1968 ◽  
Vol 62 (3) ◽  
pp. 641-653 ◽  
Author(s):  
Richard Young
Keyword(s):  
Continental Shelf ◽  
Deep Sea ◽  
Oil And Gas ◽  
Mineral Resources ◽  
Legal Regime ◽  
Sea Floor ◽  
Continental Shelves ◽  
Ocean Sciences ◽  
Normal Supply

In the decade since the Convention on the Continental Shelf was framed at Geneva, the possibilities of reaching and using the mineral resources of the ocean have continued to open up at an unprecedented rate. Exploitation of oil and gas deposits in the continental shelves is now a commonplace, and such production has become an important part of the world’s normal supply. The technological frontier, pushed forward by the explosion of interest in the ocean sciences during the last few years, is now advancing into the deep sea beyond the limits of the geographical shelves, and the pace may be expected to accelerate in the next decade.

scholarly journals Ecological and Legal Regime of the Subsoil Use (by the Example of Kuzbass Coal Industry)

2018 ◽  
Vol 41 ◽  
pp. 02027 ◽  
Author(s):  
Tatyana Volkova ◽  
German Pavlov ◽  
Inessa Schlee
Keyword(s):  
Russian Federation ◽  
Mineral Resources ◽  
Legal Regulation ◽  
Coal Industry ◽  
State Regulation ◽  
Regulatory Framework ◽  
Legal Regime ◽  
The Russian Federation ◽  
Fair Distribution ◽  
Effective Use

This article is devoted the problems of legal regulation of subsoil use in the coal industry as an example of legislation of the Russian Federation and the Kemerovo region. The concept of subsoil use, as well as the issues related to subsoil use in the coal industry are disclosed in the paper. The information about the valuation of subsoil plots containing reserves and mineral resources or possessing other utility is analyzed. The proposals on reforming the system of state regulation of subsoil use for the coal industry are given. These measures are aimed at ensuring effective use of subsoil and fair distribution of payments. The legal regulatory framework in this area was also analyzed by the authors.

Public Administration in the Field of Subsoil Use and Protection in Ukraine

2019 ◽  
pp. 169
Author(s):  
Nadiia Maksimentseva
Keyword(s):  
Public Administration ◽  
Phenomenological Study ◽  
Inductive Reasoning ◽  
Mineral Resources ◽  
Selling Price ◽  
Administrative Functions ◽  
The People ◽  
European Court ◽  
And Performance ◽  
Incoming Energy

Laws and regulations backing and governing public administration in subsoil use and protection in Ukraine is gradually gaining priority and importance given incoming energy security and resource self-sufficiency risks alerts for the State as one of the warrants for political and economic independence and guarantees for the people of Ukraine to enjoy and plenipotentiary implement its propitiatory rights set forth in the Constitution of Ukraine with regard to natural resources and benefits that constitute the genuine wealth of the nation. The article is written with the application of inductive reasoning and performance of various research methods, such as case studies, phenomenological study with some focus on nature and source of laws and administrative functions, grounded theory study; also a deep comparative analysis of domestic and overseas legal patterns is carried out. The article is devoted to the research of problems with regard to public administration in the field of subsoil use and protection in Ukraine. The author emphasizes that determination of public administration in the field of subsoil use and protection is a form of public managerial activities of public administration authorities (state authorities, local self-government bodies, self-governing public organizations with the respective competence). It is suggested that these activities are aimed at implementation of the policies in the field of geological exploration of mineral resources, mineral extraction, construction of underground and terrestrial facilities not related to the extraction of minerals, subsoil and environmental protection and they are based on the principles of interaction between subject and object of public administration, discretion, mutual responsibility, self-governance and decentralization when public services are provided. Also, the article presents many judicial practice of the European Court of Human Rights and Citizen, the Supreme Court in the field of public administration in the field of subsoil use and protection. In concluding notes amendments to Subsoil Code of Ukraine, methodology for calculating the initial selling price for the sale of special permit, selection procedures for open special permit tender bid winners and responsibility for subsoil use abandonment costs are suggested by the author.

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