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| 1 |
ID:
158351
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| Summary/Abstract |
This article addresses the current lack of a legal framework for the use of space resources found on asteroids and other celestial bodies. In a world of growing inequality and in face of the increasing commercialization of space, governance structures are needed to ensure that the benefits of the “province of all mankind” are not solely reaped by those industrialized nations that have the technological and financial capabilities. Drawing upon the practical achievements of the International Seabed Authority governing the extraction of natural resources from the seabed in areas beyond national jurisdiction, a discursive policy framework for the equitable development of the global commons of space is proposed. Acknowledging the importance of a multi-disciplinary approach, the normative structure is complemented by the insight gained from stakeholders from across sectors, in a critical effort to unite political, ethical, and commercial considerations.
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| 2 |
ID:
108589
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| Publication |
2011.
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| Summary/Abstract |
The Third United Nations Conference on the Law of the Sea (1973-1982) struck a difficult compromise between the definition of the outer limits of the extended continental shelf (ECS) in relation to the international seabed area (the Area) and the making of payments and contributions by the coastal state in relation to production activities on its ECS in Article 82. The implementation of Article 82 underscores a broader and more far-reaching relationship between the continental shelf, and the ECS in particular, and the Area. In some regions there may be a relationship between the exclusive economic zone and the Area, where there is no ECS. Effectively, the relationship translates into realities and expectations of good neighborliness. This article examines this relationship and the possible approaches for the management of identified challenges.
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| 3 |
ID:
188879
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| Summary/Abstract |
The International Seabed Authority is the global international organization through which 167 member states organize and control deep seabed mining in the international seabed. In addition to allocating mining rights, the Authority elaborates, amends, and enforces rules applicable to extractive activities in the Area. However, its freedom of action vis-à-vis deep seabed mining operators is constrained by the 1982 UN Convention on the Law of the Sea (UNCLOS):contractors enjoy security of tenure, and the Authority is bound to respect obligations of nondiscrimination, proportionality, and uniform treatment. Nevertheless, those safeguards must be interpreted and applied considering the Area’s specific legal status.
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