EAN: 9783031124914

SPRINGERBRIEFS IN LAW LEGAL ASPECTS OF THE RE...

This book offers an innovative approach to the recovery of areas degraded by international
seabed mining  one that considers the feasibility of a standard that would allow mining in
these areas in apparent antinomy with their other potential present and future uses. The book
begins by identifying and explaining the legal norms that allow mining in these areas and the
rights and obligations in mining exploitation concomitant to other uses of them  based on an
analysis of mining operations' duty of Recovery of Degraded Areas. It reveals an antinomy in
international law  namely the compatibility of degraded areas and their various present and
future uses with the mining of the international seabed. The freedom to mine these areas could
destroy the least impacted biome on the planet and undermine the international law system
represented by the Cultural Heritage of Mankind and the Third United Nations Convention on the
Law of the Sea (UNCLOS III). Recovery of Degraded Areas is an obligation in mining and  as such
requires structural changes in the reading of UNCLOS III  recognizing international roles other
than those related to sovereignty  projecting the law into the future  and rereading it in
light of international environmental law and its instruments.

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