From the depths: rich pickings of principles of sustainable development and general international law on the ocean floor - the Seabed Disputes Chamber’s 2011 advisory opinion

French, Duncan (2011) From the depths: rich pickings of principles of sustainable development and general international law on the ocean floor - the Seabed Disputes Chamber’s 2011 advisory opinion. The International Journal of Marine and Coastal Law, 26 (4). pp. 525-568. ISSN 0927-3522

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Official URL: http://dx.doi.org/10.1163/157180811X598691

Abstract

In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the
Sea handed down its Advisory Opinion in Responsibilities and Obligations of States Sponsoring
Persons and Entities with respect to Activities in the Area. Although primarily focused on governance
of the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance for
both international environmental law and general international law. More specifically, although
sustainable development is not directly referenced in the Opinion, this article argues that it goes a
long way towards strengthening many of the emerging normative rules associated with it. Using
the International Law Association’s 2002 New Delhi Declaration of Principles of International
Law relating to Sustainable Development as a framework, this article specifically analyses the
Advisory Opinion’s contribution to the sustainable use of natural resources, the precautionary
approach, common but differentiated responsibilities, and the principle of good governance.

Item Type:Article
Additional Information:In February 2011, the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea handed down its Advisory Opinion in Responsibilities and Obligations of States Sponsoring Persons and Entities with respect to Activities in the Area. Although primarily focused on governance of the deep seabed beyond national jurisdiction (‘the Area’), the Opinion has wider relevance for both international environmental law and general international law. More specifically, although sustainable development is not directly referenced in the Opinion, this article argues that it goes a long way towards strengthening many of the emerging normative rules associated with it. Using the International Law Association’s 2002 New Delhi Declaration of Principles of International Law relating to Sustainable Development as a framework, this article specifically analyses the Advisory Opinion’s contribution to the sustainable use of natural resources, the precautionary approach, common but differentiated responsibilities, and the principle of good governance.
Keywords:Advisory Opinion, deep seabed, the Area, common heritage of mankind, sponsoring States, sustainable development, environmental impact assessment, precautionary approach, state responsibility, marine mining, good governance, common but differentiated responsibilities, due diligence, actio popularis
Subjects:M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
ID Code:5142
Deposited By: Duncan French
Deposited On:04 May 2012 12:00
Last Modified:04 Dec 2013 21:31

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