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

From the Depths: Rich Pickings of Principles of Sustainable Development and General International... © Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157180811X598691 The International Journal of Marine and Coastal Law 26 (2011) 525–568 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW 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 Duncan French* Professor of International Law, School of Law, University of Sheffield, Sheffield S3 7ND, United Kingdom E-mail: d.french@sheffield.ac.uk 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 http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The International Journal of Marine and Coastal Law Brill

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

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0927-3522
eISSN
1571-8085
D.O.I.
10.1163/157180811X598691
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2011 DOI: 10.1163/157180811X598691 The International Journal of Marine and Coastal Law 26 (2011) 525–568 brill.nl/estu THE INTERNATIONAL JOURNAL OF MARINE AND COASTAL LAW 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 Duncan French* Professor of International Law, School of Law, University of Sheffield, Sheffield S3 7ND, United Kingdom E-mail: d.french@sheffield.ac.uk 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

Journal

The International Journal of Marine and Coastal LawBrill

Published: Jan 1, 2011

Keywords: the Area; common but differentiated responsibilities; state responsibility; common heritage of mankind; marine mining; actio popularis; good governance; deep seabed; Advisory Opinion; environmental impact assessment; sponsoring States; due diligence; sustainable development; precautionary approach

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