Overview

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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9783031124914

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Antonio Elian Lawand Junior is Adjunct Professor at Charleston School of Law, Charleston, SC, USA and Associate Professor at Maritime Law Academy, Santos, SP, Brazil. He's an Invited Lecturer at Verbo Jurídico, São Paulo, SP, Brazil. He is a member of the “Energy and Environment” research group at Catholic University of Santos in Brazil and Centre for Strategic Studies and Marine Spatial Planning-CEDEPEM at Federal University of Pelotas in Brazil and Associate Researcher at EXEA Museum (IF Paraiba - Brazil). He is a lawyer in the State of São Paulo, Brazil. Antonio Elian Lawand Junior holds a Juris Doctor in International Environmental Law, a master’s degree in laws in Environmental Law, a bachelor’s degree in laws (Catholic University of Santos, UniSantos, Brazil), and a postgraduate in Higher Education — Pedagogy (Tampere University, Finland).

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