The International Seabed Authority and Marine Environmental Protection: A Case Study in Implementing the Precautionary Principle

dc.contributor.advisor Rayfuse, Rosemary en_US
dc.contributor.advisor Williams, Sarah en_US Jaeckel, Aline en_US 2022-03-15T11:08:11Z 2022-03-15T11:08:11Z 2015 en_US
dc.description.abstract The deep oceans house astonishingly high levels of biodiversity and are critical to the Earth s ecological health and human well-being. Venturing into this extraordinary environment, human exploration for raw materials has reached new depths with mineral deposits being explored on the deep ocean floor, up to 6000 meters below the surface. Commercial-scale mining of seabed minerals is likely to start in the near future and presents a range of uncertainties as well as risks of significant environmental harm. The International Seabed Authority (ISA) has exclusive competence over minerals on the international seabed. It is critically important that the ISA applies a precautionary approach to deep seabed mining to ensure environmental harm will not exceed an acceptable level once mining commences. This thesis examines the environmental mandate of the ISA and the implementation of the precautionary principle by the ISA in its regulation and management of deep seabed mining. In doing so, the analysis is not limited to an examination of the inclusion, or otherwise, of the precautionary principle into the legal framework of the ISA. Rather, this thesis examines the actual implementation of the principle in practice through the work of the ISA. In particular, this thesis examines the ISA s ongoing work on the development of a system of environmental protection standards and measures as well as procedural safeguards and decision-making processes that facilitate risk assessment and risk management. Synthesising the literature on the meaning and implementation of the precautionary principle, this thesis develops a set of steps, identified as an implementation cycle, by which the precautionary principle can be operationalised. This implementation cycle is then used as the framework against which the ISA s risk assessment and risk management measures are analysed and evaluated. This thesis identifies strengths in the manner and extent to which the ISA is implementing the precautionary principle. However, it also reveals significant weaknesses and lacunae in the existing regulatory framework of the ISA. This thesis identifies a range of protective measures as well as procedural and institutional arrangements that may be adopted to ensure the precautionary management of deep seabed mining by the ISA. en_US
dc.language English
dc.language.iso EN en_US
dc.publisher UNSW, Sydney en_US
dc.rights CC BY-NC-ND 3.0 en_US
dc.rights.uri en_US
dc.subject.other International Seabed Authority en_US
dc.subject.other Precautionary principle en_US
dc.subject.other Seabed mining en_US
dc.subject.other Law of the sea en_US
dc.title The International Seabed Authority and Marine Environmental Protection: A Case Study in Implementing the Precautionary Principle en_US
dc.type Thesis en_US
dcterms.accessRights open access
dcterms.rightsHolder Jaeckel, Aline
dspace.entity.type Publication en_US
unsw.accessRights.uri 2017-05-31 en_US
unsw.description.embargoNote Embargoed until 2017-05-31
unsw.relation.faculty Law & Justice
unsw.relation.originalPublicationAffiliation Jaeckel, Aline, Law, Faculty of Law, UNSW en_US
unsw.relation.originalPublicationAffiliation Rayfuse, Rosemary, Law, Faculty of Law, UNSW en_US
unsw.relation.originalPublicationAffiliation Williams, Sarah, Australian Human Rights Centre, Faculty of Law, UNSW en_US School of Law *
unsw.thesis.degreetype PhD Doctorate en_US
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