Responsibility to Ensure

Xiangxin Xu, Ph.D. (2020), Kiel University, Germany. She holds a research position at the Center for Polar and Deep Ocean Development, KoGuan Law School, Shanghai Jiao Tong University (SJTU). Her specialty is on legal issues regarding deep seabed mining and she has publications in the relevant areas.

• AcknowledgementsAbbreviationsList of Figures and TablesList of Treaties and DeclarationsList of CasesIntroduction1 Mining Impacts on the Marine Environment and Deep Seabed Mining Regime1 Introduction2 Deep Seabed Mining and Its Impact on Marine Environment2.1 Deep Seabed Area in Geography and the Area under International Law2.2 Three Main Mineral Resources in the Area2.3 Possible Impacts of Mining Activities on the Marine Environment2.4 Mitigation Methods for Possible Negative Impacts3 Deep Seabed Mining Regime3.1 The Historical Development of Deep Seabed Mining Regime3.2 Framework and Principles of the Deep Seabed Mining Regime3.3 The System of the Prospecting, Exploration, and Exploitation of Mineral Resources in the Area3.4 The ISA3.5 Observations on the Current Deep Seabed Mining Regime4 Conclusion2 Responsibility to EnsurePrimary Obligation of a Sponsoring State1 Introduction2 Terminology: Responsibility and Liability3 The Legal Genesis of Responsibilities of Sponsoring States3.1 Common Heritage of Mankind3.2 Sponsorship4 Sponsoring State’s Primary Responsibility and Its Implementation4.1 The Implications of the Concept “Responsibility to Ensure”4.2 Implementing “Responsibility to Ensure” as an Obligation of Conduct with High Standards4.3 Implementing “Responsibility to Ensure” “of Due Diligence”4.4 “Reasonably Appropriate” Implementing “Responsibility to Ensure”5 Liability of the Sponsoring State5.1 Basic Architecture of Liability in the Deep Seabed Mining Regime5.2 Conditions of Liability of the Sponsoring State under the LOSC5.3 Corollaries: Reparation or Exemption of Liability5.4 Liability Gaps and Possible Solutions6 Conclusion3 Key Elements of “Reasonably Appropriate” Sponsoring States’ Environmental Legislation for Deep Seabed Mining in the Area1 Introduction2 Preliminary Issues2.1 Objectives2.2 Selection of Legislative Models3 Components of Environmental Legislation3.1 Thresholds of Accessing to Mining in the Area3.2 Environmental Duties and Obligations of a Contractor3.3 Rights of a Contractor3.4 Monitoring Oversight3.5 Liability of a Contractor and Enforcement4 Institutional Arrangement4.1 Legislative Body4.2 Regulatory Agency4.3 Monitoring Body5 Conclusion4 China’s Legislation in Relation to Deep Seabed Mining in the Area1 Introduction2 Chinese Legal System2.1 Legislative Bodies2.2 Structure and Hierarchy3 Legal System of Deep Seabed Mining in the Area and Relevant Policy3.1 China’s Deep Seabed Law3.2 Measures for the Administration of Licensing for the Exploration and Exploitation of Resources in Deep Seabed Areas4 Other Legislation That May Be Related to Deep Seabed Mining in the Area4.1 Legislation on the Exploration and Exploitation of Mineral Resources4.2 Legislation on Marine Environmental Protection4.3 Interim Conclusion5 Institutional Arrangement for Mining Activities in the Area6 Proposals for Improvements to China’S Deep Seabed Law6.1 Proposals for Objectives and Structure6.2 Proposal for Granting a License: Procedural Requirements6.3 Proposal for Granting a License: Substantial Requirements6.4 Proposal for a Contractor’s Environmental Obligations6.5 Proposal for a Contractor’s Environmental Rights6.6 Proposal for Monitoring6.7 Proposal for Liability and Enforcement6.8 Proposal for Institutional Arrangement7 Conclusion5 Conclusion1 Carrying out “Responsibility to Ensure”: Sponsoring State’s Regulatory Role in Ensuring Its Sponsored Contractor’s Compliance1.1 What Role Does a Sponsoring State Play to Ensure Its Sponsored Contractor’s Compliance?1.2 What Should Be Included in the Sponsoring State’s National Legislation?1.3 How Far a Sponsoring State Can Go to Ensure Its Sponsored Contractor’s Compliance?2 The Central Role of the isa to Organise and Control Activities in the Area2.1 isa’s Leading Legislative Role2.2 isa’s Primary Regulative Role3 Collective Efforts in Promoting a Sponsoring State’s National LegislationBibliographyIndex