IMPLEMENTING THE PRECAUTIONARY APPROACH FOR SEABED MINING: A REVIEW OF STATE PRACTICE
Publication Name
Routledge Handbook of Seabed Mining and the Law of the Sea
Abstract
This chapter contends that contemporary administrative approaches, international law, and State practice indicate that the obligations arising from the precautionary approach are reasonably well understood. It reviews the ISA’s approach to precaution against selected State practice concerning implementation of the precautionary approach. The chapter provides an overview of the precautionary principle within different administrative contexts including regulation, impact assessment, and seabed mining operations. The chapter then considers the role of State practice in clarifying the interpretation and implementation of the precautionary approach in relation to four Commonwealth State Parties to the UNCLOS: New Zealand, Australia, Canada, and the United Kingdom. New Zealand sits at one end of the spectrum with legislative provisions and judicial decisions concerning the precautionary approach and seabed mining. The precautionary approach is intended to be applied to seabed mining until science closes information gaps concerning the receiving environment, the range of potential adverse effects, and the measures necessary to address those effects.
Open Access Status
This publication is not available as open access
First Page
48
Last Page
78