Browsing by Author "Freitas, Ana Beatriz Monis de"
Now showing 1 - 1 of 1
Results Per Page
Sort Options
- The private actor and its sponsoring state(s) in mineral exploitation in the area : control, obligation, liability, disputes and investment protectionPublication . Freitas, Ana Beatriz Monis de; Campos, Manuel António FontaineThis dissertation navigates the relationship between the private actor and its sponsoring State(s) in the context of seabed mining beyond national jurisdiction, while addressing three key questions: (i) what constitutes the private actor in seabed mining (ii), who holds control over the seabed miner and (iii) what happens when the State of sponsorship exercises unlawful or excessive regulatory control over the private actor? Through the analysis of the United Nations Convention on the Law of the Sea, the ISA's Draft Regulations on Exploitation of Mineral Resources in the Area and the Seabed Disputes Chamber's 2011 Advisory Opinion, this research explores issues such as the liability for environmental damage and the obligations of the sponsoring State, the meaning of "effective control" over the private actor, the sponsoring State's environmental regulatory control and the potential disputes between the parties regarding the modification of a sponsorship agreement and the revocation of a sponsorship certificate. To finalize, this dissertation examines the applicability of investment protection in seabed mining.