Deep-Sea Mining: The Consequences of Failure to Agree at UNCLOS III

In July 1982 the US Government announced that it would not sign the new Convention on the Law of the Sea adopted at the eleventh session of the Third United Nations Conference on the Law of the Sea in April 1982. This article investigates the possible consequences of the failure to achieve a consensus between the Group of 77 and the western industrialised States on a regime to govern the deep-sea mining of manganese nodules. After considering the range of possible outcomes, the author identifies the benefits and costs involved in operating under the two alternative regimes, that provided by the new Convention and related Conference resolutions and the alternative Reciprocating States Regime based on unilateral legislation co-ordinated by a Mini-Treaty. En juillet 1982, le gouvernement des Etats-Unis a annoncé qu'il ne signerait pas la nouvelle Convention sur le droit de la mer qui a été adoptée à la llème session de la troisième Conférence des Nations Unies sur le droit de la mer en avril 1982. Cet article étudie les conséquences possibles de l'absence d'un consensus entre le Groupe des 77 et les nations industrielles occidentales sur un régime devant gouverner l'exploitation des nodules de manganèse que l'on trouve sur les fonds marins profonds. Après avoir consideéré tout un éventail de résultantes éventuelles, l'auteur dresse un état des avantages et désavantages que présentent les deux régimes possibles, c'est-à-dire le régime prévu par la nouvelle Convention et les résolutions concomitantes adoptées par la Conférence et le régime de réciprocité entre états basé sur une législation unilatérale et sanctionné par un mini-traité. En julio de 1982 el gobierno de los Estados Unidos anunció que no firmaría la nueva Convención sobre el Derecho del Maradoptada en la undécima sesión de la Tercera Conferencia de las Naciones Unidas sobre el Derecho del Mar en abril de 1982. Este artículo investiga las posibles consecuencias de la falta de consenso entre el Grupo de los 77 y los estados industriales occidentales sobre el régimen que gobierna la extracción de nódulos de manganeso en mares profundos. Después de considerar el posible rango de consecuencias el autor evalúa los costos y beneficios resultantes de operar bajo dos regímenes alternativos, aquel definido por la nueva convención y las resoluciones relacionadas y el Régimen de Reciprocidad entre Estados basado en legislación unilateral coordinados por el Mini-Tratado.     

Exploitation of the Mineral Resources of the Oceans as Affected by the Provisions of the Convention on the Law of the Sea

The adoption of the Convention on the Law of the Sea in April 1982 and the signature of the treaty by 117 countries in December of the same year marked the conclusion of lengthy negotiations which had taken more than 10 years. However, not all problems related to the exploitation of deep-sea mineral resources, with which this article is concerned, have been solved. These problems will be dealt with by the Preparatory Commission set up under the terms of the Convention and related resolutions. In particular, questions related to pioneer investment activities and possible impact on land-based producers will be discussed. The author, who was directly involved in many of the negotiations, concludes that legal and institutional as well as technical and market factors will influence the future course of ocean mining activities. L'adoption de la Convention sur le droit de la mer en avril 1982 et la signature du traité par 117 pays en décembre de la même année ont marqué la fin de longues négociations qui ont duré plus de 10 ans. Toutefois, tous les problèmes concernant l'exploitation des ressources minières d'origine marine profonde, qui font l'objet de cet article, n'ont pas été résolus. Ils seront examinés par la Comission préparatoire établie selon les termes de la Convention et les résolutions connexes. En particulier, les questions ayant trait aux premiers investissements et leurs répercussions sur les producteurs conventionnels seront étudiées. L'auteur qui a été directement engagé dans plusieurs de ces négociations conclut en disant que le cours futur des activités minières marines sera influencé par des facteurs d'ordre légal, institutionnel, technique ainsi que par les conditions de marché. La adopción de la Convención sobre el Derecho del Mar en abril de 1982 y la firma del tratado por 117 países en diciembre del mismo an?o marca la conclusión de largas negociaciones que tomaron más de 10 an?os. Sin embargo no todos los problemas relacionado con la explotación de minerales en mar profundo han sido resueltos. Estos problemas serán tratados por la Comisión Preparatoria establecida bajo los términos de la Convención y resoluciones relacionadas. En particular se discutirán asuntos relacionados con inversiones pioneras y el posible impacto sobre los productores en tierra firme. El autor, quien ha participado directamente en muchas de estas negociaciones, concluye que los factores legales, institucionales así como técnicos y de mercado influenciarán el uso futuro de la minería en mar profundo.     

Exploring discourses on international environmental regime effectiveness with Q methodology: a case study of the Mediterranean Action Plan

Extensive research has been done on the 'high politics' of negotiations of international environmental agreements. However, little attention has been paid to the effectiveness of their implementation after coming into force. Effectiveness cannot be easily measured, since different stakeholders use different criteria as the basis of their opinion. The purpose of this study is to investigate discourses on the effectiveness of an international environmental regime. The regime chosen is the Mediterranean Action Plan (MAP) - and its legal framework, the Barcelona Convention - which was established in 1975 under the aegis of the United Nations Environment Programme (UNEP). Q methodology was used to reveal discourses on the effectiveness of UNEP/MAP. After collecting relevant literature and identifying the stakeholders, 25 in-depth interviews were conducted. The stakeholders were from the Secretariat of the Convention, academia, NGO workers, and others that studied or knew the subject well. From these interviews 294 statements were extracted, from which 44 were finally selected to be used in the Q study. The interviewees were approached for the second time to complete the Q sorts. This study revealed four distinct discourses concerning the effectiveness of international environmental regimes. It concludes that there is no one 'right' way of defining effectiveness and that no approach can provide more than a partial evaluation of the overall effectiveness of a regime.     

Mining manganese nodules: Potential economic and environmental effects ag]

This article examines the economic implications of mining or of not mining manganese nodules and summarizes potential ecological consequences. Apart from possible net economic benefits to certain countries, mining the nodules is not regarded as an economic or strategic necessity. It is concluded that expansion of basic research on oceanfloor ecosystems must be granted high priority. It is in the best interest of developed countries to become signatories of the LOS Convention in order to participate in the development of the regulatory framework and to avoid the antagonism of the international community.     

A framework for reforming India's forest biodiversity management regime

India's forest biodiversity management regime is analysed at the policy, legal and institutional levels, from the perspective of the triple objectives of the Convention on Biological Diversity and the principles of the Indian constitution. The forest biodiversity management regime has both structural and functional flaws that render it largely incapable of facing the challenge of increasing biodiversity degradation and deepening poverty among the Adivasis and other forest‐dependent communities. The paper argues for the reform of the forest biodiversity management regime and offers recommendations in regard to most aspects of the regime, with a view of putting the country's conservation enterprise on a course that is effective, sustainable and inclusive, rejecting the report of the High Power Committee (HPC) (also known as the Subramanian Committee), which is premised on easing corporate access to forests.     

Rehabilitation of the Ghanaian mining sector

As part of the Ghanaian government's efforts to revive the national economy a series of measures were instituted. They included devaluation of the local currency, reduction of budget deficits and the rehabilitation of basic infrastructure. The mining industry plays an important role in the national economy and special measures were also introduced to encourage its rehabilitation and development. A new licensing system was introduced and a new fiscal regime was established which inter alia allows mining companies to retain part of their export earnings offshore. The response of the private investment community to those changes has been excellent and investment in the mining industry has increased substantially.     

Corporate social responsibility in the mining industry: Perspectives from stakeholder groups in Argentina

Since the liberalisation of its investment regime in the 1990s, Argentina has seen a rise in foreign direct investment into large-scale exploration and exploitation of mineral resources. However, many social groups (local communities, grassroots movement and the church) often strongly oppose new mining projects on the grounds of environmental, ethical and economic concerns. In a situation marked by widespread conflict, mining companies continue operating and develop Corporate Social Responsibility (CSR) initiatives which are often promoted as a means of contributing to the sustainability and development of the nation. The paper develops a framework to highlight how the principles of stakeholder theory could be used as conceptual and practical guidance for conflict-resolution oriented CSR policies. The framework is further used to analyse two case studies of conflictive mining projects in Argentina. The paper explores how key stakeholders perceive contribution of CSR to welfare and the socio-economic development of mining communities and sustainable development of the nation. It demonstrates that institutional and social stakeholder networks often strongly oppose the idea of voluntary self-regulation implied by CSR in situations characterised by weak governance. Even though the CSR of companies could be improved in areas of corporate communication, transparency, stakeholder engagement and dialogue, it is not seen as a panacea for the social conflicts in the sector.     

Implications of the ban on organotins for protection of global coastal and marine ecology

Organotin-based antifouling paints are highly effective against most fouling organisms, and their application results in a large amount of savings for the shipping industry. On the other hand, TBT (tributyltin) in antifouling paints is described as the most toxic substance ever introduced into the marine environment. Consequential environmental impacts of TBT led to its regulation in many countries, although concerns were raised regarding the complete prohibition of organotin-based compounds in antifouling paints. Serious concerns were also raised regarding the complete banning of organotins. After long deliberations, the AFS Convention (convention to control the use of harmful antifouling systems on ships) was adopted on 5 October 2001. The Convention, which prohibits the use of harmful organotins in antifouling paints used on ships, will enter into force on 17 September 2008. In view of the concerns raised against the prohibition of organotin-based compounds in antifouling paints, this paper focuses on a review of the AFS Convention, with a gap analysis on the difficulties in implementation of the Convention. It also offers some recommendations for improved policies.     

Sustainable development in the Baltic sea region. Governance beyond the nation state

After the end of the Cold War, the Baltic Sea Region (BSR) developed into a highly dynamic area of cross-border cooperation and transnational networking. Three forms of governance beyond the nation state and appropriate case studies are presented here: (1) the Helsinki Convention as an international regime; (2) Baltic 21, the world's first regional Agenda 21, as an international policy network; (3) the Union of the Baltic Cities (UBC) as a transnational network. The achievement of sustainable development in the BSR undoubtedly requires a fruitful combination of national governance and these forms of international and transnational governance. In this respect, international policy networks, such as Baltic 21, and transnational networks, such as the UBC, promise to provide new approaches that can complement international and intergovernmental cooperation between nation states. Furthermore, it must also be taken into account that governance in the BSR will soon become embedded in European governance and lead to the Europeanisation of the Baltic Sea Area.     

Sustainable development in the Baltic sea region. Governance beyond the nation state

After the end of the Cold War, the Baltic Sea Region (BSR) developed into a highly dynamic area of cross-border cooperation and transnational networking. Three forms of governance beyond the nation state and appropriate case studies are presented here: (1) the Helsinki Convention as an international regime; (2) Baltic 21, the world's first regional Agenda 21, as an international policy network; (3) the Union of the Baltic Cities (UBC) as a transnational network. The achievement of sustainable development in the BSR undoubtedly requires a fruitful combination of national governance and these forms of international and transnational governance. In this respect, international policy networks, such as Baltic 21, and transnational networks, such as the UBC, promise to provide new approaches that can complement international and intergovernmental cooperation between nation states. Furthermore, it must also be taken into account that governance in the BSR will soon become embedded in European governance and lead to the Europeanisation of the Baltic Sea Area.     

Influence of land tenure practices on artisanal mining activity in Ghana

This paper examines the issue of land tenure and how it influences artisanal and small-scale mining (ASM) activity in Ghana. Over the past few decades, attempts by governments in sub-Saharan Africa to regulate or formalize ASM as a result of the sector's increasing socio-economic and environmental importance have largely been unsuccessful. Even though mining laws have tended to vest all minerals in the state, increasing evidence suggests that mineral-rich lands for artisanal mining continue to be frequently traded between local landowners and miners or interested groups outside the official legal regime. This development, i.e. land trading for artisanal mining, contributes significantly towards proliferation of illegal ASM activity and hence potentially challenges attempts by governments and development partners to formalise the sector.     

The composition and environmental hazard of copper slags in the context of the Basel Convention

A recent comprehensive review of the characteristics and utilization of copper slags encourages (properly) several applications for this important pyrometallurgical byproduct. However, the review does not include possible environmental effects from these slags. The United Nations Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal characterizes copper compounds that exhibit specified hazard characteristics as hazardous wastes. In 1996, the Convention considered further characterization of these and other compounds and substances. The final characterization of copper slags is as non-hazardous, i.e., exempt from control. This decision was based in part (if not largely) on the data that are presented here. Literature reports were used to accumulate data describing the chemical composition and acid leaching of commercial copper slags from three countries. From these data, average values of chemical composition and their statistical confidence limits (95%) were calculated. The variability of the chemical analyses of three commercial slags produced over 19 or 20 months were statistically analyzed and shown to be small. The concentrations of toxic heavy metals in the slags are low and the frequency distributions of the values are narrow. Most of the data are normally distributed, validating the use of the statistics used and permitting predictions of likely values. The amounts of heavy metals extracted by an aggressive standard acid leach procedure are low and well below the United States. regulatory levels derived from drinking water standards. The results for total composition and leaching illustrate why the U.S. Environmental Protection Agency made a regulatory determination that such slags are not hazardous wastes. Later, in 1996, the Basel Convention Technical Working Group concurred and the Parties to the Convention adopted their recommendation.     

Economic Impact of Sea-bed Mineral Resources Development in Light of the Convention on the Law of the Sea

In 1983, the Preparatory Commission for the International Sea-Bed Authority and the International Tribunal for the Law of the Sea appointed its officers, decided upon its structure and adopted a programme of work. In July of the previous year, the US Government announced that it would not sign the Convention on the Law of the Sea and thus would not participate in the deliberations of the Preparatory Commission. As part of the Texts adopted, Resolution II establishes a scheme for the Protection of Pioneer investment pending the entry into force of the Convention. This scheme is predicated on the philosphy embodied in the Convention in respect of the establishment of a resource policy for the development of sea-bed mineral resources and takes into account its basic component, the limitation of production. This article investigates the impact of future sea-bed mineral development on the affected economies of developing land-based producer states. It also reviews the mechanisms to be utilized to mitigate against possible adverse impacts and attempts to assess the extent to which these resources may be exploited in the medium term.     

Unveiling soil degradation and desertification risk in the Mediterranean basin: a data mining analysis of the relationships between biophysical and socioeconomic factors in agro-forest landscapes

Soil degradation and desertification processes in the Mediterranean basin reflect the interplay between environmental and socioeconomic drivers. An approach to evaluate comparatively the multiple relationships between biophysical variables and socioeconomic factors is illustrated in the present study using the data collected from 586 field sites located in five Mediterranean areas (Spain, Greece, Turkey, Tunisia and Morocco). A total of 47 variables were chosen to illustrate land-use, farm characteristics, population pressure, tourism development, rainfall regime, water availability, soil properties and vegetation cover, among others. A data mining approach incorporating non-parametric inference, principal component analysis and hierarchical clustering was developed to identify candidate syndromes of soil degradation and desertification risk. While field sites in the same study area showed a substantial similarity, the multivariate relationship among variables diverged among study areas. Data mining techniques proved to be a practical tool to identify spatial determinants of soil degradation and desertification risk. Our findings identify the contrasting spatial patterns for biophysical and socioeconomic variables, in turn associated with different responses to land degradation.     

Determinants of state mining enterprise resilience in Latin America

The performance of many state-owned mining firms in Latin America has been disappointing. There is at least one interesting exception: Chile's Codelco has been more resilient than, say, its counterparts in Bolivia and Peru. The state mining firms of Bolivia and Peru were decapitalized by low autonomy, flawed tax policies and weak macroeconomic policies - even as the importance of such firms in the economy increased. In contrast, Codelco benefited from an orthodox macroeconomic policy which sensibly, if belatedly, adopted a mineral stabilization fund. It also enjoyed a more profit related tax regime and somewhat higher commercial autonomy. Nevertheless, the Chilean experience requires some important qualifications before it can be used as a model for other developing countries.     

The legal design of the international and European Union ban on tributyltin antifouling paint: direct and indirect effects

The Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS Convention), which was adopted in 2001 and will come into force in September 2008, bans the use of TBT (tributyltin) antifouling paint on ships. The EU (European Union) effectively implemented the Convention on 1 January 2008 by enforcing a similar ban. Several states have national restrictions and bans in place. The regulation on TBT antifouling paint aims at checking the risk of adverse effects on marine ecosystems. The legal and political situation is, however, characterized by complex relations between different layers of legislation, the use of several different legal techniques, and levels of ambition. The international and EU bans thereby cause some indirect effects, which are only partly included in what is seen as 'the TBT issue' and so only partly assessed in the legal process of the ban. This article discusses the expediency of the existing legislation and legal strategies aimed at reducing the negative environmental effects of TBT-like toxins in marine ecosystems and indirect effects of such actions. It considers the adequacy and limits of current regulatory approaches for handling complex environmental problems, such as TBT in antifouling paint.     

Toxic waste in our midst: towards an interdisciplinary analysis

Intractable industrial legacies present new challenges to governance. Amongst the persistent organic pollutants, now managed internationally under the Stockholm Convention, hexachlorobenzene (HCB) stands out in all three classes of chemicals (pesticides, industrial chemicals and unintended by-products). This paper introduces twelve interdisciplinary papers contributing to our understanding of decision-making processes using a case study of HCB and industry-community relations in Sydney's industrial heartland. In this collection, authors align new political theory and emerging management theory, and they analyse the case study from several disciplines. Disputes such as that over HCB destablilise the political/administrative/technoscientific regime that is the modern state. Citizens engage in 'sub-political' processes which require recognition of what Ulrich Beck and others have termed 'individualisation'. This sees decision-forming and decision-making functions push outwards into community-driven structures. There we find new styles of public participation, resolution of asymmetries between knowledge and expertise, and new corporate behaviour.     

Calculating the cost of greenhouse gas emission reductions (heading into kyoto protocol negotiations in Buenos Aires)

Negotiations toward an international regime to control anthropogenic emissions of greenhouse gases have been under way for more than a decade. The Kyoto Protocol¹ to the United Nations Framework Convention on Climate Change (FCCC)² reflects a basic intergovernmental agreement that predicted warming and volatile weather events are sufficient threats to justify mandatory measures. Yet with climate change negotiations set to resume November 2 through 13, 1998, in Buenos Aires, Argentina, at the Fourth Session of the Conference of the Parties (COP-4), many major industries continue to believe that the disproportionate costs of controls will precipitate severe economic consequences, and that mandatory measures may never actually be implemented, or at least will be deferred for many years. This article examines why some business decision makers and their environmental managers remain unwilling or unable to make concrete plans to achieve the significant reductions that the Kyoto Protocol facially requires. Indeed, there has been surprising inattention at the boardroom and plant levels to the concepts and details of the agreement. This is reinforced to some extent by the apparently dim prospects for ratification in the near term by the U.S. Senate, in which the treaty today would likely not gain a majority, much less the necessary two-thirds support.     

中国控制危险废物越境转移管理现状与展望

按照环境无害化管理原则,严格限制危险废物越境转移活动是中国履行《控制危险废物越境转移及其处置巴塞尔公约》的重要内容。本研究通过梳理《控制危险废物越境转移及其处置巴塞尔公约》关于控制危险废物越境转移的主要规定和中国立法管理实践,全面分析了中国控制危险废物越境转移管理进展。从打击非法转移、完善法律基础、建立预警机制等方面,深入剖析了中国控制危险废物越境转移面临的形势,并从强化危险废物越境转移管控、严厉打击非法出口行为、联合海关部门加强日常监管三方面提出对策建议,以期为中国全面履行《控制危险废物越境转移及其处置巴塞尔公约》要求、控制和防范危险废物越境转移环境风险提供支撑。     

How does eliminating mercury from artisanal and small-scale gold mining lead to achieving sustainable development goals?

Artisanal and small-scale gold mining (ASGM) is the principal anthropogenic activity that globally contributes to overloading our environment with mercury. Although the Minamata Convention, led by the United Nations, is a crucial instrument to eliminate its use progressively, novel approaches to accelerate this difficult transition are welcome. This article proposes a framework for policy-making or improvement, fostering the enforcement of mercury elimination through the lens of the 17 Sustainable Development Goals (SDGs), focusing on the excluded artisanal and small-scale gold miners and their dependents. We move forward with a literature review of the Artisanal and Small Mining topic, taking each SDG as a unit of analysis. Understanding the problem as a puzzle of four sets of pieces, namely: (1) social, (2) environmental, (3) economic, and (4) institutional, the paper offers potential opportunities for the decision-makers and practitioners to accelerate the substitution of this heavy metal and develop sustainable futures for the ASGM communities. We conclude by proposing a pragmatic framework that synthesizes the means, actions, and ends to accelerate a sustainable transition.