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Antarctic Mineral Exploitation: The Emerging Legal Framework - download pdf or read online

By Francisco Orrego Vicuna

ISBN-10: 0511565631

ISBN-13: 9780511565632

ISBN-10: 0521100070

ISBN-13: 9780521100076

ISBN-10: 0521323835

ISBN-13: 9780521323833

The method of foreign co-operation within the Antarctic has been evolving quickly because the signing of the Antarctic Treaty in 1959. Inextricably associated with this co-operation is the query of the rational administration of Antarctic assets. during this publication Professor Orrego Vicuna examines extensive the criminal framework - the Antarctic Treaty, sovereignty, jurisdiction and the legislation of the ocean - because it pertains to the exploitation of Antarctic minerals. this can be quick changing into a stay factor with the ever-growing power for the improvement of those assets. the 1st a part of the ebook examines the most features of the foreign felony framework governing the co-operation of states in Antarctica, rather in terms of source conservation. in contrast history, within the moment a part of the e-book, the regime for mineral assets is mentioned in adequate element to spot the fundamental matters and pursuits that have to be accommodated on the way to reach a suitable conference. the ultimate a part of the e-book considers the real set of questions raised through the curiosity of the realm group at huge within the Antarctic: most importantly, the tasks touching on a broader overseas participation less than the auspices of the United countries.

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Additional info for Antarctic Mineral Exploitation: The Emerging Legal Framework (Studies in Polar Research)

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It is doubtful, however, whether or not international human rights treaties create direct obligations between States and extraterritorial non-State entities. This question is particularly relevant to extraterritorial climate change adaptation measures. 100 95 Dinah Shelton, Litigating a Rights-Based Approach to Climate Change (GWU Legal Studies Research Paper No 2013–57, 2009) 236 ff. 96 For instance, the ICESCR does not provide for a binding dispute resolution mechanism, but any States making a special declaration on the recognition of the ICJ jurisdiction under Article 36(2) of its Statute could be summoned before the Court for breaching obligations under the Covenant (on this issue see, more extensively, Andrew Strauss, ‘Climate Change Litigation: Opening the Door to the International Court of Justice’, in Burns and Osofsky (2009) 334).

From this legalisation perspective there indeed seems to be a notable drive towards soft law within the climate change regime. This is not only due to the form of the agreement that is relying on COP-decisions that “take note” of parties’ actions and not a ratifiable protocol, but to the broader tendency towards less obligation, precision and delegation for developed country parties in mitigation. A and Conclusion. B: ‘The test for whether congressional legislation excludes the declaration of federal common law is simply whether the statute speak[s] directly to [the] question at issue .

Where, however, there is no consensus within the member States of the Council of Europe, either as to the relative importance of the interest at stake or as to the best means of protecting it, particularly where the case raises sensitive moral or ethical issues, the margin will be wider . . 80 Of course, the weaker the consensus on the means to protect a right, the greater the difficulty in striking a fair balance with conflicting rights or even conflicting positions within the same right, and the more discretion States have.

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Antarctic Mineral Exploitation: The Emerging Legal Framework (Studies in Polar Research) by Francisco Orrego Vicuna


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