On the Environmental Responsibility for Extracting Natural Resources from the Deep Seabed

Publish Year: 1400
نوع سند: مقاله ژورنالی
زبان: English
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JR_IRLSMP-1-3_002

تاریخ نمایه سازی: 21 فروردین 1401

Abstract:

Minerals in nature are one of the most valuable treasures on the earth, which due to the limitation of these resources on land and its heterogeneous distribution in different countries, has made human beings think about extracting the new resources. The limited mineral resources on land and the heterogeneous distribution of these substances in different countries have made human beings think about extracting and using the resources of other parts of the earth and even other planets. Deep-sea mineral resources can be considered as a reliable alternative to compensate for the limitations of land resources. The developed countries were more concerned with the use of these resources than others because, given the dependence of their economies on third-world mineral resources, the development of offshore resources could mean the liberation of their economies from this dependence. Therefore, this part of the high seas, which has no special owner, should have been included in a regime that provides menus to all countries of the world, both developed and developing. Therefore, in political and scientific circles, the concept of the common heritage of humanity was gradually introduced, based on which activities related to mining in the deep sea. After World War II, when oceanographic research revealed huge deposits of manganese in the seabed, countries' commercial interests in the field increased. Therefore, new intellectual and legal frameworks should be identified for this field to regulate the harvest of natural resources, to harmonize this process with environmental needs, and to align the provision of resources with the approach of sustainable development. Because the system of international responsibility in the Convention on the Law of the Sea is not transparent in itself, determining the environmental responsibility arising from activities in the region will be much more complex. But what environmental legal system can address the gaps in international environmental law to effectively protect the marine ecosystem and the environmental responsibilities of the government in extracting and exploring seabed resources. All of these matters can raised the question that to what extent the current legal systems have been able to achieve this goal? The method of this research is a descriptive-analytical study using library resources, the study of articles, and a review of environmental treaties and related internet resources. This study critically tries to identify the executive and legal gaps of the present time. Accordingly, by reviewing the legal systems of environmental responsibility, the gaps, and the challenges of their implementation, we will come to the result, that none of these legal systems in the field of responsibility can respond to the challenges independently. This research tries to provide a legal solution by considering the opinions of environmental experts, an executive solution about achieving new financial resources based on combined systems of environmental responsibility.

Keywords:

Marine environment , scientific research , Areas Beyond National Jurisdictions , Law of the Sea

Authors

Somayeh Naghibi

Azad university science and research branch of Tehran

Ali zare

Assistant professor at private law ,collage of law, theology and political science ,Tehran science and research branch , Islamic Azad university

Mansour pournouri

Professor at International law, central branch of Azad University, Tehran, Iran