About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

25 Tul. J. Int'l & Comp. L. 127 (2016-2017)
Into the Abyss: Rationalizing Commercial Deep Seabed Mining through Pragmatism and International Law

handle is hein.journals/tulicl25 and id is 135 raw text is: 







    Into The Abyss: Rationalizing Commercial

 Deep Seabed Mining Through Pragmatism and

                         International Law


                         Luz  Danielle 0. Bolong*


      This Article discusses issues surrounding deep seabed mining, exploring in depth both
arguments for and against it.' This Article then takes a step back to dissect the underlying
assumptions behind these arguments, using pragmatism and international law As 2018 approaches,
marking the start of commercial deep seabed mining operations, it seems relevant to elevate the
'yes or no to deep seabed mining discourse to how to best incentivize states to delay deep seabed
minmg projects in order to improve state and deep seabed mining contractor accountability to
intensify consumer awareness ofboth the mineralsupplyproblem and ofthe necessity ofrecycling,
and finally to ensure long-term supply of minerals, particularly those citical to emerging
technology By breaking down assumptions behind two extreme deep seabed mining positions,
this Article aims to afford states, envirornmentalists, mining companies, and other affected
individuals greater opportunity to address their respective concerns.


I.    INTRODUCTION             ..................................       ...... 128
II.   DEEP  SEABED   MINING   AS  THE FUTURE OF THE EXTRACTIVE
      INDUSTRY   AND  OF  DEVELOPING STATES............               ......... 130
      A.   An  Answer to Supply Constraints..........              ..........133
      B.   A  Developmental Right..................                .  ........ 135
      C     The Environmental Choice.............                 .   ......... 136
      D.    The Next   Phase  ofManne Mming..........           .............. 139
III.  DEEP  SEABED   MINING   AS  A DANGEROUS SHORTSIGHTED
      MOVE.............................                    ................. 141
      A.   A  Bill ofAttainder to the Deep Sea...............          .......142
            1.   A  Source  of Pollution...          ....................... 142
            2.   A  Roadblock   to Evolution  Knowledge ......         ....... 143


    *     0 2016  Luz Danielle 0. Bolong. Luz Danielle Bolong is a lecturer of Public
International Law at the Ateneo de Manila University School of Law and a researcher for
Philippine Senator Paolo Benigno Aquino IV on international law and trade issues. She received
her Master of Laws degree from Harvard Law School, and her Juris Doctor and Bachelor of
Science Major in Business Management degrees from the Ateneo de Manila University. Danielle
previously worked as a solicitor in the Philippines' Office of the Solicitor General, where she
advised the justice and foreign affairs departments on international and comparative law issues.
     Danielle was a participant of the 2014 Yeosu Academy on the Law of the Sea at South
Korea, and the 2015 Rhodes Academy of Oceans Law and Policy held in Greece.
     I.   An abridged version of this Article appeared in International Law Institute: Natural
Resources and the Law of the Sea by Juris Publishing, Inc. 2016.


127

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most