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La loi applicable aux activités menées dans les fonds marins

Abstract : When commercial activities, such as mining, are carried out in the Area, a framework of commercial law is as helpful on sea as on land. For example , workers should be protected against unfair contract terms, and entrepreneurs should be able to mortgage their equipment to ease financing. However, there is no State to provide this legal framework by general legislation. Could it be established in other ways ? The International Seabed Authority (ISA) possesses considerable power in granting licenses with conditions and revoking them if necessary. However, not all kinds of rules can be implemented in this way. For example , conditions for licenses cannot be used to alter the position of third parties to their detriment. An example of framework legislation that cannot be simulated by setting conditions for licenses is arrangements for mortgaging seabed installations. Because of these limitations, there may be a need for regulation that is more comprehensive than what can be achieved by adding conditions to licenses. This paper focuses on rules of this kind. How is the possible need for such legislation taken care of in the Area ? How can the necessary commercial framework legislation be implemented ?
Keywords : Law activities Seabed
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https://halshs.archives-ouvertes.fr/halshs-02397680
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Submitted on : Wednesday, December 11, 2019 - 3:00:58 PM
Last modification on : Tuesday, December 17, 2019 - 1:24:45 AM
Long-term archiving on: : Thursday, March 12, 2020 - 1:19:04 PM

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Erik Røsaeg. La loi applicable aux activités menées dans les fonds marins. Patrick Chaumette. Transforming the Ocean Law by Requirement of the Marine Environment Conservation - Le Droit de l’Océan transformé par l’exigence de conservation de l’environnement marin, Marcial Pons, pp.295-312, 2019, 978-84-9123-635-1. ⟨halshs-02397680⟩

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