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Abstract

The concept of intergenerational justice is deeply rooted into the regulation of activities in the Area. United Nations Convention on the Law of the Sea on many occasions stresses the need to protect the marine environment in the interest of both contemporary and future generations. One of the institutions with vast competences in this field is the International Seabed Authority. With a perspective on inevitable commercial exploration and exploitation of seabed resources there is a need to answer the question if the Seabed Authority is properly prepared both in the field of law and policy to act as a steward of a mankind? Which instruments has been developed to ensure sustainable use of seabed resources and which of them are at the disposal of the International Seabed Authority? Finally, are the standards of the protection of seabed environment sufficient to satisfy the needs of contemporary consumption without diminishing the ability of the mankind in the future to freely choose their path of development? We can assume that environmental standards which would protect the interest of future people would also secure the sustainability in contemporary use of common heritage at the Seas. International Seabed Authority and international law of the sea can play important role in this process by shaping the future of the mankind with actions undertaken today.
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Authors and Affiliations

Maciej Nyka
1

  1. University of Gdańsk (Poland), Economic Law and Environmental Protection Chair, Faculty of Law and Administration
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Abstract

This article explores the legal principles that govern the interpretation of “secondary instruments” in international law. A “secondary instrument” under international law is, for the purposes of this article, a written document adopted by a body empowered by a treaty to take action with respect to the treaty, but which is not itself a treaty. Such instruments find increasing application in international law. The article specifically examines the interpretation of secondary instruments arising in five settings in international practice: the United Nations Security Council, the International Maritime Organization, the International Seabed Authority, the International Whaling Commission, and conferences/meetings of the parties under multilateral treaties. This selection of practice will serve to illustrate principles of interpretation across a range of international institutional settings for the purpose of determining the rights and obligations of state-parties to a treaty regime.
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Authors and Affiliations

Daniel Costelloe
Malgosia Fitzmaurice

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