Acknowledgments

List of abbreviations

Introduction

Chapter 1 The international significance of deep-sea hydrothermal vents

1.1 Introduction – shifting perceptions and shifting the conservation agenda to the deep sea

1.2 The Hydrothermal Vent Ecosystem

1.3 The Biodiversity of the deep sea

1.4 What is so important about the hydrothermal vent ecosystem? Why bother?

1.5 Conclusion

Chapter 2 Framework treaties and key concepts in international law

2.1 Introduction

2.2 Foundation concepts in international environmental law and policy

2.3 Framework treaties

2.4 Part XI of LOSC and the Part XI Agreement

2.5 Marine scientific research under LOSC

2.6 United Nations Convention on Biological Diversity

2.7 Customary International Law, Soft Law and other recent developments

2.8 Conclusion

Chapter 3 Regional and other environmental treaties

3.1 Introduction

3.2 Convention for the protection of the marine environment of the north-east Atlantic

3.3 Noumea Convention

3.4 The Antarctic Treaty System

3.5 NEAF Convention

3.6 World Heritage Convention

3.7 Conclusion

Chapter 4 The Continental Shelf Regime

4.1 Introduction

4.2 Historical origins of the Continental Shelf Regime

4.3 The 1958 Geneva Convention on the Continental Shelf

4.4 Conclusion: Should we sever the link between sedentary species and the continental shelf ?

Chapter 5 The Common Heritage of Mankind

5.1 Introduction – unresolved isses

5.2 Central elements of the the common heritage of mankind

5.3 Has the world moved on?

5.4 Conclusion – the Common heritage of mankind and future debate

Chapter 6 Domestic legal regimes regulating activities at hydrothermal vent sites within national jurisdiction

6.1 Introduction

6.2 Canada – The Endeavour hydrothermal vents

6.3 New Zealand

6.4 Portugal – Lucky Strike and Menez Gwen

6.5 Papua New Guinea

6.6 Lessons to be learnt from the domestic regimes

Chapter 7 The emerging deep sea biotechnology industry

7.1 Introduction

7.2 What is bioprospecting?

7.3 Why are hydrothermal vents subject to bioprospecting?

7.4 The process of bioprospecting for deep-sea genetic resources

7.5 Intellectual property rights and bioprospecting

7.6 International law and patents in relation to biotechnology

7.7 The missing link – The CBD and patents

7.8 Conclusion

Chapter 8 Marine Scientific Research

8.1 Introduction

8.2 The nature of marine scientific research involving hydrothermal vents

8.3 Environmental impact of marine scientific research

8.4 Debate on regulation of marine scientific research at the law of the Sea negotiations

8.5 The InterRidge Code of Conduct for marine scientific research

8.6 Environmental impact assessment and international environmental law

8.7 Environmental impact assessment and science in Antarctica

8.8 Conclusion – a model environmental impact assessment procedure for marine scientific research beyond national jurisdiction

Chapter 9 The role of the International Seabed Authority

9.1 Introduction

9.2 The environmental mandate of the International Seabed Authority

9.3 The emerging interest of the International Seabed Authority in biodiversity issues

9.4 The International Seabed Authority and de-facto marine protected areas

9.5 Structural impedements to effective sustainable management of deep-sea hydrothermal vents by the International Seabed Authority

9.6 Do States consider the International Seabed Authority irrelevant?

9.7 Conclusion – expansion of the International Seabed Authority mandate

Chapter 10 Elements of the future international legal regime

10.1 Expanding mandates, modified mandates and the challenge of achieving global oceans governance

10.2 The way forward

Table of treaties, agreements and declarations

Table of legislation

Table of cases

Bibliography

Appendices

Index