Seabed Mining
Regulatory and Governance Framework for an Emerging Ocean Industry
Seabed Mining
The Seabed Mining Program focuses on the regulatory and governance framework for an emerging ocean industry: mining the deep seabed for minerals, such as copper and manganese. This emerging industry raises several equity questions, including who stands to benefit, who would shoulder the environmental, social, cultural, and economic burdens, and who gets a say in the decision-making around seabed mining.
The international seabed is designated as the “common heritage of humankind” and must be managed for the benefit of all. With this legal status in mind, the Seabed Mining Program collaborates with governments, civil society organisations, industry, and academia to work towards an inclusive, transparent, and robust management of the seabed.
Recent Publications
A Pause or Moratorium for Deep Seabed Mining in the Area? The Legal Basis, Potential Pathways, and Possible Policy Implications
The International Seabed Authority is currently negotiating regulations that will determine the future of deep seabed mining in areas beyond national jurisdiction. While some states and industry actors are interested in turning seabed mining into a reality in the near future, a sizeable number of states now support a pause or moratorium on deep seabed mining. This article examines the legal basis and potential pathways for a precautionary pause or moratorium for deep seabed mining of the international seabed “Area”, should members of the International Seabed Authority choose to do so, and discusses possible unintended policy implications that could arise therefrom.
Undermining by Mining? Deep Seabed Mining in Light of International Marine Environmental Law
Some forty years ago, the UN Convention on the Law of the Sea 1982 (UNCLOS) created an unusual regime for states to collectively manage common natural resources on the international seabed beyond national jurisdiction (known as “the Area”) through the International Seabed Authority (ISA). In the intervening years, scientists have increasingly been warning about the serious environmental risks of mining seabed minerals. At this pivotal point in time, when states are negotiating whether or not to allow seabed mining, this essay explores the risk of undermining by mining, that is, contravening international marine environmental law and the obligations and responsibilities of states thereunder by allowing commercial mining activities to commence.
On the Cultural Stakes of Deep Seabed Mining
Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management.