Mining at 2,500 Fathoms under the Sea: Thoughts on an Emerging Regulatory Framework

An industry to recover mineral resources on the abyssal plains is emerging. Albeit at an explorative stage in areas beyond national jurisdiction, the commercial mining of seafloor non-living resources containing strategic metals is a realistic proposition, spurred by the demand for renewable, low-carbon energy infrastructure. The achievement of worldwide techno-economic growth must, under the principle of sustainable development, be coupled with the protection of the marine environment and its natural resources. Overall, this presents not only challenges to the development of mining technologies, but also tests the resilience of international standards governing the regulation of mining activities at great depths, including the development of the highest standards of environmental protection ab inito. This paper explores the approach being taken by the International Seabed Authority in advancing the legal regime for the regulation of mining activities in the Area, and in particular the tools and mechanisms targeted toward the protection of the marine environment.