Deep Seabed Mining and Sustainability: a legal perspective

This contribution will examine the question of the complex – and on some degree paradoxical – correlation between sustainability goals and perspectives of deep seabed mining. On the one hand, it may be argued that deep seabed mining is a positive step towards sustainability since the metals and mineral resources that can be extracted from the Area are needed for the green transition. On the other hand, the fact that there is currently insufficient scientific knowledge about the Area’s ecosystem and the potential environmental impact of deep seabed mining activities to it seems to oppose sustainability goals and deep seabed mining. This contribution will address the issue from a purely legal perspective. Is there any inherent contradiction between sustainability and deed seabed mining from a public international law, environmental law and law of the sea perspective? Can there be a harmonious articulation between them? The currently negotiated “Mining Code” (Draft exploitation regulations) will be analysed in order to examine if it aims for a conciliation between sustainability and deep seabed mining activities. Claims about “precautionary pause” or “moratorium” will also be studied in this light.