A pause or moratorium for deep seabed mining in the Area? The legal basis, potential pathways, and possible policy implications.

The International Seabed Authority (ISA) 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.

The legal framework governing the remit of the ISA is found under the UN Convention on the Law of the Sea (UNCLOS). While UNCLOS serves as the ‘constitution of the ocean’, it is worth bearing in mind that UNCLOS was negotiated in the 1970s and early 80s, a time of genuine ignorance as to the environmental risks of DSM when little was known about the deep ocean. Scientific understanding of the deep ocean has come a long way, and has raised concerns about the risks of seabed mining, though many uncertainties remain. It is generally accepted that decisions concerning any potential deep seabed mining must be informed by science, deliver for the benefit of humankind as a whole, and adhere to principles and norms, such as precaution, that have since the negotiations of UNCLOS crystalized into international law.

This contribution examines the feasibility, legal basis and potential pathways for a precautionary pause or moratorium for deep seabed mining on the international seabed “Area”, should members of the ISA choose to adopt such a measure. The presentation will also discuss possible unintended policy implications that could arise from a precautionary pause or moratorium. It will draw on relevant previous moratoria in international law, including whaling and mining in the Antarctic, where non-use measures or prohibitions on the conduct of exploitation activities currently exist.