Who Governs Deep-Sea Mining?

As rising global demand for critical minerals intensifies, interest in deep-sea mining (DSM) in areas beyond national jurisdiction is growing rapidly. However, who governs it? This question offers a pioneering study of the relationship between global and national governance of DSM.

Using a constructivist-interpretive approach, this talk will unpack the international DSM regime established under the UN Convention on the Law of the Sea (UNCLOS), which posits that the deep seabed is the ‘common heritage of humankind’. This contrasts the USA’s ‘freedom of the high seas’ policy. The discussion will also explore how the International Seabed Authority (ISA), the USA and China interpret the meanings of these social constructs when developing the DSM Mining Code.

Although the US government’s actions to pursue DSM may speed up the finalisation of the Mining Code, the future of DSM remains uncertain due to mounting concerns about its commercial viability. There is growing support for a moratorium, or official pause, on all DSM activities.

Topics to be covered

• Deep-sea mining (DSM) in areas beyond national jurisdiction (ABNJ)

• ‘Freedom of the high seas’ v. ‘common heritage of [hu]mankind’

• International Seabed Authority (ISA) and the ‘Mining Code’

• International campaign for a moratorium on DSM