A Pause or Moratorium for Deep Seabed Mining in the Area? The Legal Basis, Potential Pathways, and Possible Policy Implications

Abstract

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.