The legal landscape for deep-sea mining in the Area: A primer for practitioners

A general overview of the legal regime for managing deep-sea mineral resources of the seafloor in areas beyond national jurisdiction (‘the Area’) is presented with a focus on the protection of the marine environment. This primer aims to provide the background to and translate complex legal principles of international law relevant to activities related to deep-sea mining in the Area for those who do not have a background in legal studies. An introduction to international law, where it is relevant to deep-sea mining, is presented, as well as an overview of the United Nations Convention on the Law of the Sea, including its historical development. The role of the International Seabed Authority (ISA) in managing and regulating mineral-related activities in the Area is expounded, and a brief overview of the state-of-play regarding developments of the ISA Mining Code is represented, including calls for a moratorium on deep-sea mining by several ISA member states. Lastly, the role of other international legal frameworks pertaining to the Area and the protection of its environment is addressed. Overlaps in competencies between international and regional organisations are identified where they might lead to conflicts, providing as example a Marine Protected Area, designated by the Convention for the Protection of the Marine Environment of the North-East Atlantic, that partly intersects with the Area.