Self-governance at depth: The international seabed authority and verification culture of the deep-sea mining industry

Abstract

Deep-sea mining requires the creation of a new set of regulations, mitigation measures, and auditing procedures for the companies operating in this sector. In this article, it is argued that the verification system proposed by the International Seabed Authority, the UN body tasked with policing this industry, fails to respond to the needs for a proactive assessment of environmental impacts. This work proposes that strict, quantitative auditing culture should be re-worked to introduce much needed flexibility to match the fast-paced evolution of deep-sea knowledge. It also highlights some structural limitations of the draft regulations, guidelines, and standards, including vaguely defined terms that could constitute major challenges once the industry enters its production cycle. The current definition of the ISA Mining Code and its related documents promotes a self-regulatory system, where companies operating in the area are wholly responsible for reporting their own adherence to regulations. Based on document analysis, as well as informal exchanges with industry operators, governments, and international organizations, it is found that the bulk of environmental systems knowledge in the mining area has been provided or sponsored by corporate actors, helping them shape the guidelines for the regulations. This self-regulation also extends to the verification process, with few truly independent mechanisms. The article concludes with a proposal of five avenues for improvement, targeting the structures in which verification is envisioned but also the ways in which data is collected.