Sustainable and Just Deep-Sea Mining for the Energy Green Transition: A Conundrum Without Legal, Governance or Technological Solutions. The Case of the EU

Abstract

In January 2023 the International Seabed Authority (ISA), an intergovernmental organization established under the 1982 UN Convention on the Law of the Sea (UNCLOS) granted already thirty contracts for exploration of Deep Seabed Mining, but exploitation has not started yet because ISA has not finalized its regulations, expected in 2025. This article intends to address to what extent is the current deep Seabed mining regime factoring risks and uncertainties in a just and sustainable manner in the current legal framework on environmental liability embedded in the green energy transition’s processes with the EU as case study and enquiry if there are baseline or best practice to learn from. It unravels which type of precautionary approach fits and is just. Deep Seabed Mining is also a social justice, ethical dilemma demanding equitable and share solutions to the benefit of current and future generations because activities of this kind can destroy ecosystems that can take decades to regenerate, if not causing irreversible damage. Law and technology, but also technology will be crucial as new methods guaranteeing an “environmental benign Deep Seabed Mining” will determine how liability law will be shaped. Deep Seabed Mining Environmental Liability, Precautionary approach; Sustainable Green Transition, Natural Extraction Law, Critical Minerals, Sustainable Development, Sustainable Ocean Law and Governance, Environmental Justice, Deep Seabed Law, Law and Technology