To mine or not to mine the deep seabed?

Abstract

Several studies have noted that the International Seabed Authority (ISA) scores low on public participation. However, none have studied the efforts of non-governmental organizations to exert influence on the ISA’s rulemaking processes. I examine how environmental NGOs and private mining contractors attempt to sway one narrow, but existential, part of the ISA’s draft exploitation regulations between 2014 and 2019: the definition of “serious harm” to the marine environment. Although environmental NGOs appear to have been more successful in influencing that definition, the interests of private contractors may still prevail. Despite the efforts of environmental NGOs, the term “serious harm” remains largely undefined, allowing for more subjectivity and flexibility in interpretation. This challenge is exacerbated when combined with current institutional weaknesses and limited scientific expertise within the ISA. Ongoing negotiations and recent developments may, however, alter this outcome.