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A pause or moratorium for deep seabed mining in the area? The legal basis, potential pathways, and possible policy implications

Published Article

Global

Publication date: January 26, 2025

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As the International Seabed Authority negotiates regulations that will shape the future of deep seabed mining, states remain divided between rapid development and calls for a moratorium. This article analyzes the legal foundations and procedural options available to ISA members should they choose to enact a precautionary pause or moratorium in the international seabed Area. It also evaluates potential unintended policy consequences, including governance gaps and strategic behavior by states or industry. The findings highlight how legal mechanisms, political dynamics and precautionary principles intersect in global ocean governance at a pivotal moment.

Subject Tags

  • Biodiversity
  • Policy

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.

Citation

Singh, P. A., Jaeckel, A., & Ardron, J. A. (2025). A pause or moratorium for deep seabed mining in the area? The legal basis, potential pathways, and possible policy implications. Ocean Development & International Law, 56(1), 18-44. https://doi.org/10.1080/00908320.2024.2439877

TNC Authors