Harmonizing Deep-Sea Mineral Exploitation and Prevention of Harm to the Marine Environment Under the United Nations Convention on the Law of the Sea

Riley Traut*

The United Nations Convention on the Law of the Sea and accompanying 1994 Agreement Relating to the Implementation of Part XI of the Convention create the requirement to regulate and facilitate deep-sea mining while simultaneously protecting the marine environment for the Common Heritage of Mankind.  At the time of the initial drafting of the Convention, there was a pretense that extraction of seabed resources could be managed in a manner that was not destructive of the marine environment.  However, recent research has shown that harm to the marine environment from seabed mining is likely to occur.  Due to the potential harm of current seabed mining technology, prospective exploitation projects in the deep-sea of the Pacific Ocean must be regulated in a manner compliant with the Convention.  The International Seabed Authority, and its subordinate Legal and Technical Commission, must determine proper regulations and procedures to review and adopt exploitation proposals while complying with the Convention’s requirement to avoid harm to the marine environment and promote the Common Heritage of Mankind.  The expiration of a procedural deadline, in July 2023, accelerated the timeframe in which the International Seabed Authority must adopt exploitation regulations.  Now the Authority must adopt regulations against the ticking clock or risk permitting underregulated mining to occur.

* Executive Editor, Columbia Journal of Transnational Law; J.D. Columbia Law School, 2024.  I wish to thank Professor Michael Gerrard, whose guidance greatly benefitted the production of my argument, and both Duncan Currie and Bobbi-Jo Dobush for their insights into the ISA’s function.  I would also like to thank the exceptional Notes Editors, Managing Editor, my co-Executive Editor—Allyson Ping, and the entire editorial staff for their diligent work in aiding my writing.  Lastly, I want to thank Dr. Bibit Traut, whose work in marine biology instilled in me a lasting interest in the ocean.