Governing the deep: Economic, ecological, and legal perspectives on deep-sea mining in areas beyond national jurisdiction

Abstract

Environmental protection is a critical consideration for activities in the ocean to ensure the long-term sustainable use of marine resources, prevent irreversible ecological harm, and fulfill international legal obligations. In this article, we examine how economic interests in deep-sea mining, emerging scientific knowledge about environmental impacts, and recent legal developments under the United Nations Convention on the Law of the Sea (UNCLOS) shape States’ negotiation positions in the development of the Mining Code within the International Seabed Authority. We undertake a rigorous multidisciplinary review of economic, environmental, and legal literature to identify and critically assess the key factors influencing States’ strategies during these complex negotiations. By analyzing each domain, we clarify how competing economic imperatives, evolving scientific evidence on biodiversity and carbon cycle disruption, and shifting legal norms independently inform the negotiation process and its implications for the Mining Code’s substantive content and governance mechanisms. Drawing on recent jurisprudence from the International Tribunal for the Law of the Sea, which elucidates the relationship between UNCLOS and international climate frameworks under the United Nations Framework Convention on Climate Change and Paris Agreement, we highlight the increasing prominence of environmental protection within States’ legal duties. We argue that this evolving legal context supports the prioritization of precautionary and protective measures in the Mining Code and encourages cautious approaches that address scientific uncertainty and climate-related risks. This may include delaying the adoption of the Code or integrating stronger safeguards to prevent ecosystem collapse and promote responsible marine stewardship.