The development of the deep seabed mining regime by the international seabed authority : from exploration to exploitation

Abstract

During the first period of functioning, between the entry into force of the United Nations Convention on the Law of the Sea (1994) and the approval of the first plan of work for exploitation, the International Seabed Authority has mainly carried out regulatory functions to allow the realization of activities of prospecting and exploration of deep-sea minerals resources of the Area. Currently, the Authority is moving to the regulation of exploitation of critical minerals in clean energy transition. The successes of its normative work will depend on how it understands and addresses four main challenges: transparency, (legal, technical, financial and scientific) uncertainty, (legal) integrity, and (social) accountability.