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UC Law Environmental Journal

Abstract

The rising interest in deep-sea commercial exploitation has sparked a powerful debate over the environmental and social justice implications of mining the ocean’s depths for valuable minerals. Deep-sea mining targets polymetallic nodules found on the seabed, containing metals critical for green technologies like electric vehicles and solar cells. The Clarion-Clipperton Zone (“CCZ”) in the eastern Pacific is estimated to hold more nickel, manganese, and cobalt than all terrestrial resources combined. As one of the last largely untouched ecosystems, deep-sea mining in the CCZ raises significant concerns about the irreversible harm to its biodiversity and the disruption to Indigenous communities reliant on intact marine environments.

Part I examines the environmental and social dimensions of deep-sea mining, emphasizing its dual role in supporting the clean energy transition and threatening deep-sea ecosystems and Indigenous livelihoods. It discusses the ecological risks, including biodiversity loss ecosystem disruptions, and the downstream impacts on coastal communities.

Part II reviews the governing legal frameworks for deep-sea mining, including the 1982 United Nations Conventions on the Law of the Sea and the International Seabed Authority. While these frameworks provide some safeguards, they also reveal critical gaps in transparency, enforcement, and Indigenous representation. Additionally, the article examines the Biodiversity Beyond National Jurisdiction Agreement and its potential to strengthen international collaboration and environmental protections in areas beyond national jurisdiction. The article also evaluates other international frameworks, such as the United Nations Declaration on the Rights of Indigenous Peoples, and the Indigenous and Tribal Peoples Convention, highlighting their contributions to safeguarding Indigenous rights in the context of deep-sea mining

Part III advocates for a phased moratorium on deep-sea mining, grounded in the precautionary principle, to address scientific uncertainties, potential ecological harm, and social inequities. It highlights alternatives to deep-sea mining, such as advances in battery technology, land-based mining, and recycling, which challenge the necessity of seabed exploitation for the clean energy transition. The article also addresses critiques of a ban, advocating for a robust governance reform if a moratorium is not implemented.

This article argues that a phased moratorium offers a responsible path forward, allowing time to strengthen legal frameworks, advance alternative solutions, and ensure inclusive and equitable governance. Protecting the Earth’s last frontier while advancing the clean energy transition requires prioritizing marine biodiversity, as well as environmental and Indigenous rights protections.

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