As deep-sea mining accelerates to meet green tech demands, unresolved legal gaps, environmental risks, and ethical concerns highlight the urgent need for stronger global oversight and regulation.
Deep-sea mining has emerged as a rapidly developing frontier in global resource extraction, driven by the increasing demand for minerals essential for green technologies. Minerals such as nickel, cobalt, and rare earth elements—extracted from cobalt-rich crusts, ferromanganese nodules, and seafloor massive sulfides—are crucial to industries such as electric vehicle production and solar panels.
The United States has recently made strides in advancing its role in the global mining industry by issuing an executive order aimed at expediting permits for deep-sea mining. This is driven by the demand for critical minerals necessary to support green technologies. However, this order raises complex questions about governance, international legal frameworks, and adherence to global principles.
While the United States recognizes its potential leadership in responsible seabed mineral exploration and aims to be a partner for countries developing seabed mineral resources, it must also adhere to established international laws. Although the United States has yet to ratify the United Nations Convention on the Law of the Sea (UNCLOS), its actions are still influenced by UNCLOS principles, particularly those that pertain to shared ocean resources. Critics argue that unilateral actions, such as those in the executive order, could undermine international cooperation and the governance structure provided by the International Seabed Authority (ISA).
The ISA, tasked with regulating deep-sea mining under UNCLOS, has not completed comprehensive regulations, leading to gaps in oversight. This lack of enforceable standards means that mining could occur in ecologically sensitive areas without the necessary protections, exacerbating the risks to marine biodiversity.
Environmental Impacts, Scientific Uncertainty, and Social Implications
The deep-sea ecosystem remains one of the least understood and most fragile on Earth. It comprises vast, unexplored habitats such as abyssal plains, hydrothermal vents, and seamounts, which are integral to the health of the planet’s oceans. Unfortunately, mining activities in these regions threaten unique deep-sea species, especially those that inhabit hydrothermal vent communities and cold-water corals.
These mining activities pose multiple risks to biodiversity, including potentially irreversible losses and recoveries that could take decades, if not longer. Disturbances from mining operations could also disrupt marine food chains and affect food security, as deep-sea ecosystems contribute to carbon cycling and nutrient distribution, which are essential for marine life.
Moreover, mining activities are often undertaken without comprehensive Environmental Impact Assessments (EIAs), and the ISA has yet to finalize enforceable regulations for sustainable deep-sea mining. This regulatory gap means that mining projects can proceed with minimal oversight, further exacerbating the risks to fragile marine ecosystems.
In addition to the environmental concerns, deep-sea mining raises significant ethical issues. Private corporations must be held accountable for damage to the aquatic environment through enforceable impact assessments and independent third-party audits with transparent and traceable environmental monitoring. Thus, governments should strictly ensure these companies publicly disclose all environmental risks, mitigation plans, and remediation strategies.
The practice of extracting minerals from international waters challenges the “common heritage of mankind” principle enshrined in UNCLOS, which asserts that ocean resources should benefit all humanity, not just individual nations or corporations.
Many deep-sea mining sites are located beyond national jurisdictions, often in the high seas, which further complicates the ethical debate. The exploitation of these resources for national or corporate gain, without the participation of affected communities, is highly contentious. For instance, Pacific Islands and other coastal communities that depend on healthy marine ecosystems for their livelihoods could lose not only their resources but also their cultural and economic independence due to mining activities.
Advocating for a Balanced, Regulated Approach
As a scientist, advocating for a balanced, regulated approach to deep-sea mining is essential to reconcile environmental protection with economic needs. While a moratorium on mining may be important for responsible resource extraction, it is also crucial that we implement clear, enforceable regulations that would allow the industry to evolve without causing irreversible harm to the environment.
Emerging technologies, such as autonomous underwater vehicles (AUVs) and precision mining techniques, offer the potential to reduce the environmental impact of deep-sea mining by minimizing habitat disruption. Additionally, advancing scientific research to better understand the ecological risks of these activities is vital for making data-driven decisions and crafting effective mitigation strategies.
Given the uncertainties and potential irreversible risks of deep-sea mining, a precautionary principle must guide any mining activities. In the face of scientific uncertainty, we must err on the side of caution, awaiting conclusive evidence before proceeding with large-scale operations.
Every mining operation should be preceded by a rigorous, independent EIA, which includes long-term monitoring to ensure that any environmental damage is minimized or mitigated. This precautionary approach ensures that future generations do not inherit the consequences of poorly managed mining practices.
About the Author: Dr. Isa Elegbede (PhD)
Dr. Isa Olalekan Elegbede (PhD) is a U.S.-based marine environmental scientist, ocean sustainability advocate, and policy advisor with over a decade of international experience at the intersection of deep-sea governance, environmental sustainability, and blue economy development. He is a globally recognized voice on deep-sea mining governance, marine biodiversity protection, and the ethical use of ocean resources.
Image: Hermann Viria/Shutterstock
