Mind the gap and close it: Regulating greenhouse gas emissions from deep-sea mining in the Area

Deep-sea mining (DSM) will be highly energy-intensive and produce myriad emissions, including greenhouse gases (GHG). By and large, the emissions arising from DSM activities in areas beyond national jurisdiction (‘The Area’) do not yet fall within the remit of any international agreement and are thus unregulated. To close this gap, two incisive steps need to be taken. First, States must decide under which international regime(s) they want to regulate GHG-emissions from DSM operations (forum choice). Second, they must select the means to mitigate emissions (instrument choice). Forum and instrument choice should be decided in tandem as forum choice tends to influence instrument choice and vice versa. We explore the various possibilities and argue that the International Seabed Authority (ISA) is the most suitable forum, as it could implement a harmonized and targeted approach for this unique sector. We recommend that the ISA commission a technical study to assess the amount of GHG emissions expected to arise from DSM activities in the Area and evaluate the costs and benefits of implementing and enforcing various policy instruments. Such an exercise is both urgently needed and timely, particularly as the ISA is currently formulating the rules for mineral exploitation.