Finding a social license on the deep seabed – risks and mitigation strategies for exploitation activities in the absence of exploitation regulations under UNCLOS

Part XI of the United Nations Convention on the Law of the Sea (UNCLOS or the Convention) (United Nations (UN) Division for Ocean Affairs and the Law of the Sea, 1982) establishes a comprehensive regulatory framework for the conduct of deep seabed mining (DSM) activities of mineral resources in the Area (defined in Article 1(1) of UNCLOS as ‘the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction’). Under that framework, DSM activities can only take place in the Area pursuant to an approved Plan of Work in the form of a contract with the International Seabed Authority (ISA) (the Authority), a 168-member international body created under UNCLOS to administer the Area. Private contractors can undertake DSM activities if they are sponsored by Member States of UNCLOS, providing a dual system of international and domestic regulatory control and oversight for activities in the Area.