20/09/2023

Mining the bottom of the sea: potential future disputes and the role of the ITLOS

Monica Feria-Tinta has co-authored a chapter with Judge Maurice Kamga from the International Tribunal for the Law of the Sea (ITLOS), in the Routledge Handbook of Seabed Mining and the Law of the Sea (V. Tassin Campanella (ed)).

The chapter explores what role, if any, ITLOS (and the Seabed Disputes Chamber, in particular) may play in addressing the most urgent issues raised by deep-sea mining and in clarifying the relevant legal notions under UNCLOS.

It identifies some of the possible contentious issues and advisory requests that may arise and the way in which they may come under ITLOS’s jurisdiction. Crucially, the authors posit that the role of ITLOS in addressing deep-sea mining may precede any exploitation stage.

Monica says: “The seabed beyond national jurisdiction which covers approximately half of the planet, contains deposits of valuable minerals such as cobalt, manganese, copper, zinc, nickel, and rare earth elements, particularly sought after by green technologies. There is, however, a current tension between commercial interests for deep-sea exploitation (driven by the expanding world demand for raw materials) and environmental considerations. This is a timely publication that contributes with authoritative analysis and research to the topic.”

This handbook includes contributions from leading scholars in the field (including Tulio Treves, Frida María Armas Pfirter, Nele Matz Lück, Nilufer Oral, Klaas Willaert and Cymie Paine) and provides a global overview of the national, regional, and international regulatory frameworks applicable to exploration and exploitation of seabed minerals, as well as the related state of the science on the matter.

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