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Using International Law To Protect Marine Biodiversity From Deep-Sea Mining
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Using International Law To Protect Marine Biodiversity From Deep-Sea Mining

Gabriella Berman, Jessica Owley and Kenneth Broad
SSRN Electronic Journal
2026

Abstract

Deep-sea mining, the extraction of minerals from the seabed, is likely to have major environmental impacts. Studies point to possible impairment of key ecosystem functions through pollution and biodiversity loss. Notwithstanding the inability to predict the full extent of spatiotemporal environmental impacts, negotiations are underway at the International Seabed Authority to finalize regulations for commercial extraction of critical minerals in the international seabed. The regulations under negotiation would permit deep-sea mining to proceed despite significant scientific uncertainty; however, international law prohibits deep-sea mining unless science demonstrates that it can be conducted while adequately protecting biodiversity and preserving ocean health. Consequently, we argue that, to comply with international law, a moratorium on deep-sea mining is required until a greater understanding of its environmental impacts is reached.

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