Corporate Responsibility and Deep Seabed Mining: The Limits of Due Diligence

The International Seabed Authority is under pressure from some states and companies to adopt the regulations that would allow deep seabed mining (DSM) to commence. While presented by its supporters as necessary to procure the minerals and metals needed for energy transition, DSM presents serious risks for the marine environments and human rights whose extent is still insufficiently understood. This article focuses on whether, should DSM be allowed in the short term, the current regulatory regime would suffice to ensure that the corporations leading this activity carry out effective assessment, prevention and mitigation of environmental impacts. In order to answer this question, it explores contractor obligations as they emerge from the current version of the ‘Mining Code’. In light of persisting scientific uncertainty and the high-risk profile of DSM activities, this article contends that the current version of the regulations does not devise sufficiently stringent due diligence obligations.