Challenges of operationalising good industry practice and best environmental practice in deep seabed mining regulation

Abstract

Advances and innovation in deep-water technologies have fuelled a rapid and increased interest in the commercial exploitation of deep seabed minerals. Notwithstanding the apparent momentum in this sector, numerous regulatory, technical and environmental challenges remain. The latter, in particular, solicits on-going concern amongst various stakeholders due to the potential impact of mineral exploitation on the deep-sea environment. The organisation tasked with the management and control of mineral-related activities in international waters, the ‘International Seabed Authority' (ISA), is mandated to develop ‘the mining code’, a body of international rules, regulations and procedures that will regulate prospecting, exploration and exploitation in areas beyond national jurisdiction. Accordingly, the aim of this article is to provide a critical assessment of two commonly invoked, yet often ambiguous, concepts in this regulatory discourse – that being ‘Best Environmental Practice’ and ‘Good Industry Practice’. The paper draws on a comparative evaluation of these concepts in established international guidance standards, in order to highlight certain considerations for the practical implementation thereof for the deep seabed mining industry. In doing so, the research provides policy and theoretical contributions to the field of natural resources regulation. It further enhances the understanding of a critical component to the sustainable operationalisation of the industry, whilst acknowledging the unique environmental protection requirements associated with the deep seabed environment.