Mining questions of ‘what’ and ‘who’: deepening discussions of the seabed for future policy and governance

Abstract

In spite of a proliferation of academic and policy-oriented interest in deep sea mining (DSM), this paper argues that two underlying questions remain underexplored. The first relates to what exactly the seabed is; the second to who the stakeholders are. It is argued that a greater interrogation of how the seabed is defined and understood, and a deeper consideration of how stakeholders are identified and the politics of their inclusion, is crucial to the enactment of policy and planning techniques. Through the analysis of current regulations to govern DSM in both national and international jurisdictions, this paper critically examines these seemingly banal but vital questions in different contexts. It is contended that most regulations are ‘fuzzy’ when it comes to addressing these questions, with the result that different understandings of the seabed and the implications of mining are ignored and that who stakeholders are and how they are defined causes many relevant voices to be unheard. It is argued, therefore, that it is imperative to address these often-overlooked questions directly in order to inform future seabed policy and governance.

Deep seabed mining lacks social legitimacy

“…While, in principle, anyone can submit comments, in practice, only a small group of states and observers do so, partly due to a lack of awareness of such participatory mechanisms and DSM more broadly, and the highly technical nature of the draft regulations. Importantly, though, little is gained if stakeholders can voice their opinion but cannot influence decision-making 25 . At present, it is unclear whether or how stakeholder comments are considered by the ISA, which is at odds with best practice for stakeholder consultation and could be changed through offering responses to stakeholder comments 26 .…”