Implementing adaptive management in deep seabed mining: Legal and institutional challenges

摘要

The presence of scientific uncertainty in relation to the ecological impacts of deep seabed mining has led to increased interest in the use of adaptive management as part of the environmental regulatory structure for the deep seabed mineral exploitation regime. This paper assesses the prospects for using adaptive management as part of the deep seabed mining regulatory framework with a specific focus on the legal and institutional dimensions of the regime. In this regard, this paper argues that adaptive management is likely to play a crucial role in the deep seabed mining regime owing to the current uncertain state of knowledge respecting the deep seabed environmental well as the ambiguity surrounding the standards respecting the acceptable levels of harm associated with deep seabed mining. However, despite the high demand for adaptive management, institutional arrangements, such as the need for the ISA to meet its due diligence obligations and strong security of tenure protections, may constrain the ISA in implementing adaptive management approaches. More broadly, this paper seeks to contribute to our understanding of the unique legal nature of the ISA as a front line resource regulator operating within the system of international law.