ICJ Climate Change Advisory Opinion: Implications for Seabed Mining in the Green Energy Shift (Part II)

Key Takeaways

The seabed mining industry is emerging as a potential source for essential minerals needed for the green energy transition.
Current land-based mining faces limitations and may not meet future mineral demands, making seabed resources a viable alternative.
Regulations under UNCLOS ensure environmental protections and due diligence in seabed mining activities.

The seabed mining industry is positioning itself as a key player in supplying minerals crucial for the green energy transition. According to the International Seabed Authority (ISA), mining in the Clarion-Clipperton Zone could potentially yield substantial amounts of minerals, including 6 billion tons of manganese, 270 million tons of nickel, 234 million tons of copper, and 46 million tons of cobalt. These minerals are increasingly necessary as the demand for battery storage is predicted to grow significantly over the next two decades.

The current landscape of land-based mining poses serious challenges, particularly due to greenhouse gas emissions associated with deforestation and the extraction of lower-grade ores. As the demand for minerals continues to rise, land-based mining may struggle to keep pace with supply, creating an opportunity for seabed mining to provide higher-grade ores with potentially lower emissions.

Legal frameworks, such as the United Nations Convention on the Law of the Sea (UNCLOS), establish obligations for environmental protection in seabed mining. The Seabed Disputes Chamber (SDC) has emphasized the importance of due diligence in these activities, advocating for precautionary measures and thorough environmental impact assessments.

Seabed mining offers a unique scenario wherein scientific studies on potential impacts have preceded extraction efforts, resulting in a relatively advanced understanding of deep-sea ecosystems. However, uncertainties remain, highlighting the need for stringent regulations that evolve with emerging scientific knowledge. The SDC’s advisory opinions outline clear obligations for contractors and states, focusing on the implementation of the best available technology (BAT) to mitigate environmental harm.

A core concern regarding seabed mining relates to its impact on the ocean’s carbon sink capabilities. While seabed mining is expected to disturb sediments minimally—leading to less impact on carbon storage—it remains critical to mitigate potential risks. The ISA recommends thorough evaluations of greenhouse gas emissions associated with seabed mining activities, emphasizing the importance of conducting environmental assessments.

Despite the potential benefits, critics argue that seabed mining poses risks to ocean ecosystems. Current regulations call for dewatering discharges to be managed properly, suggesting they must be released at depths where ecological disruption is minimized. GHG emissions resulting from seabed mining operations, particularly those stemming from land-based processing, must also be addressed in compliance with the Paris Agreement.

In summary, while seabed mining represents a promising avenue for mineral extraction vital for the green energy transition, it requires careful regulatory oversight to balance ecological preservation with the demands of modern resource needs.

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