Deep Seabed Mining Law and Governance a Laboratory for a Just, Precautionary and Geopolitical Approach: The EU and Arctic Cases

This article provides an update on the current regulatory and institutional landscape of Deep Seabed Mining (DSM). This regime formation is occurring at a unique historical moment, characterized by noteworthy legal developments. This is primarily because it applies to an activity (exploitation) that has not yet commenced but is anticipated to do so in the near future, contingent on the finalization of the regulatory regime. The legal environmental framework of DSM presents numerous challenges and gaps, but it also harbors potential significance, particularly in the context of the ongoing green energy transition. This article aims to delve into the intricate interplay between law and technology, examining the "law in context" within the broader context of justice and geopolitics and delves into the environmental framework of the DSM industry and seeks to address the existing regulatory gaps. It underscores the importance of adopting a precautionary approach and advocates for a meticulous determination of the appropriate type of precautionary approach to be employed in the future. By scrutinizing DSM environmental law and policy and using the EU and the Arctic as a geopolitical-legal case study, this article underscores that DSM is not only an environmental concern but also a social justice issue.