Factual Background
Deep-seabed mining (“DSM”) is a frontier trade that goals to mine important minerals, together with cobalt and nickel. DSM on the worldwide seabed, the so-called “Space,” is regulated by the Worldwide Seabed Authority (“ISA”). DSM carries vital environmental dangers, from creating sediment plumes and biodiversity loss to noise and lightweight air pollution. These dangers necessitate a strong legal responsibility regime to carry polluters accountable if environmental hurt is brought on. A key query, which has been some extent of competition amongst Member States of the ISA, is: ought to a mining operator be held strictly liable if it causes environmental hurt, or is a due diligence commonplace adequate? This submit argues that choosing a strict legal responsibility regime is just not solely in conformity with worldwide follow however might additionally obtain the proper stability of pursuits amongst completely different stakeholders, offered that it adheres to the total compensation precept.
