As global demand for critical minerals intensifies — driven by the energy transition, technological innovation, and geopolitical competition — deep-sea mining has emerged as a potential frontier in resource development. At...more
Two parallel regulatory regimes for deep-sea mining have begun to emerge in recent years. On the one hand, the International Seabed Authority (ISA), an autonomous international organization established under the 1982 United...more
We have been following the International Seabed Authority (“ISA”) Council’s negotiations and drafting of the Exploitation Rules, Regulations and Procedures (“Exploitation RRPs”) for the deep seabed beyond national...more
In late 2023, the United States underwent a massive expansion in territory. Its boundaries grew by approximately one million square kilometres – an area about twice the size of California – all without a shot being fired.Hi ...more
In this Alert, we review the impact of the recent acceptance by the Japan Diet of the 2009 Amendment to the London Protocol. Acceptance of the Amendment provides a critical enabler for the export of CO2 from Japan for...more
Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more
Deep-sea mining activities in the seabed and ocean floor beyond national jurisdiction, including the collection of polymetallic nodules, are governed by the UN Convention of the Law of the Sea (UNCLOS) and the agreement...more
In part one of an explainer series about international deep-sea mining regulation, Louise Woods and Elena Guillet share advice for setting up sponsorship agreements between contractors and sponsoring states. The ISA has...more
The IRA and CRMA are the clearest results of a race to reclaim control over critical raw materials following the global supply chain vulnerabilities exposed during the pandemic and exacerbated by Russia’s invasion of Ukraine,...more
On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations...more
The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement. On 9 April 2024, the International...more
Below, we break down three recent decisions and explain why the regulated community should pay attention to them: the first from the Southern District of New York in City of New York v. Exxon Mobil Corporation; the second...more
On March 29, 2024, the International Seabed Authority’s (“ISA”) Council concluded the first part of its 29th Session continuing the negotiations and drafting of the Exploitation Rules, Regulations and Procedures (“RRPs”) for...more
The International Tribunal for the Law of the Sea held a series of public hearings that started September 11, 2023 following a request submitted by the Commission of Small Island States on Climate Change (COSIS) to clarify...more
The second part of 28th Session of the International Seabed Authority’s Council continues in Jamaica with the international community lying anxiously in wait. One major international actor is notably absent from the...more
On 13 July 2023, the International Court of Justice (“ICJ” or the “Court”) in Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 Nautical Miles from the Nicaraguan Coast (Nicaragua...more
As set out in our previous alert Pivotal Year for Deep-Sea Mining, the deep seabed is rich in mineral concretions containing cobalt, nickel, copper and manganese called polymetallic nodules. A vast number of these nodules are...more
After nearly two decades of on-off negotiations, agreement was reached on March 4, 2023 on a draft agreement under the United Nations Convention on the Law of the Sea (“UNCLOS”) on the conservation and sustainable use of...more
Sixty years after the discovery of polymetallic nodules and thirty years after the establishment of the International Seabed Authority (“ISA”), deep-sea mining could be licensed as early as July 2023. The ISA is expected to...more
On October 7, 2022, the White House released its National Strategy for the Arctic Region, further developing the federal government’s approach to the northernmost region, which is under intergovernmental purview...more
As offshore assets age, oil and gas companies face a wave of decommissioning obligations, with expenditures estimated to exceed US$200 billion in coming decades. Decommissioning is not simply demolition. It requires plugging...more