United Nations experts have called on governments to ensure that any emerging regulations on deep seabed activities, including potential mining codes, are firmly anchored in international law and guided by the precautionary principle, warning that the ocean floor must not be treated as a new industrial frontier.
The appeal comes ahead of the upcoming session of the International Seabed Authority, where member States are expected to discuss frameworks governing mineral extraction in areas beyond national jurisdiction. According to the experts, the deep seabed represents one of the most fragile and least understood ecosystems on Earth, and protecting it is not optional but a binding legal duty under environmental and human rights law.
They pointed to recent advisory opinions issued by the International Court of Justice and the International Tribunal on the Law of the Sea, which clarified that States have obligations under customary international law to safeguard the marine environment and the global climate system. These responsibilities, owed to the international community as a whole, require rigorous due diligence to prevent environmental harm.
The experts also emphasized that the recently enacted Biodiversity Beyond National Jurisdiction Agreement strengthens the legal framework for protecting marine ecosystems in international waters and must be fully reflected in any rules adopted for seabed activities. They added that private companies involved in resource extraction are likewise responsible for respecting environmental standards and human rights impacts under internationally recognized business principles.
Scientists estimate that the deep seabed hosts the majority of the ocean’s roughly one million species and functions as the planet’s largest carbon sink, making it indispensable for biodiversity preservation and climate regulation. Experts warned that the accelerating global race for critical minerals risks causing severe and potentially irreversible damage, including destruction of seafloor habitats, release of stored carbon, spread of toxic pollutants, and disruption of the ocean’s natural capacity to absorb carbon dioxide.
They further cautioned that deep-sea mining operations are energy-intensive and could contribute to greenhouse gas emissions, compounding the climate crisis and its associated human rights consequences. Given persistent scientific uncertainty, the experts stressed that international law requires applying the precautionary principle whenever there is a risk of serious or irreversible environmental harm.
Communities most vulnerable to such impacts include Indigenous Peoples, small-scale fishers, and residents of Small Island Developing States, many of whom depend directly on healthy marine ecosystems for food security, livelihoods, and cultural survival. Any degradation of ocean health, the experts said, threatens fundamental rights including access to food, health, and a safe and sustainable environment.
The experts urged that governance of the deep seabed must be transparent, inclusive, science-based, and participatory, ensuring that decisions protect both present and future generations. They concluded that activities posing significant risks to humanity should not be authorized, underscoring that the deep seabed is the common heritage of humankind and must be managed accordingly.
