Public Participation in the Governance of Deep-Seabed Mining in the Area

Deep-seabed mining in the Area is regulated by the International Seabed Authority (ISA) which is mandated to act on behalf of humankind as a whole. Consistent with international environmental law and human rights norms, in its decision making the ISA is expected to engage with its broad constituency. Using ten assessment criteria, this paper analyses the extent to which the ISA has facilitated public participation to date. This paper finds that, while the ISA has increased outreach activities, significant scope for improvement remains. Several ways to improve public participation at the ISA are identified, including (1) proactive consultation with a wider reach, including stakeholders that are hitherto not engaged; (2) mechanisms to ensure stakeholder consultations and submissions are given due consideration, and that the rationale for decisions are publicly communicated; and (3) enhanced public engagement in the implementation of decisions.