Integrating Corporate Social Responsibility and Sustainability for Deep Seabed Mining

Abstract

Deep seabed mining is a high-risk activity due to its economic, environmental, social, and technical challenges. As the only international organization that has the authority to enact and enforce regulations for activities in the international seabed (Area), the International Seabed Authority (ISA) has established a number of exploration contracts with member States and their sponsored firms. These sponsoring States, including both developing and developed countries, should adhere to the same standards for ensuring responsible mining. There are trends in the linkage between corporate social responsibility (CSR) and sustainability for addressing social and environmental concerns on the global arena. Although entities that intend to conduct seabed mining can be regarded as triggers of environmental and biological changes, they are generally equipped with capacities to solve relevant problems, such as filling gaps in laws, regulations, and practices. The CSR framework can be a model for governing common resources to promote sustainability. However, the implementation of CSR varies among contractors in the Area, and how CSR can contribute to all humanity is still unknown. This chapter investigates practices of existing contractors and explores the role of corporations in sustainable development of the Area. It investigates the contract-based system, including the present status of contracts, the rights and responsibilities of contractors and sponsoring States, and a parallel system for benefit-sharing. It also provides some feasible approaches to integrating CSR and sustainability pertaining to the Area.

Yao Zhou, SJD, is a Research Assistant at the Morgridge Institute for Research in the Ethics group. She received her SJD from the University of Wisconsin Law School in the United States, and her master’s degree in international law from Shanghai Jiao Tong University in China. For studying governance mechanisms on international seabed, she has conducted qualitative research interviews and ethnographic observations in Jamaica, China, and America, and presented at the International Underwater Mining Conference, the Deep-Sea Biology Symposium, and the Law and Society Association Annual Meeting.  The author is thankful for comments received from presentation participants at the 2018 Midwest Law and Society Retreat and for editing help from Mariah Watts and Paulo Brito with regard to this chapter.