Deep-sea mining is being promoted as a potential source of critical minerals, but for Pacific Island countries, the risks extend beyond the environmental, social, cultural and economic impacts of mining the ocean floor.
Undermining Sovereignty: De-Risking the Pacific from Investor-State Disputes in Deep-Sea Mining, a new report by the Pacific Network on Globalisation (PANG) and authored by Professor Emeritus Dr Jane Kelsey, examines another growing concern: the exposure of Pacific governments to Investor-State Dispute Settlement (ISDS).
Through case studies from Tonga, Nauru, the Cook Islands and Papua New Guinea, the report examines how these different legal arrangements can expose Pacific states to investor claims and create uncertainty around future decisions on deep-sea mining. It also highlights the challenges created by confidential arbitration processes, where disputes and related documents may remain inaccessible to the public.
Undermining Sovereignty calls for Pacific governments to critically assess existing and proposed investment protections and remove or limit ISDS risks before they become entrenched in the region’s deep-sea mining frameworks.