6 - Mining Beyond National Jurisdiction

Summary

Chapter 6 turns to the potential extraction of metals from areas beyond national jurisdiction: Antarctica, the deep seas and outer space. Each of these areas contains, with varying degrees of plausibility, large reserves of metals that are indispensable for a global transition towards sustainability, particularly in the energy and transportation sectors. At the same time, extractive operations would be virtually certain to generate various types of adverse environmental impacts while also raising challenging questions related to fairness and equity: in different ways, the legal regimes applicable to each of these three areas beyond national jurisdiction give effect to collective rights that are most clearly enshrined in the concept of the common heritage of humanity. The chapter assesses institutional responses to this technological field under three international institutions: the Antarctic Treaty System, the United Nations Convention on the Law of the Sea, and the Outer Space Treaty.