#31: State Consent and the Deep Sea: Nathan Eastwood on Law, Legitimacy, and the Limits of UNCLOS

In this episode of the Elements of Deep Sea Mining podcast, Nathan Eastwood, a partner at Watson Farley Williams, shares his extensive knowledge on international law and deep sea mining. He discusses the legal framework surrounding seabed mining, the challenges faced by the International Seabed Authority in adopting exploitation regulations, and the implications of U.S. regulations under the Deep Seabed Hard Mineral Resources Act.

The conversation highlights the importance of bilateral investment treaties, environmental considerations, and the need for international cooperation in navigating the complexities of deep sea mining. Eastwood also explores potential best and worst case scenarios for the future of seabed mining and the role of multilateralism in addressing global challenges.

Follow Nathan

LinkedIn: Nathan EastwoodFirm profile & contact: Watson Farley & Williams

Chapters

00:00 – Introduction: Nathan Eastwood02:00 – From Mining Disputes to the International Seabed Authority07:45 – Are There Secret Seabed Legal Battles?12:30 – Why International Law Matters for Companies18:40 – What the U.S. Is Actually Doing23:50 – Is DSHMRA a “Wild West” System?29:30 – Consolidated Applications Explained35:15 – The Existential Question for the ISA40:10 – Is It Legal? Treaty Law, Custom, and Jus Cogens48:20 – The Persistent Objector Doctrine52:40 – Where Are the Legal Teeth?58:30 – Could the ISA Challenge the U.S.?1:05:10 – Articles 137 & 139: Supplier Liability Debate1:12:30 – ISA Investigations and Due Process1:18:40 – Could Contracts Be Terminated?1:23:20 – Best-Case and Worst-Case Futures1:29:10 – Cooperation, China, and Regulatory Breakdown1:34:50 – The Culture of the Deep-Sea Mining Debate1:39:10 – Where to Learn More & Closing

Further Reading

Watson Farley Williams articles on Seabed Mining:

Mining the Deep Sea: How the US is Unlocking the Ocean’s Critical Minerals https://www.wfw.com/articles/mining-the-deep-sea-how-the-us-is-unlocking-the-oceans-critical-minerals/

US regulatory framework

US statement in relation to their obligations under part 11 of the convention

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