As part of our ongoing monitoring of international and domestic legal developments, this article provides an update on the International Seabed Authority’s (“ISA”) Council Part II of the 30th Session and the National Oceanic...more
As global demand for critical minerals intensifies — driven by the energy transition, technological innovation, and geopolitical competition — deep-sea mining has emerged as a potential frontier in resource development. At...more
4/30/2025
/ Executive Orders ,
International Trade ,
Minerals ,
National Security ,
NOAA ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Supply Chain ,
Trump Administration ,
United Nations Convention on the Law of the Sea (UNCLOS) ,
United States
Two parallel regulatory regimes for deep-sea mining have begun to emerge in recent years. On the one hand, the International Seabed Authority (ISA), an autonomous international organization established under the 1982 United...more
Disputes dominated the energy landscape in 2024, with the energy industry facing complex and sometimes contradictory challenges. As the world continues to grapple with the energy transition, energy security, global policy...more
With the entering into force of the European Union’s (“EU”) Critical Raw Materials Act (“CRMA”), the memorandum of understanding between the EU and Serbia and the European Bank for Reconstruction and Development (“EBRD”) and...more
9/3/2024
/ Energy Tax Incentives ,
EU ,
European Commission ,
Exploitation ,
Inflation Reduction Act (IRA) ,
International Energy Agency (IEA) ,
Mineral Exploration ,
Serbia ,
Supply Chain ,
Tax Credits ,
UK
We have been following the International Seabed Authority (“ISA”) Council’s negotiations and drafting of the Exploitation Rules, Regulations and Procedures (“Exploitation RRPs”) for the deep seabed beyond national...more
Deep-sea mining activities on the seabed and ocean floor beyond national waters are a risky and capital-intensive venture. The unpredictability of little-known ecosystems and environmental impacts translate into regulatory...more
Deep-sea mining activities in the seabed and ocean floor beyond national jurisdiction, including the collection of polymetallic nodules, are governed by the UN Convention of the Law of the Sea (UNCLOS) and the agreement...more
In part one of an explainer series about international deep-sea mining regulation, Louise Woods and Elena Guillet share advice for setting up sponsorship agreements between contractors and sponsoring states. The ISA has...more
7/19/2024
/ Contractors ,
Exploitation ,
International Waters ,
Investment ,
Jurisdiction ,
Mineral Exploration ,
Minerals ,
Mining ,
Sponsorship Agreements ,
Supply Chain ,
United Nations Convention on the Law of the Sea (UNCLOS)
Reliable supplies of critical raw materials are essential for the green transition and to ensure the competitiveness of key national industries. The Inflation Reduction Act (IRA) in the US and the European Union’s Critical...more
The IRA and CRMA are the clearest results of a race to reclaim control over critical raw materials following the global supply chain vulnerabilities exposed during the pandemic and exacerbated by Russia’s invasion of Ukraine,...more
Following months of delays and intense debate in Congress, President Biden signed H.R. 815 into law on April 24, 2024, which made headlines for funding $95 billion in military aid to Ukraine, Israel, and Taiwan, along with...more
5/6/2024
/ Bureau of Industry and Security (BIS) ,
CFIUS ,
Department of Justice (DOJ) ,
Economic Sanctions ,
EU ,
Foreign Aid ,
International Emergency Economic Powers Act (IEEPA) ,
Israel ,
Office of Foreign Assets Control (OFAC) ,
Sanction Violations ,
Statute of Limitations ,
Taiwan ,
TikTok ,
UK ,
Ukraine
On March 29, 2024, the International Seabed Authority’s (“ISA”) Council concluded the first part of its 29th Session continuing the negotiations and drafting of the Exploitation Rules, Regulations and Procedures (“RRPs”) for...more
On December 18, 2023, the European Union (EU) published its 12th package of sanctions targeting Russia via Regulation (EU) 2023/2878 and Regulation (EU) 2023/2875, which amend Regulation (EU) 833/2014 and Regulation (EU)...more
2023 was another year of change brought by global factors, such as the Russia-Ukraine war, the rising trend of protectionism, the continued and increased disruption to supply chains, and inflation — all factors that are set...more
On 6 September 2023, the Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 (“the Arbitration Act”).1 This final report follows a lengthy review...more
The second part of 28th Session of the International Seabed Authority’s Council continues in Jamaica with the international community lying anxiously in wait. One major international actor is notably absent from the...more
As set out in our previous alert Pivotal Year for Deep-Sea Mining, the deep seabed is rich in mineral concretions containing cobalt, nickel, copper and manganese called polymetallic nodules. A vast number of these nodules are...more
Through Council Regulation (EU) 2022/328 of February 25, 2022, the European Union introduced new sanctions relating to, among other things, Russian aggression in Ukraine...more
Sixty years after the discovery of polymetallic nodules and thirty years after the establishment of the International Seabed Authority (“ISA”), deep-sea mining could be licensed as early as July 2023. The ISA is expected to...more
On May 25, 2022, the Securities and Exchange Commission (the “SEC”) introduced a proposal to amend certain rules and forms under the U.S. Investment Advisers Act of 1940 (the “Advisers Act”) to require investment advisers and...more
In a dramatic departure from prior practice, the U.S. Department of Justice (“DOJ”) recently released its first Opinion Procedure Release (“OPR”) in over eight years, and perhaps responding to criticism from the business...more
Since February 24, 2022, Russia’s invasion of Ukraine has led to unimaginable human suffering, a growing refugee crisis and a rising death toll. The invasion sparked a global response as governments moved to sanction the...more
3/30/2022
/ Airspace ,
Aviation Industry ,
Bureau of Industry and Security (BIS) ,
Economic Sanctions ,
EU ,
Export Administration Regulations (EAR) ,
Exports ,
Financial Markets ,
Insurance Industry ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Ukraine
In response to the further escalation of the Russia-Ukraine conflict, the US, EU and UK have imposed a severe package of restrictions on Russia. This new wave of sanctions targets broad areas of the Russian economy and...more
The globalization of business streams has led to the rise of groups of potential claimants with similar cross-border claims, such as claims related to products or services offered on a global basis, mass disasters or economic...more