The Case for Deep Sea Rights: A Path to Equitable and Sustainable Ocean Stewardship

• DOI: 10.5194/oos2025-1243
• Publication Date: 2025-03-26T02:42:35Z
• Authors: Mekhala Dave; Emma Critchley; Pradeep Singh

As the world confronts an escalating ocean crisis, the deep sea—often referred to as the "last frontier" of our planet—remains largely remote, detached in human imaginaries and is being optimized for natural resources for a green energy transition at the UN regulatory authority, the International Seabed Authority (ISA) which has the mandate for deep seabed mining governance. As the cluster of rights and heritage preservation are far from being fully operationalised at the ISA, this paper makes a legal case for a rights-based framework for the deep sea which offers a transformative approach to ocean stewardship, recognizing not only the ecological significance of these ecosystems but also their intrinsic rights to protection and preservation. This framework challenges conventional, exploitative models of ocean governance, urging a shift towards more inclusive, ethical, and sustainable practices.At the heart of this paradigm shift is the confluence of diverse knowledge systems. This paper examines from the lens of artistic praxis, indigenous wisdom, and scientific research of cultural significance as well as ethical practices that provide complementary insights that deepen our understanding of the deep sea and its interconnectedness within wider ocean health. As the legal rights-based framework for the deep sea is in its infancy, new formats of research investigation — these include artistic methods that blend reflexivity, embodied encounters, and place-based insights which can help reveal the fragility of the ocean's depths and critically engage in hidden narratives, stirring emotional and cultural connections; and imbibing Indigenous knowledge of ancestral genealogies that offers invaluable perspectives on sustainability and respect for natural resources, while scientific inquiry contributes empirical data and innovative solutions for protection.This paper focuses on the intersection between policy, knowledge and the role of art in bringing all voices to the decision-making table. The paper will discuss opportunities to establish and implement effective regulatory measures for the protection and conservation of the deep ocean from emerging threats caused by human activities, such as deep seabed mining, including exploring the topic through relations between human and non-human rights. As a case study, the paper will feature a recent initiative that brings together new perspectives through the co-produced project ‘Rights of the Deep’ (2024) between the UK based artist Emma Critchley, legal experts, Pacific indigenous representatives and scientific advisors which emphasizes the role of art as a catalyst for dialogues on the topic of deep seabed mining and to influence institutional and policy reform at the ISA and beyond. It also expands on other emerging artistic contributions from the collective The Inhabitants, the Tongan artist Latai Tamoepeau and others. From the harmonious collaboration between legal experts, Indigenous representatives, and scientists through the lens of art, we can cultivate a transformative evolution in ocean stewardship—one that bridges the fragments of knowledge and nurtures a holistic, reverent connection to the deep sea. This approach emphasizes the need for cultural and ecological sensitivity in protecting our oceans and ensuring their resilience for heritage preservation for future generations.