"Deep-sea mining opens Pacific up to costly investor disputes", 2 September 2026

The report Undermining Sovereignty by Professor Jane Kelsey warns that deep-sea mining exposes Pacific Island nations to significant financial and legal risks via Investor-State Dispute Settlements

A report commissioned by the Pacific Network on Globalisation is warning that while deep-sea mining is promoted as a source of critical minerals, for Pacific Island countries, the risks go beyond environmental, social, cultural and economic impacts.

The report Undermining Sovereignty, written by Emeritus Professor Jane Kelsey from the University of Auckland, examines what are known as an Investor-State Dispute Settlements, which she says could expose Pacific governments to investor claims over decisions on deep-sea mining.

Her report draws on case studies from Tonga, Naoero, Cook Islands and Papua New Guinea and she says while they may all be regarded as small nations, their exclusive economic zones are huge, and that's where trouble may lie.

"The lack of transparency is a massive issue," she said. "If there is a dispute, the dispute is basically conducted behind closed doors so you may not even know that there is a dispute that could end up costing your government hundreds of millions of dollars "