DEEP SEA MINING AND IT'S ISSUES (ISA)

 The International Seabed Authority — the United Nations body that regulates the world’s ocean floor — is preparing to resume negotiations that could open the international seabed for mining, including for materials critical for the green energy transition.

Years long negotiations are reaching a critical point where the authority will soon need to begin accepting mining permit applications, adding to worries over the potential impacts on sparsely researched marine ecosystems and habitats of the deep sea.

WHAT IS DEEP SEA MINING?

Deep sea mining involves removing mineral deposits and metals from the ocean’s seabed. There are three types of such mining: taking deposit-rich polymetallic nodules off the ocean floor, mining massive seafloor sulphide deposits and stripping cobalt crusts from rock.

These nodules, deposits and crusts contain materials, such as nickel, rare earths, cobalt and more, that are needed for batteries and other materials used in tapping renewable energy and also for everyday technology like cellphones and computers.

HOW IS DEEP SEA MINING REGULATED NOW?

Countries manage their own maritime territory and exclusive economic zones, while the high seas and the international ocean floor are governed by the United Nations Convention on the Law of the Seas. It is considered to apply to states regardless of whether or not they have signed or ratified it.

Under the treaty, the seabed and its mineral resources are considered the “common heritage of mankind” that must be managed in a way that protects the interests of humanity through the sharing of economic benefits, support for marine scientific research, and protecting marine environments.

WHY IS THERE PRESSURE ON THE ISA TO ESTABLISH REGULATIONS NOW?

In 2021 the Pacific island nation of Nauru — in partnership with mining company Nauru Ocean Resources Inc, a wholly-owned subsidiary of Canada-based The Metals Company — applied to the ISA to exploit minerals in a specified deep sea area. That triggered a clause of the UN treaty that requires the ISA to complete regulations governing deep sea exploitation by July 2023. If no regulations are finalized, Nauru can submit an application to conduct the mining without any governing regulations.

WHAT ARE THE ENVIRONMENTAL CONCERNS?

Only a small part of the deep seabed has been explored and conservationists worry that ecosystems will be damaged by mining, especially without any environmental protocols. Damage from mining can include noise, vibration and light pollution, as well as possible leaks and spills of fuels and other chemicals used in the mining process.

Sediment plumes from the some mining processes are a major concern. Once valuable materials are taken extracted, slurry sediment plumes are sometimes pumped back into the sea. That can harm filter feeding species like corals and sponges, and could smother or otherwise interfere with some creatures.

The full extent of implications for deep sea ecosystems is unclear

WHAT’S NEXT?

The ISA’s Legal and Technical Commission, which oversees the development of deep sea mining regulations, will meet in early July to discuss the yet-to-be mining code draft. The earliest that mining under ISA regulations could begin is 2026. Applications for mining must be considered and environmental impact assessments need to be carried out.

In the meantime, some companies — such as Google, Samsung, BMW and others — have backed the World Wildlife Fund’s call to pledge to avoid using minerals that have been mined from the planet’s oceans. More than a dozen countries—including France, Germany and several Pacific Island nations— have officially called for a ban, pause or moratorium on deep sea mining at least until environmental safeguards are in place, although it’s unclear how many other countries support such mining. Other countries, such as Norway, are proposing opening their waters to mining.

About ISA

The International Seabed Authority (ISA) is an autonomous international organization established under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea (1994 Agreement).

ISA is the organization through which States Parties to UNCLOS organize and control all mineral-resources-related activities in the Area for the benefit of humankind as a whole. In so doing, ISA has the mandate to ensure the effective protection of the marine environment from harmful effects that may arise from deep-seabed-related activities.

ISA, which has its headquarters in Kingston, Jamaica, came into existence on 16 November 1994, upon the entry into force of UNCLOS. It became fully operational as an autonomous international organization in June 1996, when it took over the premises and facilities in Kingston, Jamaica, previously used by the United Nations Kingston Office for the Law of the Sea.

In accordance with UNCLOS, Article 156(2), all States Parties to UNCLOS are ipso facto members of ISA. As of 1 May 2020, ISA has 169 Members, including 168 Member States and the European Union.

The Area and its resources are the common heritage of humankind. The Area covers around 54 per cent of the total area of the world’s oceans.