Anticipatory pessimism arises as Seabed Authority session approaches
Deep-Sea Mining Unleashed: A Deep Dive into the International Seabed Authority's 30th Session
The International Seabed Authority (ISA) concludes its 30th session at the end of this month, with daily meetings until the full Assembly in Kingston, Jamaica, from July 21 to 25. This gathering comes at a pivotal time, as the ISA grapples with a slew of complex and far-reaching issues regarding deep-sea mining.
The Assembly's agenda includes Item 16: "Need for a general policy of the Authority for the protection and preservation of the marine environment: scope and parameters." With the United States Flirting with allowing its miners to embark on seabed mining before many member states advocating for a moratorium, the session promises to be grueling.
Cosmos turned to Dr Claudio Bozzi, an expert in Law of the Sea and Maritime Law and policy at Deakin University, Victoria, to untangle the complex web of topics discussed at the ISA.
Crafting the Code
The ISA, under increasing pressure since 2014, aims to devise a mining code that manages the area according to UNCLOS, safeguarding the environment and upholding seabed resources as "the common heritage of mankind." Working groups were established in 2020 but only began in earnest in 2022 due to the Covid-19 pandemic.
The ocean's hidden treasure
The primary arguments in favor of a ban or pause on deep-sea mining rely on the lack of coherent scientific understanding of deep-sea ecosystems. To avoid serious environmental harm, regulations must be responsive to progressing knowledge about the deep sea and emerging information regarding mining's impact.
To date, the ISA lacks an overarching environmental management framework and policy. The ISA has not developed regulations to protect the marine environment from harm, nor has it advanced environmental goals, objectives, or principles for debate.
In the hot seat
Pressure mounts on the ISA, with some member states demanding a moratorium (Canada, Mexico, New Zealand, Peru, Switzerland, United Kingdom), a conditional pause (Austria, Brazil, Costa Rica, Chile, Kingdom of Denmark, Dominican Republic, Ecuador, Federated States of Micronesia, Fiji, Finland, Germany, Greece, Guatemala, Honduras, Ireland, Malta, Monaco, Palau, Panama, Portugal, Spain, Samoa, Sweden, Tuvalu, Vanuatu), or an outright ban (France), on seabed mining. Other member states (India, China, Japan, and Nauru) advocate for completing the Mining Code to facilitate extraction.
Harnessing renewable energy
The assertion that a pause on seabed mining will impede the transition to renewable energy is tenuous. Economic considerations are likely to determine the viability of seabed mining rather than a moratorium.
US President Donald Trump's Executive Order, "Unleashing America's Offshore Critical Minerals and Resources," is based on the potential for it to add $300 billion to GDP while creating 100,000 jobs. However, this order does not directly influence the ISA's deep-sea mining operations.
The bulk of registered seabed mining claims lies with China (20%), while the US has none. China is reliant on seabed mining becoming profitable over time. A moratorium would not affect the supply, as seabed sources do not contain minerals not available from land-based mining.
Test mining
Contractors are permitted to undertake exploratory mining operations prior to submitting a mining application under draft RRPs. The group tasked with advancing the regulation of test mining has experienced division among member states on core issues.
Designing reference zones
Before a contractor can exploit a seabed field, they must establish reference zones to assess the environmental impact on a "before and after" basis and ensure mining is conducted within authorised limits. However, there is little guidance on the design and operation of reference zones.
Regional Environmental Management Plans
Most member states support incorporating Regional Environmental Management Plans (REMPs) into the RRPs, which must be in place before mining can commence in any area. Only one REMP has been adopted by the ISA—for the Clarion-Clipperton Zone in the northern Pacific Ocean.
Payment regime
A contentious topic, the payment regime for mining rights has seen two proposed models: a low, fixed royalty based on the value of the extracted metal, and a revenue-raising mechanism for the ISA. However, no consensus has been reached on the incentive model, paving the way for a preference for revenue-raising mechanisms.
Compensation
Given the uncertainty surrounding the long-term consequences of seabed mining, compensation does not take environmental costs into consideration. The potential damages, such as habitat destruction, unknown species loss, resource depletion, and ecosystem alterations, all fall under the principle of "the common heritage of mankind" and require long-term assessments and inter-generational responsibility.
Equitable sharing of financial benefits
The ISA has considered both a direct distribution model and a pooled fund approach for equitable sharing. Equitable distribution demands precise and detailed economic modeling to avoid distorted results. If only modest benefits will be distributed among a few nations or distributed too thinly as to be insignificant, the viability of deep-sea mining is called into question.
Technology transfer
The transfer of technologies and scientific knowledge from developed to developing countries is critical to the successful functioning of the deep-sea mining regime. However, the RRPs barely mention technology transfer. Measures to develop the ISA's own mining operator, the Enterprise, which is seen by developing states as the only means for meaningful participation in mining activities, have yet to be established.
Confidentiality and public participation
The ISA will prioritize transparency and accountability under the new Secretary-General. The organization must make non-confidential information publicly available. Disputes remain over what qualifies as confidential information and disclosure criteria. Public participation in decision-making, an essential aspect of seabed resources being "the common heritage of mankind," is also sorely lacking.
The ISA must address rising concerns about transparency in decision-making and provide a strategy for consulting the public on matters affecting the deep sea. Increased public participation will help shape a more responsible and sustainable approach to deep-sea mining.
Struggling to strike a balance
If the 30th session is to yield constructive results, core issues must be resolved, and the regulations they require finalized. The principal RRPs for discussion involve those regarding the prerequisites for exploitation (environmental protection guidelines and REMPs), and the equitable sharing of financial and other economic benefits ('benefit sharing').
Given that a single Council member vote can stall the passage of a resolution, "nothing is agreed until everything is agreed." The multitude of unresolved issues, and the need for further information on various topics, suggests a cloud of pessimism looms over the 30th session's outcome.
- In the discussion of deep-sea mining regulations, the lack of a comprehensive environmental management framework in the International Seabed Authority (ISA) is concerning, as it may lead to detrimental effects on marine ecosystems, a key aspect of environmental science.
- The push for a moratorium on deep-sea mining stems from the need for more understanding about its potential impact on the environment, which is a growing concern in lifestyle and business sectors that prioritize sustainability.
- As the ISA develops a mining code to manage seabed resources according to UNCLOS, it is essential to consider the potential financial implications, as investing in renewable energy sources may prove to be more economically viable in the long run, a critical factor in finance and business.
- In the realm of sports, considering the importance of maintaining a clean and healthy environment, the impact of deep-sea mining on weather patterns and climate change should be taken into account.
- As travelers increasingly seek eco-friendly experiences, the potential environmental damage caused by deep-sea mining may deter them from choosing destinations associated with such activities, impacting the tourism industry and affecting the lifestyle choices of environmentally-conscious consumers.
