Seabed Mining

Some forty years ago, the UN Convention on the Law of the Sea 1982 (UNCLOS) created an unusual regime for states to collectively manage common natural resources on the international seabed beyond national jurisdiction (known as “the Area”) through the International Seabed Authority (ISA). In the intervening years, scientists have increasingly been warning about the serious environmental risks of mining seabed minerals. At this pivotal point in time, when states are negotiating whether or not to allow seabed mining, this essay explores the risk of undermining by mining, that is, contravening international marine environmental law and the obligations and responsibilities of states thereunder by allowing commercial mining activities to commence.

Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management.

The impacts of deep seabed mining on people have not been sufficiently researched or addressed. Using a legitimacy framework, authors discuss the social-equity dimensions of this emerging industry in the ocean commons.

Deep-seabed mining in the Area is regulated by the International Seabed Authority (ISA) which is mandated to act on behalf of humankind as a whole. Consistent with international environmental law and human rights norms, in its decision making the ISA is expected to engage with its broad constituency. Using ten assessment criteria, this paper analyses the extent to which the ISA has facilitated public participation to date.

The establishment of thresholds is integral to environmental management. This paper introduces the use of thresholds in the context of deep-seabed mining, a nascent industry for which an exploitation regime of regulations, standards and guidelines is still in the process of being developed, and for which the roles and values of thresholds have yet to be finalised.

What is currently hundreds of metres down below the ocean floor could soon be found in our electronics and on construction sites. The desire to explore the deep ocean for minerals, such as copper, cobalt, and manganese is not new, but only now are companies pushing for commercial-scale mining.

Advancements in new technologies open up new ocean industries and possibilities to explore the ocean

Provides the first authoritative, scientific overview of natural capital in the deep ocean, both from a global and regional perspective

The International Seabed Authority (ISA) is the only governing body responsible for issuing exploration and mining rights for areas of the ocean floor that are beyond national jurisdiction.

This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces.

The international seabed ‘Area’ and its mineral resources are the common heritage of mankind and must be administered for the benefit of humankind as a whole.

Discussions about an environmental management strategy for deep seabed mining in the Area have been underway for a number of years.

Due to technological advances, mining the deep ocean floor is becoming a reality, with potential consequences for the sea’s ecosystems.

Mining the deep ocean floor hundreds of miles from land was once considered too costly, dangerous, and complicated to attempt.

This report summarizes written comments submitted by ISA member States and Stakeholders on the most recent draft of proposed regulations to govern exploitation on the international seabed.

A Jaeckel, ‘The International Seabed Authority: Current Challenges for Deep Seabed Mining’ 2018/ 4 Vereinte Nationen – German Review on the United Nations 154

This Third Report of the Code Project covers an institutional process that has taken place over the past 18 months: the drafting of the ISA regulations to govern exploitation contracts in the international seabed (the Area).

In 2017, Japan became the first country to test mining ocean minerals on a significant scale.

There is increasing interest in mining minerals on the seabed, including seafloor massive sulfide deposits that form at hydrothermal vents.

Deep-sea mining is likely to result in biodiversity loss, and the significance of this to ecosystem function is not known.

Environmental Impact Assessment (EIA) is key to the robust environmental management of industrial projects; it is used to anticipate, assess and reduce environmental and social risks of a project.

This paper discusses a range of measures that would contribute to the implementation of the
precautionary approach by the International Seabed Authority (ISA).

Robust environmental management of deep-sea mining projects must be integrated into the planning and execution of mining operations, and developed concurrently.

Plans for deep-sea mining on ocean floors within international jurisdiction are likely to be approved in the next four years

Plans for deep-sea mining on ocean floors within international jurisdiction are likely to be approved in the next four years.

‘Biodiversity loss from deep-sea mining’ 10 Nature Geoscience 464-465 (2017)

The seabed in areas beyond national jurisdiction is the common heritage of mankind (CHM), as declared in the 1982 United Nations Convention on the Law of the Sea.

With the transition to the commercial-scale exploitation of deep seabed minerals, the International Seabed Authority’s obligation to protect the marine environment is being tested. In The International Seabed Authority and the Precautionary Principle, Aline L. Jaeckel provides the first in-depth analysis of the Authority’s work in regulating and managing deep seabed minerals.

A Jaeckel, ‘Current Legal Developments: Developments at the International Seabed Authority’ (2016) 31(4) International Journal of Marine and Coastal Law 706-719

The International Seabed Authority (ISA) is currently developing the regulatory framework for commercial-scale mining of minerals on the deep seabed.

The 1982 United Nations Convention on the Law of the Sea declares the seabed beyond national jurisdiction and its mineral resources as the “common heritage of mankind” (CHM).

The deep sea is the largest and least understood ecosystem on Earth. Nevertheless, the ocean floor could soon become the site of deep seabed mining operations.

The number of contracts granted by the International Seabed Authority (isa) to explore minerals on the seabed beyond national jurisdiction has increased greatly in recent years and commercial exploitation is scheduled to start in the near future.