ISA Council Adds New Elements to Negotiate for Deep-sea Mining Regulations

Context

The first part of the 29th session of the International Seabed Authority (ISA) Assembly and Council took place recently in Jamaica.

29th Session of the International Seabed Authority (ISA) Assembly: Key Highlights

• Completion of First Reading: At the meeting, a ‘first reading’ was completed of about one third of issues. However, none of the covered items have been cleared and they will be discussed again.
• Divergence of Issues: The 35 regulations discussed in this meeting contained divergences of views, alternative texts, and many disagreed text or parts.
• Regulations were related to underwater cultural heritage, test mining, regional environmental management plans, compliance committee, environmental compensation fund, royalties and safety measures.
  • The recent council meeting clearly shows that there remains a vast divide among member states regarding the development of a mining code in the absence of robust science.

Major Issues in the Regulations

• Economic Assistance Fund:  UNCLOS requires the establishment of an economic assistance fund and a compensation system to assist developing countries that suffer serious economic consequences as a result of lower export mineral prices caused by deep-sea minerals.
  • There is still no agreement on the fund’s purpose, who should manage it and how it should be implemented.
• Test Mining: Germany proposed in 2019 that any contractor seeking to shift from exploration to exploitation must conduct test mining during the exploration phase and submit the findings to the ISA.
  • This would allow the ISA to better evaluate applications. 
• Protecting the Marine Environment: Under UNCLOS, the ISA is obligated to protect the marine environment from harmful effects caused by seabed mining.
  • Under UNCLOS, the ISA regulates activities on the seabed and ocean floor beyond the scope of national jurisdiction while ensuring their protection. 
  • So far, it has issued 31 exploration contracts, totaling 1.5 million square kilometers of seabed, roughly half the size of the United States. 
• Controversy over the Right to Protest: In November 2023, Nauru Ocean Resources Inc notified ISA of a disruption of its permitted exploration activities by representatives of independent global campaigning network Greenpeace International.
  • During negotiations, Nauru called for a revocation of Greenpeace’s observer status and urged the ISA to establish safety zones around mining vessels.
  • The country recently convened two meetings (closed to observers) to discuss a proposal to prevent any other vessels from coming near a ship engaged in mining activities.
• Demand for ISA Mining Code Development: In 2021, Nauru issued a letter notifying the agency of NORI’s intention to apply for an exploitation contract in the Area within two years, putting additional pressure on the ISA to develop a mining code. 
  • Two-year rule: This triggered the ‘two-year rule’, which stipulates that the Council adopt regulations for exploitation within two years of receiving such a notice.
  • The ISA passed the deadline of July 9, 2023, leading to an increase in intensity and frequency of negotiations at the ISA. At the 28th session, the ISA Council declared its aim to adopt the regulations by 2025. 
  • However, the 2025 deadline seems “unrealistic”, given the divergence of views among member states.

What is Deep-sea mining?

• About: Deep-sea mining is an emerging industry that aims to extract minerals from the ocean’s surface, including manganese nodules, seafloor massive sulphides, and cobalt crusts.

• • Experts believe they contain critical minerals required for the production of batteries for electric vehicles and renewable energy capacity, as well as smartphones and laptops.
• Types of Mining: 
• • Taking deposit-rich polymetallic nodules off the ocean floor
  • Mining massive seafloor sulfide deposits
  • Stripping cobalt crusts from rock. 

India’s Deep-sea Mining Mission

• Deep Ocean Mission: It was launched by the Ministry of Earth Sciences to boost India’s maritime infrastructure and harness the living and non-living resources from the deep-oceans.
  • Six themes of Mission: 
    • Development of technology for Deep-sea mining, manned submersibles, and underwater robotics; 
    • Development of ocean and climate change advisory services
    • Technology innovations for exploration and conservation of deep-sea biodiversity
    • Deep-ocean survey and exploration
    • Energy and freshwater from the ocean
    • An advanced marine station for ocean biology
• Varaha-1: India has developed a Deep-sea mining machine called Varaha-1 which successfully completed a field test at a depth of 5,270 meters in the Central Indian Ocean.

Where is India Engaged in Deep sea Exploration?

• Central Mid-Ocean Ridge: It is a triple junction area in the international water region. 
  • Here, hydrothermal sulphide deposits that contain multi-metals such as gold, platinum, and other minerals are explored.
• Central Indian Ocean: Here, poly-metallic nodules are explored.

Regulation of Deep-sea Mining

• The International Seabed Authority (ISA) is currently accepting mining permit applications from companies and countries.
• States should apply to ISA regardless of whether or not they have signed or ratified the United Nations Convention on the Law of the Seas.
• 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 (UNCLOS). 

Environmental Concerns 

• Threat to ecosystem: 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. 
• Associated damages: Noise, vibration and light pollution, as well as possible leaks and spills of fuels and other chemicals used in the mining process.
• Harm to Marine Life: Once valuable materials are extracted, slurry sediment plumes are sometimes pumped back into the sea. That can harm filter feeding species like corals and sponges, etc.

The United Nations Convention on the Law of the Sea (UNCLOS)

• Aim: Adopted in 1982, itlays down a comprehensive regime of law and order in the world’s oceans and seas, establishing rules governing all uses of the oceans and their resources. 
• Functions: 
  • It divides marine areas into five main zones: the High Seas, Exclusive Economic Zone (EEZ), Contiguous Zone, Territorial Sea, and Internal Waters. 
  • It serves as the framework for offshore governance among coastal nations and seafarers. 
  • It offers detailed instructions on each state’s rights and obligations inside the five concentric zones.

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