Deep sea mining talks deadlocked
International Seabed Authority (ISA) Council negotiations have concluded without the adoption of an agreed upon deep sea mining code and without any mining approvals being granted. The two-week negotiations exposed unresolved disagreements between participants on issues ranging from environmental safeguards and liability to inspection, compliance and benefit-sharing, with several governments raising major scientific, environmental and governance concerns. ISA member states also supported the ISA’s legal and technical commission’s (LTC) inquiry and preliminary report into contractor non-compliance, which revealed that an ISA contractor may be in breach of its contract. The report also revealed the contractor may be in breach of its obligations to act in accordance with the multilateral framework under the United Nations Convention on the Law of Sea (UNCLOS). Deep Sea Conservation Coalition (DSCC) policy lead Emma Wilson says that if breaches are confirmed, contracts must be terminated. “Contractors cannot hold exploration contracts under the international system while simultaneously undermining it by seeking to mine unilaterally,” she said. “The ISA’s response to threats of unilateral mining is a critical test for the authority.” The inquiry also comes amid concerns surrounding attempts to pursue unilateral deep-sea mining, including questions about the involvement of Nauru Ocean Resources (NORI), a subsidiary of The Metals Company. DSCC legal advisor Duncan Currie says the inquiry goes directly to the ISA’s core responsibility to the deep seabed as the common heritage of humankind. “If companies attempt to bypass the Authority by pursuing mining through a unilateral national process, it would constitute an unauthorised appropriation of the global commons under the UNCLOS.” A full LTC report is expected at the July meeting, when NORI’s contract is due for extension. The DSCC continues to call on governments to adopt a moratorium on deep sea mining.
