When the International Seabed Authority commences accepting applications for deep-sea mining operations in the upcoming weeks, a crucial question arises: How much control will authorities have over operations to ensure the protection of marine habitats far from coastlines, or will it devolve into a chaotic free-for-all? Unfortunately, it appears that the new High Seas Treaty is powerless in this regard.
Established under the United Nations (UN) Convention on the Law of the Sea 1982, the International Seabed Authority governs and regulates all mineral-related activities on seabeds in international waters. Currently, it is in the process of negotiating a mining code that will establish the guidelines for companies seeking to extract minerals from the seabed. However, time is of the essence.
The Authority has been compelled to expedite the finalization of the code due to the trigger of a two-year rule by the small Pacific nation of Nauru, which allows for seabed mining applications starting from July 2023. Although commercial mining has not yet begun, numerous companies such as De Beers, China Minmetals Corp., UK Seabed Resources Ltd., and others from Tonga, Nauru, Germany, Japan, and Singapore are eagerly preparing to make it a reality.
Consequently, there are concerns that environmental protection for international waters will be overshadowed by the rush of these companies to exploit one of the last frontiers for mining on the planet. Deep seabed mining for valuable metals like cobalt, manganese, and nickel holds the potential to support large-scale production of essential electronics such as smartphones and tablets, as well as drive the advancement of green technology like electric vehicles and wind turbines.
Recognizing the imminent impacts of deep-sea mining and its potential effects on the marine environment, the world took a significant step in March this year with the adoption of the High Seas Treaty. This treaty could represent a turning point in the preservation of the world’s oceans. For decades, the high seas and deep seabeds beyond national jurisdictions were managed and governed in a fragmented manner. The High Seas Treaty aims to change this by establishing a new framework for marine resource conservation and introducing new tools and mechanisms for decision-making and equitable benefit sharing.
However, the treaty does not possess any authority over mining activities overseen by the International Seabed Authority. This is because it does not directly apply to activities already regulated by existing bodies. In other words, the High Seas Treaty would not hinder or obstruct deep-sea mining exploration or any subsequent mining activities. Its purpose is solely to provide an institutionalized and coordinated protective measure without clear provisions to impede mining.
The International Seabed Authority holds the power to issue licenses to companies that intend to explore the deep sea with minimal hindrance. Furthermore, there are no guarantees that the High Seas Treaty can ensure environmental protection, despite including clauses allowing for the establishment of marine protected areas beyond national jurisdictions. Additionally, it remains to be seen how nations will collaborate to establish such areas. Participating countries would need to submit proposals to the International Maritime Organization, accompanied by a draft management plan outlining potential restrictions on activities like fishing, shipping, and deep-sea mining within the designated area.
Meanwhile, regulations permit countries to apply to the International Seabed Authority for 15-year exclusive rights to explore a specific area for deep-sea mining. However, this endeavor comes at a significant cost, amounting to up to $1.4 billion over five years. According to a 2017 report from the UN Educational, Scientific, and Cultural Organization, ocean research vessels can cost between $10,000 to $40,000 per day to operate. The projected total cost for processing minerals is estimated to be approximately $135 million. Contractors are expected to adhere to the best environmental practices and collaborate closely with the Authority to develop programs for monitoring and evaluating the biodiversity impacts of their exploration and mining activities.
As seabed explorations are currently underway, but mining is yet to commence, contractors, scientists, legal experts, and the authority must continue working together to monitor the environmental impacts. With a greater accumulation of scientific data, member countries under the High Seas Treaty can then determine the most sustainable approach to balancing mining activities with the protection of the marine environment.
Dr. Mohd Hazmi Mohd Rusli, an associate professor at the Faculty of Syariah and Law, Universiti Sains Islam Malaysia, and a former research fellow at the Australian National University, Canberra, contributed to this article. He has disclosed no conflicts of interest. Originally published under Creative Commons by 360info, this content has been adapted by the Philippine Daily Inquirer, a member of the Asia News Network, which comprises 22 media titles in the region.
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