ISA Secretary-General’s Statement: ISA plays a key role in regulating the sustainable development of mineral resources in a way that balances the need for minerals with rigorous environmental protection.
4 July 2019
In light of recent release of the report by Greenpeace entitled ‘Protect the Ocean’, which regrettably contains a series of inaccurate elements and factual mistakes, particularly in relation to the existing legal regime set up by international law, ISA wishes to make a number of corrections to the report.
The legal regime for the seabed beyond national jurisdiction (which covers 54% of the global ocean) is an integral and fundamental part of the international system for ocean governance under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which is often referred to as the ‘constitution for the ocean’. The ISA is established by the Convention to manage the mineral resources of the deep seabed, which are designated ‘the common heritage of mankind’ on behalf of all humanity.
As a regulatory body, ISA’s role is to allow the sustainable development of mineral resources in a way that balances the need for minerals with rigorous environmental protection. Under international law, no State may explore for or exploit mineral resources in the deep seabed except under a contract with ISA and under the stringent conditions specified in UNCLOS and ISA regulations.
ISA is an intergovernmental organization and its decisions are made by consensus among its 168 Members, all having one vote, with all States and interests represented. ISA also welcome 90 Observers including 28 non-governmental organizations (including Greenpeace) that all have the right to share their views and concerns.
UNCLOS also gives ISA complete and unequivocal jurisdiction to manage environmental impacts of deepsea mining wherever they may occur; be it in on the seafloor or water column. All applications for exploration rights must be accompanied by an assessment of the potential environmental impacts of the proposed activities and by a description of a programme of oceanographic and baseline environmental studies in accordance with international law. The regulations of ISA contain the most highly developed rules for environmental impact assessment for any activity in the ocean beyond national jurisdiction. Even more stringent rules are currently under development for the exploitation phase.
The legal regime to regulate prospecting, exploration and future exploitation of deep-sea minerals is being developed in a transparent public forum of consensus-building by the international community and in compliance with international law. It is anchored in the driving principle that the proceeds of deep-seabed mining will be shared on a basis of equity, in a transparent manner, and for the benefit of mankind as a whole. There is no other comparable regime that places protection of the environment and benefit to humanity at the front and centre of its mandate.
The claim that the “allocation of an exploration license (sic) covering the Lost City illustrates the limits of ISA’s ability to take decisions that are consistent with the precautionary approach and ecosystem-based approaches” is a good example of the factual inaccuracies and misrepresentations contained in the report. First, exploration activities are not different from any marine scientific research projects currently undertaken in areas beyond national jurisdiction. They have no or extremely low environmental impact, as they consist primarily of environmental sampling, geological studies and mineral assessment. Scientists have in fact been studying the Lost City in this way for more than 20 years. Second, the fact that it has been recognized as an ecologically and Biologically Significant Area (EBSA) under the Convention on Biological Diversity (CBD) has no relevance. Not only because the scope of the CBD does not extend to the international seabed Area, where ISA operates – but also because EBSAs are neither a conservation measure nor a management tool in and of themselves. They are simply scientific and technical descriptions of the ecological attributes of certain marine areas. Third, like the CBD, the 1972 World Heritage Convention of UNESCO applies only to areas within national jurisdictions. This was formally confirmed to ISA by the World Heritage Centre of UNESCO in 2018.
The report also misrepresents the position of ISA within the context of the Intergovernmental Conference on an international legally binding instrument under UNCLOS established by the United Nations General Assembly (Res 72/249) (referred to by Greenpeace as ‘negotiations for a Global Ocean Treaty’). Despite the interpretation given by Greenpeace of the mandate of the Conference, the General Assembly formally indicated that any future treaty would be an implementing agreement under UNCLOS and will have to ensure not only conservation but also sustainable use of marine biological diversity (Res 69/292, 72/249). Additionally, as decided by the UN General Assembly itself, this future legally binding instrument should be fully consistent with UNCLOS and should not ‘undermine the existing legal framework’ including the regime for the deep seabed under which States have the right to explore for and exploit deep-seabed minerals under the conditions set by ISA. It is this important condition that international organizations such as ISA and IMO have jointly reiterated.
These few elements are only a limited series of mistakes and inaccuracies found in the report. In line with its policy of public access and transparency, ISA will be streaming online the meetings of its Council and Assembly from 17-26 July 2019. We invite everyone to join and learn more about the work undertaken by the global community through ISA to ensure sustainable management of a global public good for present and future generations.
Deep sea marine science is key to unlocking the potential of our oceans
17 May 2019
Mr. Michael W. Lodge, Secretary General of ISA and Mr. Vladimir Ryabinin, Executive Secretary of IOC-UNESCO
There has never been a time of greater promise or greater challenge for the future of our oceans. This is the topic on everyone’s minds as the international community gathers in Copenhagen this week for the first Global Planning Meeting for the UN Decade of Ocean Science for Sustainable Development (2021-2030).
From transforming the scientific capacity of Pacific island countries dependent on the ocean for their survival, to increasing ocean literacy for the sustainable development of Africa’s Blue Economy - international cooperation to advance deep sea marine science will be key to unlocking the potential of our oceans.
The role of ocean science in furthering the 2030 Agenda for Sustainable Development is widely recognized. In 2017 the UN General Assembly declared the UN Decade of Ocean Science for Sustainable Development for 2021-2030 to foster scientific research and technological innovation in support of a healthier, more sustainable ocean. An initiative led by the Intergovernmental Oceanographic Commission of the UN Educational, Scientific and Cultural Organization (IOC-UNESCO).
In his annual report on ‘Oceans and the Law of the Sea’, released in March 2019, the UN Secretary-General, underlines the cross-cutting role of ocean science in the achievement of the Sustainable Development Goals (SDGs). This is at the core of the International Seabed Authority’s (ISA) mandate. Indeed, ISA’s mission is to promote and encourage the conduct of marine scientific research in the international seabed area, and especially to facilitate effective participation by developing States in deep sea exploration and research programmes.
Recognizing these synergies, IOC-UNESCO and ISA have joined forces to achieve shared objectives, such as improved mapping of the seabed and enhancing ocean observing networks. By building inclusive, innovative and transformative partnerships, IOC-UNESCO and ISA are meeting their strategic objectives and those of the UN Decade - to universally foster action to advance ocean science for the benefit of all mankind as a whole.
There is no doubt that ocean science will be critical for the survival of our planet. Nearly 3 billion people depend on marine and coastal biodiversity to meet their needs. The ocean absorbs around a third of the CO2 produced by humans and reduces the impact of climate change. Yet we still know so little about the cumulative effects of the human activities on our oceans. According to the IOC’s 2017 Global Ocean Science Report, national spending on ocean sciences only accounts for between 0.04 to 4 per cent of the total invested in research and development.
Indeed, the ocean remains one of the least known areas of the planet. It covers 71 per cent of the globe, yet we have explored less than 5 per cent of it. Covering 54 per cent of the world’s oceans, the international deep seabed is at the center of this new frontier. The rich biodiversity and large mineral deposits found on the sea floor create exciting challenges and opportunities to further develop a sustainable future. Yet our knowledge of the seabed in areas beyond national jurisdiction, including the interaction between the physical structures and the biota in those areas remains limited.
But things are changing. In light of new developments in science and technology, as well as shifting economic circumstances, commercial interest in deep sea mining has grown rapidly in recent years. Over the last decade, ISA has issued 29 contracts for exploration of the international deep seabed area, involving 22 different countries, covering 0.7 per cent of the world’s seabed. Most of these are in the abyssal plains of the Clarion-Clipperton Zone, a region spanning 5,000 kilometers across the central Pacific Ocean.
The research undertaken as part of these contracts is the main source of data and knowledge helping us to better understand the deep seabed ecosystems and functions. It is through this research that we will be able to identify the best measures required to protect the marine environment from the effect of human impact.
This will be crucial as ISA finalizes the draft Mining Code for deep seabed mining in the international seabed area. ISA has led several rounds of global stakeholder consultation with its 168 Member States and Observers from civil society and international organizations over the last five years to develop the draft regulations.
More than ever international cooperation to advance marine scientific research in the deep seabed is required and will be key to the sustainable development of our oceans. Strengthening multidisciplinary and cross-sectoral multi-stakeholder cooperation at all levels will be essential to addressing capacity and other gaps in ocean science.
The partnership between ISA and IOC-UNESCO is a vivid example. This common mandate to promote international cooperation and capacity-building has been formalized by the signing of the Memorandum of Understanding in 2001. By working together we can improve deep sea marine science and unlock the potential of our oceans.
This year, as we move toward the launch of the UN Decade of Ocean Science for Sustainable Development (2021-2030), the need to develop and execute concrete investment and implementation strategies to advance ocean science takes on a renewed urgency.
We are all dependent on the ocean for survival. Together, we must build the capacity of Member States, civil society and the private sector to address knowledge gaps and enable action at all levels to deliver, together, the ocean we need for the future we want.
Regulation is key to the sustainable development of deep seabed mining
A guest blog by Michael Lodge, Secretary-General of the International Seabed Authority | Originally published in The Economist, Tuesday 2 April 2019
Deep sea mineral exploration is one of the most tightly regulated activities in the ocean. Under international law, exploration, as distinct from marine scientific research (which is open to all States), may only be undertaken under a contract with the International Seabed Authority (ISA), an intergovernmental organization based in Jamaica and established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
UNCLOS – the ‘constitution for the oceans’ – took the important step of setting aside the deep seabed beyond national jurisdiction and its mineral resources as the ‘common heritage of mankind’. It gave the ISA the exclusive mandate to manage deep sea mineral resources for the benefit of mankind. As a result, the deep-sea mining regime in UNCLOS is the most innovative legal regime ever designed by humankind for the equitable and sustainable use of natural resources.
This carefully balanced but comprehensive legal regime was created to prevent a scramble for resources by technologically advanced countries in the deep sea, and to ensure that scientific research, exploration and exploitation would benefit all of humanity. It was developed to ensure mining the deep sea wouldn’t take place on a first-come, first-served basis, but rather it would fall under international management with clear global environmental standards.
Over the last 25 years, ISA has developed a comprehensive set of rules dealing with exploration for deep sea minerals. With increasing regulatory certainty, combined with rising mineral prices as demand for so-called ‘green metals’ (the metals needed to support the low-carbon transition such as copper, cobalt and nickel) surges, commercial interest has grown rapidly, particularly over the past five years. Presently, there are 29 active mineral exploration projects in the deep seabed, involving 22 different countries. Commercial exploitation was attempted in the 1970s on a small scale, but has not yet taken place, primarily due to the lack of agreement on international regulations.
Last week, a major step forward took place with the release by the ISA’s Legal and Technical Commission, a 30-member expert body, of its proposals for a draft Mining Code that would allow for commercial exploitation of deep-sea minerals. The Mining Code, which has so far taken five years to develop, including several rounds of global stakeholder consultation, will permit exploitation of the deep sea in a way that balances the need for minerals with rigorous environmental protection. The Code will require States or mining companies planning to undertake activities in the international seabed area to carry out prior environmental impact assessments, abide by stringent environmental criteria and account for continuing compliance through oversight by independent entities. Unlike comparable activities within national jurisdiction (i.e., up to a country’s 200 nautical mile on the continental shelf), which are subject to national regulation which may vary from country to country, these standards are applicable globally.
A unique feature of the regime is that it will require a portion of the financial rewards from mining to be paid to the ISA and then shared with developing countries according to ‘equitable sharing criteria’. How big those rewards will be, and how much revenue will in turn flow to the ISA, is still to be decided. In any case, it is likely that profits will be slow to roll in during the early years of exploitation, mainly as a result of the high capital costs of designing and building the specialized ships and collector vehicles that will be needed.
A big challenge here is the question of how to tackle the problem of distributing the financial rewards. UNCLOS calls for, but does not define, equity, a complex idea that resists simple formulations. For many States, the fact that deep-sea mineral resources are the common heritage of mankind suggests a redistribution of income from wealthier States to poorer States, particularly least developed and landlocked States. Others have suggested that intergenerational equity would be better served by the creation of a resource fund, like a sovereign wealth fund, that could be used to support global sustainable development goals.
The Mining Code will be reviewed by the ISA Council in July 2019. The Council, which is made up of 36 member States, has set itself a target of 2020 to finalize the Code. It is important to get it right, and it is true that complex, political, economic, technological, scientific, environmental, social, industrial and legal aspects need to be sensitively addressed to achieve a commercially viable and socially responsible industry. Nevertheless, I can think of no other activity in the ocean where we have had the chance to put the rules into place before the activity has occurred, and we should take every advantage of this opportunity.
Regulation is key to the sustainable development of deep seabed mining
Mr. Michael W. Lodge, Secretary-General, International Seabed Authority | Originally published in the China Dialogue
Mining and metals are essential to achieving the 2030 Agenda for Sustainable Development. As the world’s population continues to grow, from 7 billion today to 9.6 billion in 2050, the demand for critical metals will continue to increase. The European Commission estimates for example, that demand for copper – one of the key minerals of interest for deep seabed mining, could rise by up to 341% by 2050 compared to 2010.
Deep seabed mining has the potential to provide long term socio-economic benefits to society. The question is, how can we use this resource in a way that is sustainable, and minimises the impact on the marine environment?
The good news is, we know how.
For 25 years, the International Seabed Authority (ISA) has carried out its mandate to implement the legal regime established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), to achieve the sustainable use of marine mineral resources, for the benefit of mankind as a whole.
ISA is the only forum where all 168 Parties to UNCLOS, including 167 Member States and the European Union, cooperate to administer the mineral resources in areas beyond national jurisdictions. It is the only organization mandated to ensure equity in access to the deep seabed, along with equitable sharing of benefits and scientific knowledge, and long-term sustainability in protection of the marine environment.
Fundamentally, environmental protection is at the forefront of ISA’s responsibilities. To be approved, even exploration activities must be accompanied by an assessment of their potential impact, along with a description of a programme for oceanographic and baseline environmental studies. These requirements must be abided by in accordance with the rules, regulations and procedures adopted under consensus, by all 168 members of ISA.
Since 2012, ISA has established nine marine protected areas on the seabed of the Pacific Ocean, as part of the regional environmental management plan adopted for the Clarion-Clipperton Fracture Zone. Collectively, these protected areas cover 1.6 million square kilometers. Compare this to the total area covered by the exploration contracts in the same region of 1.3 million square kilometers.
These areas represent one of the largest applications of marine protected areas on earth. ISA is also in the process of extending regional management plans for the North Atlantic, the Indian Ocean and the North West Pacific.
In light of this, any commercial exploitation or deep seabed mining activities will not be permitted to proceed unless the 168 members of ISA are satisfied that rigorous environmental safeguards are in place, through globally applicable regulations.
As of today, ISA has approved 29 contracts for exploration of the international deep seabed area, involving 22 different countries, covering 0.7 per cent of the world’s seabed.
The research undertaken as part of these contracts is the main source of data and knowledge helping us to better understand the deep seabed environment and ecosystems. It is also through this research, that we will be able to identify the best measures required to protect the marine environment.
Over the last 25 years, ISA has developed a highly comprehensive set of rules, regulations and procedures dealing with prospecting and exploration for mineral resources in the international deep seabed area. Building on this, and as seabed activities progress, a major effort is currently underway to develop exploitation regulations, known as the Mining code, which includes a broad stakeholder consultation process.
I can think of no other activity in the ocean where we have had the luxury to put the rules into place before the activity has occurred, and I encourage everyone to participate fully in this process.
Once in place, these regulations will require any mining companies planning to undertake activities in the international seabed area, to abide by stringent criteria, and account for continuing compliance through oversight by independent entities.
The development of the regime under which mining of the deep seabed could take place occurs in a transparent, public-forum of consensus-building by the international community under international law.
It is done so within a framework of reference of environmental protection, sustainability, impact assessment and oversight. Most importantly, it is anchored in the driving principle that the proceeds of any mining of the deep seabed will be transparent, and for the benefit of mankind as a whole. This presents a unique opportunity for us to work together to ensure a sustainable future for all.