The international seabed authority isa is charged with formulating and enforcing rules for all seabed mining that takes place in waters beyond national jurisdictions. Seabed mining sbm is an experimental industrial field which involves extracting submerged minerals and deposits from the sea floor. Much of the authoritys work to date has focused on requiring exploration contractors to collect baseline data, especially on the composition and distribution of deep sea species, and conduct scientific research to better understand the potential longterm impacts of deep sea mining. The united nations convention on the law of the sea unclos, also called the law of the sea convention or the law of the sea treaty, is the international agreement that resulted from the third united nations conference on the law of the sea unclos iii, which took place between 1973 and 1982. The deep ocean below 200 metres is the largest habitat for life on earth and the. The scraping of the sea floor and pollution from mining processes can wipe out entire species many yet to be discovered. Depleting terrestrial deposits and rising demand for metals are stimulating interest in the deep sea, with commercial mining imminent. Ultimately, the economic advantages of deep seabed mining, most likely in the form of royalties paid to the authority, are to be shared for the benefit of mankind as a whole, with particular emphasis on the developing countries that lack the technology and capital to. While extensive seabed exploration has been carried out, no commercial seabed mining operation has yet been established. Deep seabed mining could have serious impacts on the ocean. United nations convention on the law of the sea wikipedia.
Deep seabed mining is justified under international law only if it benefits humankind. At present, under the united nations convention on the law of the sea unclos, any country or deep sea mining company that wishes to exploit the seabed needs an exploration contract from the international seabed authority isa. Oceanography was still an amateur science when the hms challenger left set sail in december 1872. Commercial mining activities in the deep seabed beyond national. The emerging threat of seabed mining is an urgent wakeup call. Assumption needs to be tested in light of the 2030 agenda for sustainable development. Seabed mining and deep seabed mining are two different types of mining activities. Rising demand for minerals and metals, in tandem with the depletion of landbased resources, has led to a surge of interest in marine mineral resources. But more importantly, they make a counterfactual argument that, if humanity does not mine the seabed, the shortage of. Increasing supply of certain metals would allow green technologies to be deployed at a greater scale or at a cheaper price.
Pdf seabed mining and approaches to governance of the. The united states and other industrialized countries supported the treaty that resulted in 1982 with the exception of the provisions that related to mining of resources from the seabed, ocean floor and subsoil thereof, beyond the limits of. The vents create globular or massive sulfide deposits, which contain valuable metals such as silver, gold, copper. After years of negotiations and false starts deep sea mining is close to a breakthrough. The first discovery of polymetallic nodules also begins with this historic voyage of challenger. Only 3% of the oceans are protected and less than 1% of the high seas, making them some of the least protected places on earth.
The isa was created by the united nations convention on the law of the sea unclos, a treaty ratified by most of the worlds nations although not by. Rationalizing commercial deep seabed mining through international law chapter 17 natural resources and the law of the sea international law institute series on international law, arbitration and practice, volume 2. Overview the united nations convention on the law of the sea unclos outlines the areas of national jurisdiction as a twelvenauticalmile territorial sea. The united states and the law of the sea after unclos iii. The adoption of unclos in 1982 was one of the greatest achievements of the united nations. Deep seabed mining in the pacific a concern for misereor. There are interests both for and against seabed mining, however, the science around the environmental impact of sbm is incomplete and unproven. But unclos also requires state parties to govern any seabed mining within their eezs with national regulations that conform to the environmental standards. Opportunities for the mining, offshore drilling, dredging and subsea sectors secure your place. But what about deep seabed mining that occurs outside the sovereignty of any nation.
Mining for humanity in the deep sea and outer space. Deep seabed mining beyond national jurisdiction referred to in unclos as the. Frontiers an overview of seabed mining including the. Deep seabed mining has potential to be significant source of strategically valuable rare earth elements. Miller ka, thompson kf, johnston p and santillo d 2018 an overview of seabed mining including the current state of development, environmental impacts, and knowledge gaps.
There has been a dramatic increase in the number of applications for such contracts. Use the pdf linked in the document sidebar for the official electronic format. Our rejection of the final convention was an unfortunate. Defining serious harm to the marine environment in the. New sources of rare earth minerals are critical to u. Ocean mining sites are usually around large areas of polymetallic nodules or active and extinct hydrothermal vents at 1,400 to 3,700 metres 4,600 to 12,100 ft below the oceans surface.
It was previously updated on april 3, 2017, to correct several data points regarding the status of seabed mining and the rules being developed. Noaa office of ocean exploration and research deepsea. Today, the legal uncertainties have been largely resolved, marine mining and environmental monitoring technology has advanced rapidly. Deepsea extraction technologies may soon develop to the point where exploration of seabed minerals can give way to active exploitation. Deep seabed mining proponents argue that deep seabed mining has potential environmental bene. She returned in may 1876 with vast information that laid the solid foundation of oceanography. At the same time, unclos calls for high environmental safeguards to. Isa governs deep seabed mining activities on behalf of.
Global deep sea mining technologies, equipment, and. Seabed mining and approaches to governance of the deep seabed article pdf available in frontiers in marine science 5. Malone i introduction the united states did not approve the recently completed law of the sea convention, nor will we sign it, because of our objections to the treatys provisions on deep seabed mining. Deep seabed mining treasure chest or another pandoras box. The role of small states and international law in the extraterritorial expansion of extraction volume 32 issue 2 isabel feichtner.
Deep seabed mining can result in environmental disturbance and harm to ocean ecosystems and should not be authorized. Only unclos signatory states or contractors working for a signatory. Prospects for commercial mining of deep seabed minerals had receded into the next century, which was not what was envisaged during the negotiations at the third united nations conference on the. One of the distinguishing features of unclos is its declaration that the international seabed and its mineral resources are the common heritage.
The international seabed area the part under isa jurisdiction is defined as the seabed and ocean floor and the subsoil thereof, beyond. Rosenne, the development of the regime for deep seabed mining 2002, 5966. Sponsoring state liability article 9, unclos without prejudice to the rules of international law and annex iii, article 22, damage caused by the failure of a state party to carry out its responsibilities under this partshall entail liability. For many years misereor has been working on the issue of extractive industries and the problems caused by the ruthless exploitation of natural resources among poverty stricken peoples in developing and emerging countries. The dshmra establishes an interim domestic legal regime for deep seabed mining pending adoption of an acceptable international regime.
Deep sea mining is a mineral retrieval process that takes place on the ocean floor. The environmental impact of mining can be addressed through a separate convention among states whose citizens or companies participate in mining. The international seabed authority and deep seabed mining. Seabed mining requires no international bureaucracy, but simply a system for recording seabed claims and resolving con. As the unclos deep seabed mining regime is not applicable to. Deepsea mining is the process of retrieving mineral deposits from the deep sea the area of the ocean below 200 m. Seabed mining can decide the fate of the deep ocean. Mining interests are racing to extract minerals from the ocean bottom that would be used in batteries for electric vehicles but advocates warn that in addition to its effect on the deep seabed ecosystem, mining could have the counterproductive effect of increasing global warming by releasing carbon stored in.
It appears that china, for instance, has done just that in its aggressive move to develop seabed mining for certain metals and minerals on the pacific seabed. The common of heritage of mankind as a means to assess. Dublinbusiness wirethe deep sea mining technologies, equipment and mineral targets report has been added to s offering. Under unclos, a nation must make an application to the authority for rights to develop such deep seabeds.
Deep seabed mining assumed to yield a net balance of benefits to humankind as a whole. Mining watch canada deep sea mining campaign london. Seabed mining is a process seabed mining is a process which extract minerals and resources from the seafloor. When the seabed mining bubble burst, the law of the sea treatys. Increasing interest in deepseabed mining has raised many questions surrounding its. It is this regime that long prevented the ratification of the united nations convention on the law of the sea unclos. Seabed mining can decide the fate of the deep ocean greenbiz. The possibility of mining the deep seabed has been known for several decades and was one of the driving forces behind the third united nations conference on the law of the sea unclos iii convened between 1972 and 1982. Achieving sustainable seabed mining projects with an integrated approach. China stands as an exception as it masters four steps of the value chain12 whereas many countries only control one or two steps of the value. Seabed mining in the pacific 4 seabed mining in the pacific ocean remains a speculative and experimental activity driven in large part by commercial and geostrategic competition.
Deep seabed mineral resources international seabed authority. This fact sheet was updated on june 6, 2018, to reflect updated information on deepsea mining exploration claims and the timetable for developing international seabed authority seabed mining rules. Some critics of deep seabed mining stress that article 140 of unclos demands a comprehensive analysis of the costs, including environmental costs, and benefits, including benefits from leaving ecosystems intact, of deep seabed mining and that mining may only proceed if such an analysis yields a net positive result. Possible forums for liability claims arising from deep. Deep seabed mining could have serious impacts on the ocean environment and the future livelihoods and wellbeing of coastal communities. Convention on the law of the sea unclos, the area and its resources are designated in article 6 as the common. To a large extent, environmental prospects for seabed mining hinge on the deliberations of a group called the international seabed authority isa. This document has been published in the federal register.
This report aims to stimulate interest in the deep ocean and the discussions surrounding its potential development, with a specific focus on deepsea mining of hard metalbearing minerals. The law of the sea treaty competitive enterprise institute. Sea unclos, the international seabed authority isa is charged with ensuring. Since 2001, the international seabed authority isa has granted 26 contracts 18 in the last 4 years to explore for minerals on the deep seabed, encompassing. Deep sea mining developing states united nations convention on the law of the sea international seabed authority abstract a key objective of the united nations convention on the law of the sea unclos as stated in its preamble, is to contribute to the realisation of a just and equitable international economic order which takes. The international legal framework for deep sea mining. Unclos in part xi, together with its 1994 implementation agreement relating to part xi, sets forth the international legal framework for activities related to deep seabed mining and marine scientific research in. In the interests of ensuring equitable, rational and sustainable development of seabed mineral resources, unclos designates the seabed area and its resources as the common heritage of mankind unclos, part xi, art. Understanding industry dynamics and market potential. Although no commercial scale deepsea mining has taken place, a range of mining operations are active in the shallow seabed. The essay discusses both the advantages and disadvantages of the deep seabed mining with a strong emphasis on the contribution made by the common heritage of mankind principle. Whether deep seabed mining should proceed or not is rarely asked. Deep seabed mining is the process by which the mineral resources are retrieved from the area of the ocean below 200m. The specific impact of seabed mining on deepsea marine life, habitats and the larger ocean ecosystem remains largely unknown.
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