After over a decade of discussions, the International Seabed Authority (ISA) is once again meeting to finalise regulations for deep-sea mining in international waters. This marks another significant step in the ongoing process to establish guidelines for the exploitation of ocean floor minerals such as cobalt, nickel, and manganese. With corporate interests mounting, particularly from companies like Canada’s The Metals Company, the urgency of the negotiations has intensified.
The ISA, established in 1994 under the UN Convention on the Law of the Sea (UNCLOS), is tasked with managing both the exploration of mineral resources and the protection of the marine environment. The dual responsibility of overseeing commercial mining while ensuring ecological safeguards has become a central point of contention. Many environmental groups and countries are calling for a moratorium on seabed mining, fearing that insufficient environmental protections will lead to irreversible damage to fragile ocean ecosystems.
As talks resume, negotiators have yet to reach consensus on several key issues, and the process remains highly contentious. A 250-page draft document filled with amendments and unresolved disagreements now guides the discussions. Over 2,000 textual elements are still under debate, and Emma Wilson from the Deep Sea Conservation Coalition highlighted the significant challenges in resolving these disputes.
For mining companies to proceed, they must be sponsored by a country and submit their mining applications to the ISA’s legal and technical commission. However, many critics argue that the commission is too industry-friendly and lacks transparency, making it difficult to reject favorable recommendations. The draft mining code includes provisions for initial contracts lasting 30 years, with the possibility of five-year extensions, which raises concerns over the long-term implications for ocean health.
Environmental protections are another point of heated debate. While mining companies are required to conduct environmental risk assessments, the lack of scientific data about deep-sea ecosystems makes these surveys unreliable, according to several NGOs. Additionally, the inclusion of protections for “underwater cultural heritage” is under negotiation, with some Pacific nations demanding explicit safeguards.
Ensuring compliance with the regulations remains another unresolved issue. While the draft code calls for inspections and evaluations of mining companies, the practicalities of enforcing these measures are unclear, leading some to question their effectiveness.
Profit-sharing is also a contentious issue, as the seabed’s resources are considered the “common heritage of mankind” under UNCLOS. The draft code stipulates that companies must pay royalties to the ISA based on the value of the metals extracted, but the percentage of these royalties is still up for debate. While a working group has suggested royalties of between 3% and 12%, many African nations are advocating for a much higher rate of 40%, arguing that this would be a more just share for the global community.
As the negotiations continue, the stakes are high, with environmental groups and developing nations demanding stronger protections while industry stakeholders push for looser restrictions to enable commercial mining. The outcome of these talks could shape the future of deep-sea mining and its impact on the world’s oceans for years to come.
