Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 3 Advancing the Deep Seabed ‘Mining Code’: Key Environmental Elements of the Regulatory Framework for the Commercial Exploitation of Mineral Resources

This chapter examines the key environmental elements of the International Seabed Authority's (ISA) ‘Mining Code’, a regulatory framework for the commercial exploitation of mineral resources. The term ‘Mining Code’ refers to the whole comprehensive set of rules, regulations and procedures issued by the ISA to regulate prospecting, exploration and exploitation of minerals. The set of rules includes the collaboration of the respective responsibilities of deep seabed explorers and of the ISA in order to ensure environmentally sustainable development of deep seabed mineral resources. The chapter first provides an overview of the general regulatory framework for deep seabed mining, which is a contract-based system, before discussing the continuous legal evolution of the Mining Code. It also considers the generic issues that need to be addressed in relation to the future exploitation of minerals and explains why exploitation-related environmental regulations must be an integral component of advancing the Mining Code.

International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction

The Journal of World Investment & Trade ◽

10.1163/22119000-12340114 ◽

2018 ◽

Vol 19 (5-6) ◽

pp. 890-929

Author(s):

Joanna Dingwall

Keyword(s):

Mineral Resources ◽

International Investment ◽

Investment Protection ◽

Valuable Metals ◽

Exploratory Stage ◽

National Jurisdiction ◽

Deep Seabed Mining ◽

Abstract The deep seabed beyond national jurisdiction comprises almost three-quarters of the entire surface area of our oceans. It boasts an array of mineral resources, including valuable metals and rare earth elements. Acting under the United Nations Convention on the Law of the Sea, the International Seabed Authority is responsible for regulating this area and granting mining contracts to allow investors to explore for and exploit deep seabed minerals. As yet, deep seabed mining activities have been confined to the exploratory stage. However, recently, there has been a marked growth in deep seabed investment by private corporate actors. As technology advances and commercial appetite increases, extraction of deep seabed minerals may soon commence. In this context, this article seeks to address crucial legal issues facing pioneers of deep seabed mining. What is the extent of investment protection within the existing regime? And are there dispute resolution options to enforce such protection?

The Deep Seabed beyond National Jurisdiction and the Rise of Mining Activities within it by Non-state Actors

10.1093/oso/9780192898265.003.0003 ◽

2021 ◽

pp. 45-67

Author(s):

Joanna Dingwall

Keyword(s):

Rare Earth ◽

Rare Earth Elements ◽

Continental Shelf ◽

Mineral Resources ◽

Mining Activities ◽

National Jurisdiction ◽

Deep Seabed Mining ◽

Seabed Mining ◽

Technological Analysis

Chapter 2 addresses the importance of the deep seabed beyond national jurisdiction and charts the rise in mining activities within it, drawing on scientific, geological and technological analysis, where appropriate, to place deep seabed mining in its broader context. In order to do so, Chapter 2 assesses the scope of the deep seabed beyond national jurisdiction (in contrast to the maritime zones under national jurisdiction, including the continental shelf). The chapter then examines the types of mineral resources that the deep seabed contains (including the potential for rare earth elements). Thereafter, the chapter explores the likely viability of deep seabed mining, both in terms of its impact on the marine environment, and in light of technological challenges and market prospects. Chapter 2 also provides an overview of the current extent of mining activities authorised by the International Seabed Authority (ISA).

The IMLI Treatise On Global Ocean Governance

10.1093/law/9780198823964.001.0001 ◽

2018 ◽

Keyword(s):

United Nations ◽

Environmental Sustainability ◽

Marine Pollution ◽

World Intellectual Property Organization ◽

Global Ocean ◽

Ocean Governance ◽

Drugs And Crime ◽

Seabed Mining ◽

Ocean Law

In 1994, a long-debated compromise on the issue of seabed mining became the starting pistol for the development of modern ocean law and its complex interrelations. Now, over twenty years later, the framework set by such agreements as the 1982 United Nations Convention on the Law of the Sea (UNCLOS) has been expanded to cover contemporary concerns of environmental sustainability, economic development, social justice, human rights, security, marine pollution, and even the challenges of climate change. Yet the journey is not smooth. This book forms part of a three-volume series that looks to examine the more successful ocean law schemes and the less effective, and presses the need for change, as scientific and technological innovation, the surge in human population, and pressing moral concerns open new spaces for ocean law. In the second volume in the series, autonomous organisations working under the auspices of the UN are the target, from the World Intellectual Property Organization to the United Nations Office on Drugs and Crime: are they ensuring sustainable development, are efforts adequately administrated, and how much co-ordination is there between different legal bodies?

Part XI of the Law of the Sea Convention and Third States: Some General Observations

The Cambridge Law Journal ◽

10.1017/s0008197300108359 ◽

1989 ◽

Vol 48 (1) ◽

pp. 85-97 ◽

Cited By ~ 4

Author(s):

Stephen Vasciannie

Keyword(s):

International Law ◽

The United States ◽

Regulatory Control ◽

Law Of The Sea ◽

Exploration And Exploitation ◽

The Law ◽

Deep Seabed Mining ◽

Seabed Mining ◽

Near Future

On 30 April 1982, after almost a decade of careful negotiations at the Third U.N. Conference on the Law of the Sea, the Law of the Sea Convention was adopted by the positive votes of 130 States. In one of its main sections, Part XI, the Convention sets out a detailed regime for the exploration and exploitation of the deep seabed and its resources and firmly places deep seabed mining under the regulatory control of the International Seabed Authority, to be established in Jamaica. However, as is well known, the United States and certain other Western countries have adopted a negative posture towards various aspects of Part XI and, for this reason, they are unlikely to ratify the 1982 Convention in the near future. Against this background, the question whether the provisions in Part XI may be binding evenvis-à-visnon-parties to the LOSC has assumed considerable importance in contemporary international law.

Potential impacts of polymetallic nodule removal on deep-sea meiofauna

Scientific Reports ◽

10.1038/s41598-021-99441-3 ◽

2021 ◽

Vol 11 (1) ◽

Author(s):

Ellen Pape ◽

Tania Nara Bezerra ◽

Hendrik Gheerardyn ◽

Marius Buydens ◽

Amanda Kieswetter ◽

...

Keyword(s):

Mineral Resources ◽

Taxonomic Composition ◽

Small Scale ◽

Sampling Effort ◽

Polymetallic Nodule ◽

Abundance And Diversity ◽

Clarion Clipperton Fracture Zone ◽

Deep Seabed Mining ◽

Management Recommendations ◽

AbstractDeep seabed mining is potentially imminent in the Clarion Clipperton Fracture Zone (CCFZ; northeast Pacific). Seabed collectors will remove polymetallic nodules and the surrounding surface sediments, both inhabited by meiofauna, along their path. To determine potential impacts of polymetallic nodule removal, we investigated the importance of nodule presence for the abundance, composition and diversity of sediment meiofauna, and evaluated the existence and composition of nodule crevice meiofauna in the Global Sea Mineral Resources (GSR) exploration contract area. Nodule-free and nodule-rich sediments displayed high biodiversity with many singletons and doubletons, potentially representing rare taxa. Nodule presence negatively influenced sediment meiofaunal abundances but did not markedly affect taxonomic composition or diversity. This is the first report on CCFZ nodule crevice meiofauna, whose abundance related positively to nodule dimensions. Though dominated by the same taxa, nodules and sediments differed regarding the taxonomic and trophic composition of the meio- and nematofauna. Nevertheless, there were no taxa endemic to the nodule crevices and nodule crevice meiofauna added only little to total small-scale (~ cm) meiofaunal abundance and diversity. We formulated environmental management recommendations at the contract area and regional (CCFZ) scale related to sampling effort, set-aside preservation and monitoring areas, and potential rehabilitation measures.

Potential Impacts of Polymetallic Nodule Removal On Deep-Sea Meiobenthos

10.21203/rs.3.rs-612300/v1 ◽

2021 ◽

Author(s):

Ellen Pape ◽

Tania Bezerra ◽

Hendrik Gheerardyn ◽

Marius Buydens ◽

Amanda Kieswetter ◽

...

Keyword(s):

Mineral Resources ◽

Small Scale ◽

Sampling Effort ◽

Polymetallic Nodule ◽

Polymetallic Nodules ◽

Abundance And Diversity ◽

Clarion Clipperton Fracture Zone ◽

Deep Seabed Mining ◽

Management Recommendations ◽

Abstract Deep seabed mining is imminent in the Clarion Clipperton Fracture Zone (CCFZ; northeast Pacific). Seabed collectors will remove the polymetallic nodules and the surrounding surface sediments, both inhabited by meiobenthos, along their path. To determine potential impacts of polymetallic nodule removal, we investigated the importance of nodule presence for sediment abundance, composition and diversity of meiobenthos, nematodes and copepods, and evaluated the existence and composition of nodule crevice meiobenthos in the Global Sea Mineral Resources (GSR) exploration contract area. Nodule-free and nodule-rich sediments displayed high biodiversity with many singletons and doubletons, potentially representing rare taxa. Nodule presence negatively influenced sediment meiobenthic abundances but did not markedly affect community composition or diversity. This is the first report on CCFZ nodule crevice meiobenthos, whose abundance related positively to nodule dimensions. Though dominated by the same taxa, the meio- and nematofauna differed between sediments and nodules regarding community and functional composition. Nevertheless, there were no taxa endemic to the nodule crevices and nodule crevice meiobenthos added only little to total small-scale (~ cm) meiobenthic abundance and diversity. We formulated environmental management recommendations at the contract area and regional (CCFZ) scale related to sampling effort, set-aside preservation and monitoring areas, and potential rehabilitation measures.

Introduction

10.1093/oso/9780192898265.003.0001 ◽

2021 ◽

pp. 1-10

Author(s):

Joanna Dingwall

Keyword(s):

Mining Industry ◽

Mineral Resources ◽

National Jurisdiction ◽

The Common ◽

Private Corporations ◽

Deep Seabed Mining ◽

The introduction provides an initial account of the deep seabed beyond national jurisdiction and its mineral resources, addressing the impetus towards commercialisation of this area and the increasing role of private corporations therein. It offers a summary of the key features of the deep seabed mining regime in the United Nations Convention on the Law of the Sea (UNCLOS). It introduces the important role of the International Seabed Authority (ISA) within the UNCLOS regime as custodian, regulator and enforcer, including through development of the Mining Code. The introduction explains the purposes of the study and provides an outline of its scope. It addresses the reasons why the success or otherwise of private-sector involvement may have some bearing on the future feasibility of the deep seabed mining industry and the implications that this may have for the common heritage.

Deep seabed hard mineral resources act: matrix for united states deep seabed mining

Deep Sea Research Part B Oceanographic Literature Review ◽

10.1016/0198-0254(81)91727-1 ◽

1981 ◽

Vol 28 (12) ◽

pp. 904

Keyword(s):

United States ◽

Mineral Resources ◽

Deep Seabed Mining ◽

Shades of blue: what do competing interpretations of the Blue Economy mean for oceans governance?

10.31230/osf.io/ksq6n ◽

2018 ◽

Author(s):

Michelle Voyer ◽

Genevieve Quirk ◽

Alistair McIlgorm ◽

Kamal Azmi

Keyword(s):

Oil And Gas ◽

Grey Literature ◽

Environmental Stewardship ◽

Policy Documents ◽

Ocean Governance ◽

Blue Economy ◽

Deep Seabed Mining ◽

Seabed Mining ◽

Economy Policy ◽

The Way

The ‘Blue Economy’ is an increasingly popular term in modern marine and ocean governance. The concept seeks to marry ocean-based development opportunities with environmental stewardship and protection. Yet different actors are co-opting this term in competing, and often conflicting ways. Four conceptual interpretations of the Blue Economy are identified, through examination of dominant discourses within international Blue Economy policy documents and key ‘grey’ literature. The way the Blue Economy is enacted is also examined, through an analysis of the Blue Economy ‘in practice’, and the actors involved. Finally, the scope of the Blue Economy is explored, with a particular focus on which particular marine industries are included or excluded from different conceptualizations. This analysis reveals areas of both consensus and conflict. Areas of consensus reflect the growing trend towards commodification and valuation of nature, the designation and delimitation of spatial boundaries in the oceans and increasing securitization of the world's oceans. Areas of conflict exist most notably around a divergence in opinions over the legitimacy of individual sectors as components of the ‘Blue Economy’, in particular, carbon-intensive industries like oil and gas, and the emerging industry of deep seabed mining.

Mining the Deep Seabed: Is Malaysia Ready?

Asian Social Science ◽

10.5539/ass.v13n2p107 ◽

2017 ◽

Vol 13 (2) ◽

pp. 107

Author(s):

Nik Munirah Nik Fuad ◽

Wan Izatul Asma Wan Talaat ◽

Mohd Hazmi Mohd Rusli

Keyword(s):

Marine Environment ◽

Biological Diversity ◽

Mineral Resources ◽

State Party ◽

High Concentration ◽

National Jurisdiction ◽

Deep Seabed Mining ◽

Seabed Mining ◽

Mining Exploration

The mineral industry is expanding fast coinciding with the increase in demands. The depleting land-based minerals has led to the seeking of mineral resources especially from deep sea. Deep seabed minerals have high concentration of precious metal in comparison to land-based minerals. A lot of countries have started to explore and exploit the deep seabed minerals. Thus, it is necessary for Malaysia to commence on deep seabed mining exploration to reap its economic and technological benefits. Similarly, like land mining, the marine environment will face environmental degradation from deep seabed mining exploration. Being a State-party to the United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) and Convention of Biological Diversity 1994 (CBD), Malaysia has yet to develop a set of policies, regulations and laws related to deep seabed mining to mitigate its effect to the marine environment coinciding to the requirements of these conventions. The purpose of this study is to explore the preparedness of Malaysia to embark on exploration of deep seabed mining in areas beyond the national jurisdiction while observing the effects of deep seabed mining to the marine environment. The challenges in exploring the deep seabed mining as well as the relevant international and national laws related to deep seabed mining will also be observed in this study.