Protest at Sea against Deep Sea Mining: Lawfulness, Limits and Remedies

Author(s):  
Klaas Willaert

Abstract Protest at sea has been on the rise and this trend has now also manifested itself within the context of deep sea mining. In May 2021, Greenpeace activists approached the Normand Energy, a ship chartered by Belgian deep sea mining contractor Global Sea Mineral Resources (GSR), and interfered with its operations by painting slogans on the hull of the vessel and attaching banners to the umbilical cord of GSR’s prototype nodule collector. On the basis of applicable international principles and provisions, such actions can be considered unlawful, but adequate enforcement and effective remedies are lacking.

Minerals ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 221
Author(s):  
Yan Li ◽  
Chang Liu ◽  
Sihan Su ◽  
Mengdan Li ◽  
Shaojun Liu

The international seabed area (i.e., the “Area”) is rich in mineral resources. According to the United Nations Convention on the Law of the Sea (UNCLOS) and the relevant implemented agreements, in 2012, the International Seabed Authority (ISA) began to develop the regulations for the exploitation of mineral resources in the Area. The most important part of the regulations involves determining the distribution of benefits from the exploitation of mineral resources in the Area between the ISA and the contractors. The establishment of a financial model to evaluate the economic benefits and compare the distribution scheme was the basic method relied on in the current study of payment mechanism. According to the characteristics of the exploitation project of mineral resources in the Area, the discounted cash flow method was selected to construct the financial model. Taking China’s deep-sea mineral resources development project in the Area as the background, the main parameters of the model were determined. A comparative study of similar financial models with Massachusetts Institute of Technology (MIT) and other foreign countries was carried out, in addition to a sensitivity analysis of parameters. On the basis of the assurance that the contractor’s internal rate of return was not lower than the level of the land mining enterprise, the financial model was used to calculate the internal rate of return and the revenue of royalty under different payment mechanisms and rates. The advantages and disadvantages of different payment mechanisms in the exploitation of mineral resources in the area were analyzed. Lastly, the possible impacts of deep-sea polymetallic nodule mining on Terrestrial metal markets were highlighted.


2018 ◽  
Author(s):  
Tina Molodtsova ◽  
Christopher Kelley ◽  
Lénaick Menot ◽  
Les Watling

Depletion of commercially valuable minerals on land and increased need of such resources for modern electronics and manufacturing is attracting more and more attention to deep-sea mineral deposits such as cobalt crusts, manganese nodules, phosphorites, polymetallic sulfides and even deep-sea ooze. In a few years we expect intensive exploitation in the deep-sea. Being suspension feeders, corals and sponges associated with hard substrata in potential mining sites would be adversely impacted by deep-sea mining. Deep-sea corals and sponges are characterized by extremely slow growth rates and, as can be seen from fishery impacts, they may take decades to centuries to restore. At the same time, they serve as a substrate, shelter and food for a number of associated deep-sea organisms, thus increasing the cumulative impact of their loss. We summarize here the available data on coral and sponge communities of solid deep-sea ore deposits and possible mechanisms driving their diversity.


Minerals ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 3 ◽  
Author(s):  
Sang-Joon Pak ◽  
Inah Seo ◽  
Kyeong-Yong Lee ◽  
Kiseong Hyeong

The critical metal contents of four types of seabed mineral resources, including a deep-sea sediment deposit, are evaluated as potential rare earth element (REE) resources. The deep-sea resources have relatively low total rare earth oxide (TREO) contents, a narrow range of TREO grades (0.049–0.185%), and show characteristics that are consistent with those of land-based ion adsorption REE deposits. The relative REO distributions of the deep-seabed resources are also consistent with those of ion adsorption REE deposits on land. REEs that are not part of a crystal lattice of host minerals within deep-sea mineral deposits are favorable for mining, as there is no requirement for crushing and/or pulverizing during ore processing. Furthermore, low concentrations of Th and U reduce the risk of adverse environmental impacts. Despite the low TREO grades of the deep-seabed mineral deposits, a significant TREO yield from polymetallic nodules and REE-bearing deep-sea sediments from the Korean tenements has been estimated (1 Mt and 8 Mt, respectively). Compared with land-based REE deposits, deep-sea mineral deposits can be considered as low-grade mineral deposits with a large tonnage. The REEs and critical metals from deep-sea mineral deposits are important by-products and co-products of the main commodities (e.g., Co and Ni), and may increase the economic feasibility of their extraction.


2018 ◽  
Vol 20 (3) ◽  
pp. 454-468
Author(s):  
Wenbin Ma ◽  
Cees van Rhee ◽  
Dingena Schott

Since the gradual decrease of mineral resources on-land, deep sea mining (DSM) is becoming an urgent and important emerging activity in the world.


Marine Policy ◽  
2016 ◽  
Vol 70 ◽  
pp. 175-187 ◽  
Author(s):  
S. Petersen ◽  
A. Krätschell ◽  
N. Augustin ◽  
J. Jamieson ◽  
J.R. Hein ◽  
...  

1993 ◽  
Vol 109 (6) ◽  
pp. 435-439
Author(s):  
Natsumi KAMIYA
Keyword(s):  
Deep Sea ◽  

Author(s):  
Klaas Willaert

Abstract Beyond national jurisdiction, the deep seabed and its mineral resources are designated as the ‘common heritage of mankind’. Nevertheless, the governing legal framework does not only consist of international instruments, as domestic legislation issued by sponsoring States also plays a decisive role. The legitimacy of certain national provisions can be questioned though, taking into account the duty to carry out activities in the Area for the benefit of mankind as a whole. For instance, can a sponsoring state demand that the proposed mining activities are in the public interest of the State? Are they allowed to generate revenue by introducing a recovery fee or other taxes? Should developing States enjoy more leeway, given the particular consideration for their interests and needs in the Law of the Sea Convention? This article analyses to what extent creeping national interests in domestic legislation on deep sea mining are in accordance with international law.


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