As in-person negotiations on the future of exploitation in the deep ocean resume this week in Kingston Jamaica, we reflect back on the last two years of development as reported on our sister site, the Deep-sea Mining Observer. This article first appeared on August 26, 2021.

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The Republic of Nauru turned the deep-sea mining world on its head this summer when it invoked Article 15, colloquially known as the Trigger, starting a 2-year countdown on the finalization of mining regulations for polymetallic nodules in areas beyond national jurisdiction. This countdown means that commercial deep-sea mining could potentially commence within 3 years. But that commencement depends on a suite of benchmarks, both procedural and technological, that have yet to be met. 

While Nauru and its deep-sea mining contractor, Nauru Ocean Resources Inc. (a wholly owned subsidiary of The Metals Company), emphasize the urgency of unlocking seafloor metals to accelerate the transition to a fossil fuel-free future, many stakeholders have expressed surprise at what they feel is a premature invocation of a rule designed to prevent oppositional member states from stonewalling progress on a mining code. 

The two year clock doesn’t guarantee that a mining code will be complete within that time frame, but rather that either the mining code be finalized or a submitted Plan of Work be considered by the Council based on current and best-available standards and guidelines. Though The Metals Company has stated in the past that it would not support invoking Article 15 unless it was certain it had the backing of the majority of the Council, those political winds could easily change in the next three years, and the Council retains the authority to reject a Plan of Work. 

It remains to be seen whether and if a mining code drafted under ticking clock of the two-year countdown will be more or less amenable to the preferences of deep-sea mining contractors and their sponsor states, but initial responses from delegations representing ISA Council members, the Legal and Technical Commission, and observers suggest that invoking Article 15 is just as likely to backfire on the Republic of Nauru and The Metals Company. 

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As in-person negotiations on the future of exploitation in the deep ocean resume this week in Kingston Jamaica, we reflect back on the last two years of development as reported on our sister site, the Deep-sea Mining Observer. This article first appeared on November 19, 2021.

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Throughout the 26th Session of the International Seabed Authority, during both the council meeting and via media interviews, deep-sea mining contractors have begun to talk about “the trigger”. The trigger is a protocol within UNCLOS which would allow sponsoring states to jumpstart the deep-sea mining process, placing a ticking clock on the development of the mining exploitation regulations. Annex I, Section 1(15) of the 1994 Agreement on the Implementation of Part XI of UNCLOS (colloquially referred to as “Article 15” or more informally, “the trigger”) allows a sponsoring state to expedite the current mining code negotiations by submitting a plan of work for a contractor that is imminently ready to begin production. 

Article 15 lays out the conditions under which a sponsoring state could initiate deep-sea mining in the Area absent a finalized mining code. If a sponsoring state submits a plan of work for a commercial deep-sea mining operation, that action starts a two-year countdown. If there is no approved code by the two-year deadline, the contractor and sponsoring state can move forward with exploitation in accordance with their own submitted plan of work and a set of provisional regulations that have been approved by the Council. 

“Without this provision,” says Pradeep Singh of the Institute for Advanced Sustainability Studies, “it was technically possible pursuant to UNCLOS for one or a few Council members to deploy filibuster tactics to frustrate or impede the adoption of key regulations. With the introduction of this provision and in the context of exploitation activities, it is possible for a member state of the Authority to request for exploitation regulations to be adopted by the Council within a prescribed period of two years from the date of the request, failing which, it would still have to consider any application submitted for exploitation activities despite the absence of the said regulations.”

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As in-person negotiations on the future of exploitation in the deep ocean resume this week in Kingston Jamaica, we reflect back on the last two years of development as reported on our sister site, the Deep-sea Mining Observer. This editorial first appeared on September 30, 2021.

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Opinion by Andrew Thaler, DSMO Editor-in-Chief

The International Seabed Authority published their provisional roadmap for the next two years of international negotiations, optimistically culminating with the approval of the Mining Code for polymetallic nodules in areas beyond national jurisdiction. This ambitious goal depends upon the ability to resume ISA sessions in Kingston, a scenario that continues to be unlikely, with many participants and stakeholders expressing doubt that in-person meetings will resume before boreal summer 2022. 

The ISA hopes to get at least a few delegations to return to Jamaica before the end of the year. As part of their new schedule, they expect to hold a much-abridged meeting of the Assembly and Council this December. The ISA is encouraging member states to send small delegations of no more than 2 individuals or use already in-country representatives from existing permanent missions. Observers are limited to sending a single individual. Even with a smaller format, several stakeholders have expressed doubts that the ISA will be able to gather enough members for a quorum. 

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As in-person negotiations on the future of exploitation in the deep ocean resume this week in Kingston Jamaica, we reflect back on the last two years of development as reported on our sister site, the Deep-sea Mining Observer. This editorial first appeared on August 27, 2021.

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Opinion by Andrew Thaler, DSMO Editor-in-Chief

As we enter the final quarter of 2021, with a global pandemic still raging across all but a few countries and impacting supply chains and critical work throughout the world, it looks increasingly unlikely that an in-person session of the ISA will be possible before 2022, marking two years of substantially diminished progress on the development of the mining code and increasing frustration among stakeholders. Some of the most important voices at the negotiating table continue to struggle to get the latest outbreak under control. India, Russia, the UK, and Japan are not only among the top ten countries with the most new Covid cases as of this week but are ISA member states that sponsor mining contractors (at least one other contractor-sponsoring member state has stopped reporting new cases, while the United States, though not a member state, is also in the midst of a pandemic surge and contributes capacity and expertise to ISA negotiations).

In light of this global progress slowdown, not just for deep-sea mining, but among a host of international challenges and objectives, the push for urgency among some mining contractors and sponsoring states simply does not add up.

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As in-person negotiations on the future of exploitation in the deep ocean resume this week in Kingston Jamaica, we reflect back on the last two years of development as reported on our sister site, the Deep-sea Mining Observer. This article first appeared two years ago, on March 19, 2020.

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The 26th Session of the International Seabed Authority convened this February to continue the long and complex negotiations over the draft Mining Code and work towards consensus among the various stakeholders. 2020 was set as the target year to get the Mining Code finalized, but many delegates left Jamaica feeling frustrated with the pace of deliberations and a growing sense that the 2020 deadline was far too optimistic. Chief among the challenges was a recognition that the Council is now further from reaching agreement on the financial model than it was at the end of the 25th Session and a lack of clarity over the composition of the Legal and Technical Commission as it pertains to the representation of both geographic distribution and technical expertise.

Procedural Gridlock slows negotiations

The overwhelming sentiment of member state delegates, NGO’s, and even contractors was a sense of dysfunction and confusion, best highlighted by the fact that over a 5-day meeting, the Council went through three new presidents. First, as outgoing Council President Lumka Yengeni was absent from the meeting, outgoing regional Vice-president Luis del Solar assumed the chair to preside over the selection of a new council president. Usually, a Regional Group arrives at the ISA with a nominee for council president already prepared. Not this time. A three hour delay to select the president of the 26th Session of the ISA on the morning of the first day set the tone for the week. 

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As in-person negotiations on the future of exploitation in the deep ocean resume this week in Kingston Jamaica, we reflect back on the last two years of development as reported on our sister site, the Deep-sea Mining Observer. This article first appeared two years ago, on March 18, 2020.

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When the first part of 26th Session of the International Seabed Authority convened last month, there was a new stakeholder impacting the pace of deliberations. COVID-19 had just begun to spread beyond China and nations across the world were limiting travel in the hopes of containing the outbreak. With Jamaica imposing a 14-day quarantine on any traveler coming from China, the Chinese delegation was notably absent, with a delegation from the New York mission standing in for their colleagues. But they weren’t the only delegation affected. Multiple delegates whose travel was supported by the Commonwealth we’re also unable to attend. 

Though those absences did slow down deliberations and cast a pallor over the proceedings, they were nothing compared with what happened next. 

Earlier this week, Forbes published a contributor article entitled “Will Ocean Seabed Mining Delay The Discovery Of Potential Coronavirus Vaccines?” Though hyperbolic in its reaction to an industry which has yet to even begin production, ironically Forbes may have gotten the situation reversed: long before deep-sea mining has even the remote potential to delay the development of novel pharmaceuticals, the COVID-19 pandemic will almost certainly delay the development of deep-sea mining. 

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