World’s oceans need protection before deep-sea mining frenzy wreaks permanent damage

The failure of negotiations over how to safeguard ocean health and achieve equitable sharing of mining profits has opened the door to new projects
The intergovernmental agency in charge of the world’s seabeds now must consider and provisionally approve any mining requests, making regulation all the more urgent

James David Spellman

Published: 3:30am, 20 Jul 2023

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A deep-sea mining regime is urgently needed now that the world’s smallest island nation is forcing an intergovernmental body to permit seabed extraction of critical metals estimated to be far greater in volume than proven land-based reserves.

In June 2021, Nauru applied to the International Seabed Authority (ISA) for a mining permit on behalf of Nauru Ocean Resources Inc (NORI), a subsidiary of Canadian firm Metals Company, triggering an obscure provision under the United Nations Convention on the Law of the Sea that gave the ISA two years to establish some rules and regulations before the start of mining.

Unfortunately, the high-stakes ISA deliberations currently under way in Jamaica are floundering in their last days. The ISA counts 168 countries plus the European Union as members and exerts exclusive jurisdiction over half the earth’s surface.

Sharp, far-ranging disagreements remain. Negotiators are sparring over how to safeguard ocean health and achieve equitable sharing of mining profits among all nations as joint owners of our “common heritage”. Some hope a draft compromise will be ready for the authority’s November meetings.

These divisions differ from the familiar tensions between the Global North and Global South or those between China and the West playing out in other geopolitical arenas. The 14 countries sponsoring exploration or research contracts – Britain, China, Russia, South Korea, India, France, Poland, Brazil, Japan, Jamaica, Belgium, Nauru, Tonga and Kiribati – want a legal framework so deep-sea mining can start soon.

Some see opportunities to break China’s stranglehold on metals that are in high demand for clean-energy technologies. Deep-sea resources will be needed increasingly as the quality and quantity of terrestrial supplies diminish. According to International Energy Agency projections, total demand for such minerals could quadruple by 2040.

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Chinese companies want to strengthen their leadership in electric vehicle batteries and retain supply chain dominance for rare earths. Some countries are seeking revenue to reduce their sovereign debt.

Meanwhile, scores of marine scientists are demanding a moratorium. They warn that mining will cause a “loss of biodiversity and ecosystem functioning that would be irreversible on multi-generational timescales”. Canada, France, Germany and companies including BMW, Volvo, and Samsung support a freeze until there is sufficient evidence to assess the potential adverse consequences. They also want enforceable rules, regulations and procedures enacted to mitigate any harm.

Unable to bridge these differences, delegates are likely to leave Kingston empty-handed. They had until July 9 to adopt the world’s first environmental protections for deep-sea mining in international waters and establish a system for collecting royalties from contractors extracting the metals.

But member states have not been able to build on their historic breakthrough in March, when they updated UNCLOS after a 10-year impasse. This legally enforceable treaty grants all countries rights on the high seas to fish, enjoy “innocent passage” and conduct research. The new provisions extend such protections as mining prohibitions to at least 30 per cent of the high seas.

Since no global framework was approved in Kingston by the deadline and the chances are highly unlikely that an agreement will be struck before adjourning later this month, the ISA must now consider and provisionally approve any mining requests under existing rules.

Such rules are largely nonexistent. In principle, companies will be virtually free of encumbrances for mining seabeds that UNCLOS does not specifically protect. Extraction could begin in 2024.

Coral on Moore Reef is visible in Gunggandji Sea Country, off the coast of Queensland in eastern Australia. The United Nations body that regulates the world’s ocean floor is holding negotiations that could open the international seabed for mining, including for materials vital for the green energy transition. Conservationists worry that ecosystems will be damaged by mining, especially without any environmental protocols. Photo: AP

NORI wants to mine a tract of the Clarion-Clipperton Zone, which spans 4.5 million square kilometres (1.7 million square miles) in the north Pacific Ocean between Hawaii and Mexico. This abyssal plain holds the Earth’s most abundant supply of potato-sized polymetallic nodules exceptionally rich in certain metals, including nickel and copper, and cobalt-crusted submarine mountains. Taking millions of years to reach their current proportions, these formations rest between 3,000 and 6,000 metres (9,800 and 19,700 feet) below sea level.

UN Secretary General Antonio Guterres and the UN General Assembly have a responsibility to stop the frenzy and elevate deep-sea mining to a top priority. That can start with Guterres using his bully pulpit to flag concerns and launch high-level talks to freeze mining activities.

He could demand an acceleration in research so policymakers can better understand how mining would devastate the Earth’s fragile ecosystems and evaluate feasible mitigation approaches. The global cooperation behind the Covid-19 vaccine demonstrates the potential when countries collectively channel resources for a common purpose.

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Guterres could also signal that the United Nations is pursuing closer oversight of the ISA to address ethical concerns. A New York Times investigation revealed how the ISA selectively released data identifying the most lucrative tracts, key information that gave the Metals Company a major edge to its mining ambitions. The ISA has denied those claims, but the allegations have tarnished its credibility and objectivity.

The UN must be a more vigilant watchdog, especially now that mining contracts are close to being approved despite the legal ambiguities. Contracting an independent, third-party task force would be a good start in creating an agenda of long-needed reforms.

This top-to-bottom audit should include an examination of the exploratory missions already under way without rigorous supervision by the ISA. It should also assess whether the ISA’s 52 permanent staff members and US$10 million annual budget are adequate to effectively manage responsibilities once deep-sea mining projects get the green light. The ISA’s 34 recommendations from 2016 remain a good road map forward.

We will soon regret being driven by the ambiguous “two-year rule”. A cautious and deliberate approach is essential for our survival. UN leadership must take the first steps.

James David Spellman, a graduate of Oxford University, is principal of Strategic Communications LLC, a consulting firm based in Washington