Under Pressure: The Impact of Invoking the Two Year Rule within the Context of Deep Sea Mining in the Area

Willaert, Klaas

doi:10.1163/15718085-bja10068

Cited by 15 publications

(9 citation statements)

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“…Consequently, the ISA must introduce the regulations necessary for commercial DSM activities by 9 July 2023. If the Regulations are not published by the deadline and an application for an exploitation contract is pending, the ISA Council must “consider and provisionally approve it on the basis of provisions and norms of UNCLOS” (Willaert 2021b ).…”

Section: Current Barriers To Deep-seabed Mining Of Pmn Depositsmentioning

confidence: 99%

Assessing the feasibility of deep-seabed mining of polymetallic nodules in the Area of seabed and ocean floor beyond the limits of national jurisdiction, as a method of alleviating supply-side issues for cobalt to US markets

Cunningham

2022

Miner Econ

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The growing importance of cobalt to the US economy has led to its categorisation as a critical mineral. Cobalt demand is increasing due to its requirement in lithium-ion batteries, which will significantly contribute to the energy transition. Supply is threatened for various reasons, primarily regarding supply chain concentrations, with the majority of the world’s cobalt originating in terrestrial deposits in the Democratic Republic of the Congo, and being refined in China. There remain environmental and ethical concerns over the present supply chain. Previous discussions around reducing cobalt’s criticality have suggested diversifying processing locations to reduce geographical and jurisdictional reliance where possible. This study assesses the viability of extracting cobalt from polymetallic nodules (PMNs) located on the deep-seabed in the Area, as an alternative strategy to reduce cobalt’s criticality. Assessments are made of the viability of PMN extraction considering ongoing barriers to introduction, contrasted with current arguments supporting PMN extraction. PMN mining offers a more stable and decentralised alternative to current cobalt supply. There exist impediments to its introduction, notably potential environmental impacts, which remain poorly understood. Technical and political restrictions must also be overcome. It is argued that the wider environmental benefits of increased cobalt supply from PMN mining may offset its detrimental environmental impacts. It is suggested that PMN mining be used in a wider strategy to improve supply security of cobalt to US markets.

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Section: Current Barriers To Deep-seabed Mining Of Pmn Depositsmentioning

confidence: 99%

Assessing the feasibility of deep-seabed mining of polymetallic nodules in the Area of seabed and ocean floor beyond the limits of national jurisdiction, as a method of alleviating supply-side issues for cobalt to US markets

Cunningham

2022

Miner Econ

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“…Most importantly, it is rather difficult to meet the tight 2-year deadline for the completion of the exploitation regulations (July 2023) invoked by Nauru based on section 1(15) of the Annex to the 1994 Implementing Agreement (International Seabed Authority, 2021). It is not ruled out that the entity may submit an application for exploitation at that time (Singh, 2021;Willaert, 2021;Singh, 2021b).…”

Section: Introductionmentioning

confidence: 99%

Operationalization of the best available techniques and best environmental practices in deep seabed mining regime: a regulatory perspective

Xue

2023

Front. Mar. Sci.

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Best Practices, including Best Available Techniques (BAT) and Best Environmental Practices (BEP), are typically included to provide for or promote particular practices, methods, measures, or standards in respect of the efficient recovery of a resource and the level of environmental protection. Deep seabed mining (DSM) is an activity to obtain mineral resources from the deep sea, which may have certain adverse impacts on the marine environment. International Seabed Authority (ISA), the regulator of DSM activities in the Area authorized by the United Nations Convention on the Law of the Sea (UNCLOS), has introduced those terms in its Mining Code as critical tools for the reduction in environmental risks arising from DSM. Terms that are not included by the UNCLOS, such as BAT and BEP, are commonly invoked, yet often without specification in the regulatory discourse for DSM. In the absence of precise definitions and operational details, the terms BAT and BEP may not be able to function as anticipated in the DSM domain. Against this backdrop, this paper attempts to explore possible means by which the ISA might enable the contractor to operationalize the BAT and BEP, including providing definitions, their placement in the exploitation regulations, and the criteria for its operationalization in the Standards and Guidelines. This paper cites the existing international instruments that incorporate the terms BAT and BEP and takes particular note of DSM into account to highlight specific considerations for their practical implementation for DSM.

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“…On the other hand, some entities have not only shown their interest in the rich minerals of the deep seabed and ocean floor beyond the limits of national jurisdiction also known as "the Area", which are in high demand due to their use in the development of green and other technologies, such as mobile phones (IUCN, 2022), but have also communicated their readiness in engaging in their extraction. For example, on 25 June 2021 Nauru requested the International Seabed Authority (ISA) to adopt the rules necessary to facilitate the approval of plans of work for mineral exploitation in the deep seabed by July 2023 in light of its State-sponsored entity, Nauru Ocean Resources Inc, being ready to submit the necessary plans of work (Blanchard, 2021;Lyons, 2021;Willaert, 2021). This consequently triggered the urgency of completing the ISA's regulations for exploitation activities.…”

Section: Introductionmentioning

confidence: 99%

Area-based management tools to protect unique hydrothermal vents from harmful effects from deep-sea mining: A review of ongoing developments

Blanchard

Gollner

2022

Front. Polit. Sci.

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The deep seabed in areas beyond national jurisdiction, or what is referred to as “the Area,” is the common heritage of humankind, safeguarded by mandating the International Seabed Authority (ISA) to protect the marine environment and to regulate all mining-related activities on the seabed in areas beyond national jurisdiction. So far, the ISA has 7 contracts for polymetallic sulfide (PMS) exploration. PMS deposits are located at and near deep-sea hydrothermal vents, one of the most remarkable ecosystems on Earth. Where hot and mineral rich vent fluids escape from the earth's crusts, minerals precipitate and are deposited, and unique biomass rich microbial and animal communities are thriving. Several intergovernmental organizations suggest that active vents classify as areas in need of conservation. The ISA is currently developing regional environmental plans for PMS and has set some first steps to protect active vents from mining impacts. We review the current regulatory and policy framework for deep-sea spatial management, and set it into the environmental context. We conclude that all current management measures of the ISA would not be suited to protect the marine environment from harmful mining impact. We recognize that ISA's area-based management tools are under development, and suggest that improvements can be achieved by studying and recognizing the ecological attributes of ecosystems and their connectivity, as well as governance connectivity, taking into account area-based management tools of different users in the same area.

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Under Pressure: The Impact of Invoking the Two Year Rule within the Context of Deep Sea Mining in the Area

Cited by 15 publications

References 0 publications

Assessing the feasibility of deep-seabed mining of polymetallic nodules in the Area of seabed and ocean floor beyond the limits of national jurisdiction, as a method of alleviating supply-side issues for cobalt to US markets

Assessing the feasibility of deep-seabed mining of polymetallic nodules in the Area of seabed and ocean floor beyond the limits of national jurisdiction, as a method of alleviating supply-side issues for cobalt to US markets

Operationalization of the best available techniques and best environmental practices in deep seabed mining regime: a regulatory perspective

Area-based management tools to protect unique hydrothermal vents from harmful effects from deep-sea mining: A review of ongoing developments

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