ISA Faces Hurdles in Deep-Sea Mining Regulation Talks

The International Seabed Authority (ISA) has faced challenges in its negotiations to regulate deep-sea mining, with little progress reported and opinions divided. This is largely due to the presentation of a new "consolidated text" draft, which participants have criticized for being unclear and lacking the inclusion of all stakeholders' positions. Negotiations came to a halt amid growing concerns about sourcing critical minerals to sustain the energy transition globally. 

The new draft was intended to expedite negotiations, but it has sparked debate and raised challenges in reaching a consensus. Countries called for the reinstatement of states’ proposals that were dropped, criticized their replacement with those from mining companies in at least one case, and cited confusion and a lack of clarity in the text. “The recent Council meeting clearly shows that there remains a vast divide among States regarding the development of a Mining Code in the absence of robust science,” said Sofia Tsenikli, Global Deep-Sea Mining Campaign Lead,  Deep Sea Conservation Coalition (DSCC). 

Parties noticed the absence of several proposals from previous meetings in the consolidated text, which is a draft of the eventual mining code for deep-sea mining. Additionally, discussions have intensified regarding the royalty regime, with a proposal on the table that would significantly increase the cost for contractors to mine. Furthermore, there has been much debate surrounding an environmental compensation fund. However, most countries have strongly emphasized that companies seeking to exploit deep-sea resources, if granted a mining license, must be heavily insured against damage to the marine environment, reported Infobae.

Deepsea Mining in the World

Currently, the International Seabed Authority (ISA) has approved 31 contracts, 30 of which are active, each lasting 15 years. Among these contracts, several involve governmental entities such as the governments of India, Poland, and South Korea, as listed on the ISA website. However, the majority of contracts are with private companies that have directly engaged with ISA for deep-sea mining activities.

China leads with five of these ISA contracts, followed by Russia and South Korea with three each. Japan, India, Germany, Poland, France, and the United Kingdom have two contracts each. Brazil, Jamaica, Kiribati, Cook Islands, Singapore, Tonga, and Nauru each have one contract.

While Mexico has not yet started deep-sea mining, it has a substantial opportunity to do so. With access to both the Atlantic and Pacific Oceans and its proximity to the Clipperton Fracture Zone, a rich area for mining, Mexico's mineral reserves are estimated to contain 21 billion t of polymetallic nodules. These are believed to hold about 6 billion t of manganese, 226Mt of copper, 94t of cobalt, and 270Mt of nickel. In Nov. 2023, Mexico supported the moratorium on seabed mining, arguing that there is not enough scientific information to know its true environmental impact. The current government’s position is that seabed mining can only start when standards, rules, and guidelines are created to ensure the protection of the environment.