Deep sea mining

[7] Papua New Guinea was the first country to approve a deep sea mining permit for the Solwara 1 project, despite three independent reviews highlighting significant gaps and flaws in the environmental impact statement.

[8] The most common commercial model of deep sea mining proposed involves a caterpillar-track hydraulic collector and a riser lift system bringing the harvested ore to a production support vessel with dynamic positioning, and then depositing extra discharge down the water column.

[39] Promising sulfide deposits (an average of 26 parts per million) were found in the Central and Eastern Manus Basin around Papua New Guinea and the crater of Conical Seamount to the east.

[59] In 2023, the SBMA announced the results of a technical report on the polymetallic nodule deposit of the Cook Islands' exclusive economic zone, undertaken on its behalf by RSC Mining and Mineral Exploration.

The study was based on the analysis of both historical samples from previous scientific cruises, as well as data from recent work undertaken by SBMA PMN exploration contractors CIIC-SR and Moana.

RSC produced a JORC Code (2012)-compliant Mineral Resource Statement for parts of the EEZ totalling 6.7 billion tons of polymetallic nodules (wet), grading 0.44% Co, 0.21% Cu, 17.4% Fe, 15.8% Mn, and 0.37% Ni.

[63] In January 2024 Norway's parliament allowed multiple companies to prospect for DSM resources, mainly Seafloor Massive Sulfides (SMS), but also potentially Cobalt-rich crusts in the Norwegian EEZ, as well as on its continental shelf extension, along Mohns and Knipovich ridges Jan Mayen and Svalbard in the North Atlantic.

[72] In its May 2024 Capital Markets Day Presentation, it confirmed its ambitions to commence mining operations on SMS deposits on the Norwegian continental shelf and EEZ by 2028, as well as explore for PMNs in the CCZ in the future.

According to the government, the seabed contains many resources including copper, zinc and cobalt, which are necessary for producing mobile phones, wind turbines, computers and batteries but as for now supplies are controlled by China or “authoritarian countries”.

While some environmental consequences (such as sediment plumes, disturbance of the bottom, and toxic effects) are known, the scientific understanding of deep sea ecosystems is currently insufficient to evaluate all possible impacts.

The International Seabed Authority (ISA) aims to finalize exploitation regulations by 2025, and a new agreement under the UN Convention on the Law of the Sea (UNCLOS) on marine biodiversity was adopted on 19 June 2023.

[82] Mining activities not only remove these nodule habitats but also generate sediment plumes that can spread over hundreds of kilometers, smothering benthic organisms and reducing oxygen availability.

Additionally, mining releases trace metals such as copper (Cu), lead (Pb), mercury (Hg), and zinc (Zn), which can bioaccumulate in marine organisms and pose toxicological risks to deep-sea food webs.

[83] Due to the slow recovery rates and high ecological sensitivity of deep-sea benthic communities, mitigation efforts such as biodiversity offsetting are unlikely to compensate for habitat loss.

[97] Adopted after nine years of negotiations, it was celebrated as a milestone in international law, despite challenges over provisions related to reaching a collective con-sensus over the seabed and areas beyond national jurisdiction.

This development marked a shift towards a zonal approach in international mari-time law, dividing ocean spaces into distinct jurisdictional zones governed by the principles of sover-eignty and freedom.

It also nominates the Secretary-General, who serves a four-year term as the chief administrative officer of the ISA, supervises staff, and en-sures impartiality by refraining from mining-related financial interests.

The Enterprise, the Authority's commercial arm, is empowered to conduct mining operations, initially through joint ventures, to generate revenues for equitable distribution among developing nations,.

[115] While regulations include environmental protection measures, scientists warn that mining these deposits risks irreparable harm to critical ecosystems, the ocean's carbon sink functions, and marine biodiversity.

[100][111][120][121] The sponsorship requirement ensures entities comply with UNCLOS obligations, as highlighted by ITLOS, binding non-state actors to international and domestic legal responsibilities, cf.

This exclusion underscores UNCLOS's role as the prevailing legal frame-work for regulating seabed resource activities, with alternative regimes likely deemed inconsistent with international law.

[119][100] UNCLOS, as amended by the 1994 Implementing Agreement, provides the legal framework for regu-lating activities in the Area and tasks the ISA with developing and enforcing rules, regulations, and procedures for exploring and exploiting mineral resources.

[101] If the Council fails to finalize the exploitation regulations within the prescribed period, it is nonetheless required to “consider” and “provisionally approve” the submitted application, even in the absence of a fully developed regulatory structure, cf.

[101] As further prescribed in Article 162(2)(o)(ii), UNCLOS though requires the ISA Council to adopt and temporarily apply rules, regulations, and procedures for activities like prospecting, exploration, and exploitation in the seabed area.

[136] Deep-sea mining offers significant economic potential, driven by the growing demand for critical minerals needed for green technologies such as batteries, electric vehicles (EVs), and renewable energy systems.

[147] As nations like the US, Japan, and Norway push for faster exploitation of deep-sea resources, the ISA's structure becomes increasingly critical, especially as countries seek to navigate the balance between economic development and environmental sustainability.

The growing focus on energy security and the economic impact of sanctions, such as those imposed on Russia due to the ongoing conflict with Ukraine, further underscores the need for reliable, alternative resource supplies like deep-sea minerals.

Deep-sea mining focuses on three primary sources of minerals: polymetallic nodules, The IEA (2022)[154] projects that the clean energy sector will increasingly dominate the demand for metals like copper, nickel, cobalt, rare-earth elements, and lithium.

The ISA (2022)[159] forecasts that, by 2035, deep-sea mining could yield up to 36 million tons of nodules annually, meeting a significant portion of global manganese, nickel, and cobalt demand.

[36] A 2018 article argued that "the 'new global gold rush' of deep sea mining shares many features with past resource scrambles – including a general disregard for environmental and social impacts, and the marginalisation of indigenous peoples and their rights".