Incorporating transparency into the governance of deep-seabed mining in the Area beyond national jurisdiction

Jeff A Ardron,Henry A Ruhl,Daniel O.B Jones

doi:10.1016/j.marpol.2017.11.021

Jeff A Ardron, Henry A Ruhl + Show 1 more

Open Access

https://doi.org/10.1016/j.marpol.2017.11.021

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Abstract

In the governance of natural resources, transparency has been linked to improved accountability, as well as enforceability, compliance, sustainability, and ultimately more equitable outcomes. Here, good practices in transparency relevant to the emerging governance of deep-seabed mining in the Area beyond national jurisdiction are identified and compared with current practices of the International Seabed Authority (ISA). The analysis found six areas of good transparency practice that could improve the accountability of deep-seabed mining: i) access to information; ii) reporting; iii) quality assurance; iv) compliance information / accreditation; v) public participation; and vi) ability to review / appeal decisions. The ISA has in some instances adopted progressive practices regarding its rules, regulations, and procedures (e.g. including the precautionary approach). However, the results here show that overall the ISA will need to consider improvements in each of the six categories above, in order to reflect contemporary best transparency practices, as well as meeting historical expectations embodied in the principle of the ‘common heritage of mankind’. This would involve a revision of its rules and procedures. The ongoing review and drafting of the ISA’s deep-seabed mining exploitation regulations offers a once-in-a-generation opportunity to improve upon the current situation. Findings from this analysis are summarised in 18 recommendations, including publication of annual reports submitted by contractors, publication of annual financial statements, development of a transparency policy, compliance reporting, and dedicated access to Committee meetings.

Highlights

This paper identifies good practices in transparency that could lead to improved accountability in the emerging governance of deep-seabed mining in ‘the Area’ beyond national jurisdiction
14 indicative standards were selected using four general criteria: 1) it should in some way be applicable or comparable to deep-seabed mining (DSM); e.g. land-based mining, natural resource finance, etc.; 2) when seen to be covering similar issues, international standards are favoured over national ones for reasons of their broader applicability (13 of the 14); 3) in order to gauge current and emerging best practices, newer standards are favoured over older ones, when covering similar content; and 4) better-known standards emerging from larger established institutions were favoured over more obscure or niche industry examples
Expectations concerning transparency and resultant improved accountability were expressed in six general ways: i) access to information; ii) reporting; iii) quality assurance; iv) compliance information / accreditation; v) public participation; and, vi) the ability to review and appeal decisions (Table 1 and supplementary Table s2)

Summary

Introduction

This paper identifies good practices in transparency that could lead to improved accountability in the emerging governance of deep-seabed mining in ‘the Area’ beyond national jurisdiction. Well-established non-governmental organisations, including Transparency International, the Natural Resources Governance Institute, and the U4 Anti-Corruption Resource Centre promote transparency as a way to deter corruption [11]. Other factors, such as political stability, regulatory quality, and institutional competence, play critical roles in the good governance of marine natural resources [11,42,50]. Greater transparency is necessary to allow for meaningful review or appeals, and can lead to greater public accountability and

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