Deep-sea Mining Activities Research Articles

Report on the Managing Impacts of Deep-seA reSource exploitation (MIDAS) workshop on environmental management of deep-sea mining

Recent years have seen an upsurge in interest in mining in the world’s deep oceans, in areas beyond national jurisdiction. Such mining activity has the potential to cause environmental impacts over large areas. As contractors plan to move from exploration to exploitation activities it is important to develop guidance to ensure that these activities are managed in a way that is as environmentally sustainable as possible. This paper presents the outcomes of an international workshop on environmental management for deep-sea mining (DSM). The workshop presented protocols for environmental management, which were tested using a comprehensive polymetallic nodule mining scenario developed with industry input. The workshop started by presenting a framework for environmental management of deep-sea mining, which introduced the use of a conceptual model as a method of storing and updating environmental data and the synthesis of that data throughout the project. The second session focused on the incorporation of the precautionary approach and adaptive management into the framework. Two discussion sessions were held to discuss Environmental Impact Assessment (EIA) in the context of the scenario: the first considered scoping and screening EIAs, while the second reviewed the full EIA assessment. Subsequent discussion focussed on environmental management at the regional scale. This concentrated on the Regional Environmental Assessment (REA) - including its purpose, the scale and scope, and practicalities - and the assignment of protected areas as an approach for regional environmental management. Use of a scenario as a basis for the evaluation of protocols on the environmental management of DSM was novel amongst workshops, facilitating focussed discussion despite the high uncertainty surrounding DSM activities. The results of these discussions are summarised in the paper.

The fiscal regime for deep sea mining in the Pacific region

Deep sea mining has the potential to raise much needed revenue for Pacific Island States. This will require national governments to implement a comprehensive fiscal regime for deep sea mining comprising pay-as-you produce and profit-based instruments. The aim of this article is to explain the design of the main fiscal instruments relevant to deep sea mining activities, focusing particularly on mining royalties, corporate tax, and resource rent taxation.

Dispersion assessment of particulate substances from deep-sea mining activities by means of model simulations

The model study aims at the assessment of effects of mining activities of manganese nodules in the deep-sea. A Lagrangian transport model is applied on a global scale to estimate the possible temporal and spatial scales of the dispersion of released tailings. The simulations take into account variations of the sediment properties, of the water depth of the release and of the hydrodynamical regime since the current system in the area of interest, the German mining claim in the eastern equatorial Pacific, is characterized by high interannual variations. The results are mainly determined by the sediment properties and residence time as well as the affected area decrease with increasing release depth.

The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea is one of the “compulsory procedures entailing binding decisions” provided for in Article 287 of the Convention. The Tribunal is established by Annex VI to the Convention which is its Statute. Within the Tribunal is established the Seabed Disputes Chamber which has jurisdiction to deal with respect to deep-sea mining activities covered by Part XI of the Convention.The Tribunal performs three different but closely related functions. The first is to offer a forum of choice for states parties to the Convention to settle disputes concerning the interpretation or application of the provisions of the Convention. The second function is to provide a special, and largely mandatory, procedure for dealing with disputes in connection with the interpretation and application of the provisions of Part XI of the Convention. This is the function of the Seabed Disputes Chamber. The Chamber also has competence to give advisory opinions on legal questions arising within the scope of the activities of the Assembly and Council of the International Seabed Authority. Thirdly, the Tribunal serves as a residual and compulsory mechanism for the settlement of certain disputes identified by the Convention as requiring expeditious decision, such as applications for the prompt release of arrested vessels and crew or requests for the prescription of provisional measures pending final decisions in cases. The Tribunal may also deal with disputes arising under other maritime agreements, if the agreements so provide.The Tribunal commenced operations in October 1996. It has completed organizational work for its administrative judicial functions. It has adopted its Rules, the Resolution on the Internal Judicial Procedure and Guidelines to assist parties appearing before it. It has also established special Chambers. The Tribunal has already dealt with one application for the prompt release of a vessel and crew arrested in a foreign port and one request for provisional measures. Proceedings are in progress on the merits of the first case submitted to it.