Seabed Mining Activities Research Articles

The itlos Jurisprudence Regarding the Procedural Obligation to Conduct an Environmental Impact Assessment and Its Significance for Deep Seabed Mining

Abstract The present work deals with the contribution of the International Tribunal for the Law of the Sea to the interpretation of the obligation to conduct an environmental impact assessment. Against this backdrop, the article pursues a twofold objective. On the one hand, it reinforces the idea that the case law of the Tribunal influenced ongoing regulating initiatives in the legal regime governing marine areas beyond national jurisdiction. On the other hand, considering the possible commencement of deep seabed mining activities in the Area, the article aims to demonstrate that the Tribunal could further clarify the legal basis of the eia obligation for exploitation purposes by building on its jurisprudence. This topic becomes particularly relevant in light of the “two-year rule” housed in Section 1(15) of the Annex to the 1994 Implementation Agreement and the absence of comprehensive and robust regulations.

The Mining Code for Prospecting Exploration and Exploitation in Maritime Domain: Experimenting the Regional Environmental Plans

The Seabed Mining is a growing maritime industrial field that involves the extraction of submerged minerals and deposits from the ocean and over the years, there has been a rising demand for minerals and metals in various sectors of the Maritime Industry. This led to the creation of the International Seabed Authority of 1982 which is saddled with the responsibilities of regulating human activities on the deep-sea floor and the continental shelf. Despite the existence of the regulatory body, there are challenges that are present within the organs of the International Seabed Authority. These challenges include lack of transparency and also the impact of the deep seabed mining activities on the environment that still need to be extensively researched before deep seabed mining activities can commence in the World Maritime Economy. This research adopted a doctrinal method of research to collect data through the use of Law textbooks, articles in journals, and various online resources. The aim of this paper is to discuss the benefits of deep seabed mining, the regulatory frameworks of deep seabed mining, the impacts of deep seabed mining on the environment, deep seabed mining activities in Africa and Nigeria. It was concluded in this paper that before the deep seabed mining activities can commence, it is necessary that wide and extensive research be carried out on its effect on the environment, the various organs in International Seabed Authority should be more transparent on their activities to the public and African States particularly Nigeria should organise workshops to educate the Maritime Industry of various states about the involvement and participation of African countries in the deep seabed mining activities like their counterparts in other countries of the World.

The Fluid Mechanics of Deep-Sea Mining

Fluid mechanics lies at the heart of many of the physical processes associated with the nascent deep-sea mining industry. The evolution and fate of sediment plumes that would be produced by seabed mining activities, which are central to the assessment of the environmental impact, are entirely determined by transport processes. These processes, which include advection, turbulent mixing, buoyancy, differential particle settling, and flocculation, operate at a multitude of spatiotemporal scales. A combination of historical and recent efforts that combine theory, numerical modeling, laboratory experiments, and field trials has yielded significant progress, including assessing the role of environmental and operational parameters in setting the extent of sediment plumes, but more fundamental and applied fluid mechanics research is needed before models can accurately predict commercial-scale scenarios. Furthermore, fluid mechanics underpins the design and operation of proposed mining technologies, for which there are currently no established best practices.

Causal Approach to Determining the Environmental Risks of Seabed Mining.

Mineral deposits containing commercially exploitable metals are of interest for seabed mineral extraction in both the deep sea and shallow sea areas. However, the development of seafloor mining is underpinned by high uncertainties on the implementation of the activities and their consequences for the environment. To avoid unbridled expansion of maritime activities, the environmental risks of new types of activities should be carefully evaluated prior to permitting them, yet observational data on the impacts is mostly missing. Here, we examine the environmental risks of seabed mining using a causal, probabilistic network approach. Drawing on a series of expert interviews, we outline the cause-effect pathways related to seabed mining activities to inform quantitative risk assessments. The approach consists of (1) iterative model building with experts to identify the causal connections between seabed mining activities and the affected ecosystem components and (2) quantitative probabilistic modeling. We demonstrate the approach in the Baltic Sea, where seabed mining been has tested and the ecosystem is well studied. The model is used to provide estimates of mortality of benthic fauna under alternative mining scenarios, offering a quantitative means to highlight the uncertainties around the impacts of mining. We further outline requirements for operationalizing quantitative risk assessments in data-poor cases, highlighting the importance of a predictive approach to risk identification. The model can be used to support permitting processes by providing a more comprehensive description of the potential environmental impacts of seabed resource use, allowing iterative updating of the model as new information becomes available.

Research is needed to inform environmental management of hydrothermally inactive and extinct polymetallic sulfide (PMS) deposits

Polymetallic sulfide (PMS) deposits produced at hydrothermal vents in the deep sea are of potential interest to miners. Hydrothermally active sulfide ecosystems are valued for the extraordinary chemosynthetic communities that they support. Many countries, including Canada, Portugal, and the United States, protect vent ecosystems in their Exclusive Economic Zones. When hydrothermal activity ceases temporarily (dormancy) or permanently (extinction), the habitat and associated ecosystem change dramatically. Until recently, so-called “inactive sulfide” habitats, either dormant or extinct, received little attention from biologists. However, the need for environmental management of deep-sea mining places new imperatives for building scientific understanding of the structure and function of inactive PMS deposits. This paper calls for actions of the scientific community and the emergent seabed mining industry to i) undertake fundamental ecological descriptions and study of ecosystem functions and services associated with hydrothermally inactive PMS deposits, ii) evaluate potential environmental risks to ecosystems of inactive PMS deposits through research, and iii) identify environmental management needs that may enable mining of inactive PMS deposits. Mining of some extinct PMS deposits may have reduced environmental risk compared to other seabed mining activities, but this must be validated through scientific research on a case-by-case basis.

Strengthening the International Seabed Authority's knowledge-base: Addressing uncertainties to enhance decision-making

This article argues that the process of developing the regulations of commercial deep seabed mining operations presents a window of opportunity to actively and systematically address existing uncertainties regarding the environmental effects of seabed mining activities. To this end, the developing process of regulations could, for example, enable the ISA to actively engage in generating and synthesizing information, make it publicly available for scrutiny, and consequentially apply this gained body of knowledge to its decision-making procedures at all relevant stages. Here, we assess to what extent international law and existing policy support the practice such a proactive knowledge management system. Premised on this, we suggest some potential measures and institutional adjustments that would help spur the effort to strategically target and fill knowledge gaps. We aver that these adjustments, if implemented together, would substantially enable the ISA to increase the quality and legitimacy of its outputs, and thus, to meet its legal and political responsibilities.

Contractor liability for environmental damage resulting from deep seabed mining activities in the area

The article focuses on contractor liability for environmental damage under the evolving international law of deep seabed mining. It clarifies that the UN Convention on the Law of the Sea (LOSC) provides not for strict liability, but responsibility for wrongful conduct and that the international law of deep seabed mining does not include a no-harm rule. The article contrasts the international law of deep seabed mining with the Convention on the Regulation of Antarctic Mineral Resource Activities which – unlike LOSC -- did not seek to promote mining, prioritized ecosystem protection, prohibited mining in the absence of adequate information and provided for strict liability of operators. The article then examines the distinction between acceptable harm and inacceptable harm to the environment that constitutes damage. It sketches the obligations of contractors as set out in the mining code and indicates how the gap between responsibility for wrongful conduct and strict liability may be narrowed through far-reaching due diligence obligations. The article addresses ‘liability gaps’ and ways to fill them, including through mandatory insurance and the establishment of a trust fund. The article ends on a critical note, proposing that – given increasing knowledge about the harmful effects of deep seabed mining on ocean biodiversity -- the social desirability of deep seabed mining should be re-assessed. A liability regime does not render an economic activity socially desirable. Rather it seeks to fairly distribute risks and responsibilities once a hazardous activity has been judged socially desirable despite its risks.

Potential effects of deep seabed mining on pelagic and benthopelagic biota

Environmental concerns were raised from the very onset of discussions concerning the extraction of metalliferous ores from the deep sea, but most studies have targeted the expected impacts on the benthic communities only. The first section of this study compiles possible impacts of deep seabed mining activities on pelagic organisms. Several processes of mining-related activities were identified that can potentially affect the pelagic environment. Some of these processes will assumedly have only minor effects on the pelagic and benthopelagic communities, for example substrate removal and deposition of material. Most others will severely interfere with pelagic and benthopelagic fauna, at least locally. Some impacts will be directly lethal, but most will impair processes associated with feeding, growth and reproduction, which can ultimately lead to smaller standing stocks, altered communities and loss of biodiversity. The actual scale of effects remains unknown until the pelagic ecosystem is better investigated and the technology becomes specified.In the second section, the guidance provided by the International Seabed Authority (ISA) for baseline studies, environmental impact assessment (EIA) and monitoring in connection with prospecting and exploration of deep-sea mineral resources is reviewed in the light of potential threats to the pelagic ecosystem. Although the ISA recommendations request assessments not only of benthic, but also of pelagic communities, the recommendations remain unspecific in most cases; possible links between benthic and pelagic communities and their consequences for impact assessments are not considered. Some recommendations for modifications and additions to the existing guidelines are presented.

Seabed Mining and Approaches to Governance of the Deep Seabed

-Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective policy to safeguard the marine environment. -Reconciling seabed mining with the United Nations Sustainable Development Goals will be difficult because minerals extraction will have irreversible consequences that could lead to the loss of habitats, species and ecosystems services. -A dialogue needs to take place around social, cultural, environmental and economic costs and benefits. -Governance of human interactions with the seabed is fragmented and lacks transparency, with a heavy focus on facilitating exploitation rather than ensuring protection. -With high uncertainties and high stakes, we present a critical review of proposed policy options for the regulation of seabed mining activities, recommend actions to improve seabed governance and outline the alternatives to mining fragile deep-sea ecosystems.

International Investment Protection in Deep Seabed Mining Beyond National Jurisdiction

Abstract The deep seabed beyond national jurisdiction comprises almost three-quarters of the entire surface area of our oceans. It boasts an array of mineral resources, including valuable metals and rare earth elements. Acting under the United Nations Convention on the Law of the Sea, the International Seabed Authority is responsible for regulating this area and granting mining contracts to allow investors to explore for and exploit deep seabed minerals. As yet, deep seabed mining activities have been confined to the exploratory stage. However, recently, there has been a marked growth in deep seabed investment by private corporate actors. As technology advances and commercial appetite increases, extraction of deep seabed minerals may soon commence. In this context, this article seeks to address crucial legal issues facing pioneers of deep seabed mining. What is the extent of investment protection within the existing regime? And are there dispute resolution options to enforce such protection?

Disciplinary diversity in marine sciences: the urgent case for an integration of research

AbstractRecent events and trends in international relations are making it necessary for scientists to design their projects in ways that can integrate disciplinary perspectives and learn how to communicate their results in governance processes. Some examples of settings in which such skills would be needed are the debates about the political and legal relevance of the “Anthropocene” as a concept, the establishment and implementation of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), the recent International Court of Justice’s decision on what constitutes “scientific purpose” under the Whaling Convention, and the ongoing international efforts to regulate deep seabed mining activities. These events reveal an acceleration of growing environmental, distributional, and geostrategic conflicts over ocean resources which are changing the character of marine research. For some time now marine sciences have recognized the interdependence of social and ecological systems and the cumulative effects of multiple environmental pressures. In addition, we observe that the relationship between science and policy-making is rapidly changing in a process which we refer to here as the internationalization of knowledge, and that scientific research activities and results are progressively being internationally contested. Altogether these developments constitute extrinsic constraints that render transcending disciplinary boundaries a conditio sine qua non for future marine research. Better comprehension of these trends and their implications may help us to understand marine science’s functioning in the near future, particularly the relationship between disciplines involved.

Promoting Consistency in the Deep Seabed: Addressing Regulatory Dimensions in Designing the International Seabed Authority's Exploitation Code

On 14 July 2016, the International Seabed Authority (ISA) issued the ‘Working Draft Regulations and Standard Contract Terms on Exploitation for Mineral Resources in the Area’. Once finalized, this will form part of the Mining Code, which would govern all aspects of respective deep seabed mining activities. The development of this legal framework does not take place within a legal and conceptual vacuum but in a complex, contested and dynamically developing political and regulatory environment. Numerous rules exist for various mining activities, other uses of the deep seabed and with regard to the conservation of the marine environment. Consequently, the arduous task at hand is to promote consistency between the ISA's developing regime and the existing and emerging international law related to the deep seabed. In this article, we highlight four pertinent issues and two mechanisms which must be addressed and developed in the drafting process of the Exploitation Code to promote consistency. As reliance on the deep seabed increases, promoting consistency is a continuing process in which the ISA would invariably have to participate in and possibly even take charge.

Evidence for an unrecognised blue whale foraging ground in New Zealand

Blue whale distribution in the Southern Hemisphere is poorly understood. Their survival is dependent on the ability to reliably encounter large aggregations of euphausiid prey. Therefore, documenting and protecting blue whale foraging grounds is fundamental to enhancing their recovery. Various data sources are compiled here to support the hypothesis that the South Taranaki Bight, between the north and south islands of New Zealand, is used as a foraging ground by blue whales for a common euphausiid prey that aggregate as a function of a nearby coastal upwelling system. The distribution of blue whales is compared with ship traffic density and the distribution of seabed mining activities in the region, and reveals close proximity between whales and these potential threats. This paper presents evidence that the South Taranaki Bight is a blue whale foraging habitat and calls for a greater understanding of their habitat use patterns to manage anthropogenic activities effectively.

Seminar on the Outcome of the Advisory Opinion Issued by the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea on 1 February 2011 on the Responsibilities and Obligations of States Sponsoring Activities in the International Seabed Area

The Seabed Disputes Chamber has issued an important opinion advising on the current state of the law regarding the obligations and liability of States sponsoring deep seabed mining activities in the zone beyond national jurisdiction (the Area). This presentation discusses the common heritage nature of the Area and the measures that sponsoring States will need to take to satisfy their obligations under the UN Convention on the Law of the Sea and related instruments.

Public-Choice Analysis of a New International Organization: The International Sea-Bed Authority

The usefulness of the public-choice approach for a better understanding of international organizations can be demonstrated by applying it to the analysis of the structure and functions of a new international organization, the International Sea-Bed Authority, established in 1994, after two decades of negotiations under the auspices of the United Nations, with the aim to control the oceans' mineral resources beyond the limits of national jurisdictions (which have been proclaimed by the U.N. Assembly “common heritage of mankind”). First, the reasons for establishing this organization, whose basis is the “common heritage of mankind” nature of ocean resources, are examined under two aspects: 1) definition and protection of property rights; 2) environmental control of sea-bed mining activities. Secondly, the organization's decisionmaking system is presented, including such features as the assembly, council with chamber voting, finance committee with decision by consensus, features that balance the voting power of members and protect those countries that bear the financial responsibility for the budget. Finally, some comments are offered about more general aspects of the theory of international organizations: the bureaucracy (and diplomacy) of these organizations as well as the “interdependence” among international organizations, which opens the way to forms of “international logrolling” and makes it advisable for countries not to “exit” from these organizations, even when they have no primary interest in them.

The law of the sea and the prospects for deep seabed mining: The position of the European community

The paper outlines the relationship between the Law of the Sea Conference and internal developments within the European Community, notably in regard to fishing. The European Community has signed the Convention, and the Declaration that was made is discussed. European participation in deep seabed mining activities is described in terms of government measures, the formation of consortia, and registration procedures. A fact sheet on the consortia, legislation of EC States, and international arrangements is given.