The International Seabed Authority Responds to Deep-Sea Mining Proposal

The International Seabed Authority has issued a statement in response to the recent request by deep-sea mining firm The Metals Co to the Trump administration seeking approval for its plans to mine the international seabed. This move would mark the first instance of a company seeking permission to operate beyond U.S. territorial waters.

Concerns Raised

Leticia Reis de Carvalho, Secretary-General of the International Seabed Authority, expressed concerns regarding the implications of the request. The issuance of an Executive Order by the U.S. government regarding deep-seabed mineral resources raises specific legal and governance issues, particularly in the context of the United Nations Convention on the Law of the Sea (UNCLOS).

Reis de Carvalho highlighted the importance of UNCLOS in governing maritime rights, navigational freedoms, and the sustainable use of ocean resources. The Convention establishes the deep sea as the Common Heritage of Humankind, prohibiting any state or entity from claiming sovereignty over its mineral resources without adherence to the regulatory framework set forth by UNCLOS.

Legal Framework and Obligations

According to UNCLOS, all activities related to mineral resources in the international seabed must be conducted under the oversight of the International Seabed Authority to ensure sustainable use, equitable benefit-sharing, and environmental protection. The concept of the Common Heritage of Humankind imposes clear obligations on all countries and companies operating in the deep sea.

Reis de Carvalho emphasized that any unilateral action to exploit deep-sea mineral resources outside the established legal framework of UNCLOS threatens the stability of global ocean governance and the principles of international cooperation.

Regulatory Process and International Cooperation

While acknowledging the complexities of the regulatory process at the International Seabed Authority, Reis de Carvalho emphasized the commitment and ambition demonstrated by member states in advancing the regulatory framework. She refuted claims of bias towards environmental groups and delays in the negotiation process, highlighting the inclusive and consensus-based nature of the discussions.

The Secretary-General urged the Government of the United States to engage with the international legal system under UNCLOS and contribute to deep-sea science and technology within the established framework of multilateral cooperation.

Conclusion

As the International Seabed Authority continues its efforts to finalize the Mining Code and regulate extraction activities in the international seabed, Reis de Carvalho emphasized the importance of responsible and equitable progress for the benefit of all humanity. She encouraged the United States to leverage the advantages of engaging through international legal mechanisms and uphold the principles of UNCLOS for the sustainable management of deep-sea resources.

In a time of increasing global interest in deep-sea mining, adherence to established legal frameworks and international cooperation is essential to ensure the protection of the marine environment and the equitable sharing of resources for present and future generations.