By Remi Partmentier, Varda Group

Extracted from the report on Assessing Progress on Ocean and Climate Action: 2022-2023

The article below is an excerpt from a chapter focused on climate change and deep sea mining written in November 2023 for the report on Assessing Progress on Ocean and Climate Action: 2022-2023. To read in full, please see section 10.2 of the report, linked here.

In his November 2022 address at COP27 in Sharm El Sheikh, France’s President Emmanuel Macron surprised everyone when he called for a prohibition on deep-sea mining. This address went beyond adding his voice to those who had already called for a moratorium or a precautionary pause on deep sea mining. By calling for an outright ban, President Macron was lifting the bar on an emerging issue at the crossroad of marine biodiversity and climate. In the months following COP27, 23 countries have formed a coalition seeking to prevent the International Seabed Authority (ISA) from giving a green light to deep-sea mining, a controversial emerging extractive industry. At the time of publication, this list includes Brazil, Canada, Chile, Costa Rica, Dominican Republic, Ecuador, Federated States of Micronesia, Fiji, Finland, France, Germany, Ireland, Monaco, New Zealand, Palau, Panama, Portugal, Samoa, Spain, Sweden, Switzerland, UK and Vanuatu. More countries are expected to join that coalition in the coming months.

Mineral resources found on and under the seabed have been unattainable for the mining industry in past decades, and their exploitation is now technically feasible. Both economic and environmental aspects of seabed mining remain untested, with potential irreversible environmental damage and equity issues as causes for concern. According to the UN Convention on the Law of the Sea (UNCLOS), mineral resources of the seabed Area beyond national jurisdiction are part of the common heritage of humankind, and their exploration and exploitation are regulated by the ISA headquartered in Kingston, Jamaica. In recent years, the ISA has granted exploration licences to a number of sponsoring countries and their contractors. Should exploitation begin, the ISA is meant to equitably distribute any arising benefits while also protecting the marine environment for the benefit of humankind, including future generations. Equity concerns are not limited to the distribution of benefits. The impact of mining on legitimate uses of the sea such as fishing and genuine scientific research also warrant apprehension.

Potential climate impacts are an additional concern. It is estimated that the high seas take up 500 million tons of atmospheric carbon per year, which ultimately becomes trapped in ocean sediments. In the long term, the possible remobilization of CO2 by deep-sea mining machinery and its release into the atmosphere raises intergenerational equity concerns. In the short term, the impact of deep-sea mining on biodiversity could affect the carbon pump that absorbs CO2 daily.

Action by the countries opposed to deep-sea mining has postponed attempts to rush the adoption of the deep-sea mining code at the July 2023 ISA Council and Assembly. It is now expected that the ISA will wait until 2025 to consider whether to authorize or stop deep-sea mining. The 29th Assembly meeting in July 2024 will include the election of a new ISA Secretary General and the potential adoption of a second periodic review, in line with the requirement under UNCLOS to conduct such a review every five years. If fully independent, this review would assess accountability and oversight of the ISA. The ISA Strategic Plan was extended until 2025, thus potentially allowing the review to inform the content of the new Strategic Plan.