Highlights
- The International Seabed Authority held its 30th session, reviewing draft exploitation regulations and addressing environmental and legal challenges in deep-sea mining.
- The Metals Company (TMC) announced plans to seek U.S. mining permits, potentially bypassing international regulatory frameworks established by ISA.
- The upcoming July ISA session will be crucial in determining future seabed governance, focusing on sustainability, equity, and responsible resource management.
In a March 29 press release (opens in a new tab), the International Seabed Authority (opens in a new tab) (ISA) reported on the first part of its thirtieth session, marking significant progress in discussions on deep-sea mining regulations. The Kingston-based intergovernmental body, mandated by the United Nations Convention on the Law of the Sea (opens in a new tab) (UNCLOS), is responsible for overseeing mineral extraction in international waters to ensure equitable and sustainable management of resources.
ISA’s Progress on Deep-Sea Mining Regulations
During the session, ISA delegates completed a review of the Revised Consolidated Text of the Draft Exploitation Regulations, addressing regulations up to draft regulation 55. The negotiations, conducted on a regulation-by-regulation basis, facilitated extensive discussions among the 36 Council members, 24 non-Council members, and 26 observer delegations. While many aspects saw consensus, key issues such as environmental protection, enforcement mechanisms, and the role of coastal states remain unresolved.
A crucial outcome of the session was the establishment of working groups focused on essential topics, including test and pilot mining, effective control mechanisms, and the protection of underwater cultural heritage. Additionally, the newly formed “Friends of the President” volunteer group aims to accelerate targeted refinements to the regulatory framework before the next session in July 2025.
Response to The Metals Company’s Regulatory Maneuver
A major point of discussion at the ISA meeting was the March 28 announcement by The Metals Company (TMC), a Canadian deep-sea mining firm, stating its intent to seek mining permits under U.S. jurisdiction. According to a March 28 Mongabay report (opens in a new tab), TMC initiated consultations with the U.S. National Oceanic and Atmospheric Administration (NOAA) under the Deep Seabed Hard Mineral Resources Act (DSHMRA), a 1980 law that predated UNCLOS.
ISA Secretary-General Leticia Carvalho addressed the Council, expressing deep concern over TMC’s attempt to bypass the international regulatory framework. She reaffirmed that ISA has exclusive jurisdiction over seabed mining in international waters and warned that unilateral actions violate international law. Delegations widely supported her stance, underscoring the necessity of finalizing ISA’s mining code before any commercial extraction begins.
Implications of TMC’s U.S. Strategy
TMC’s move to seek U.S. approval comes amid delays in ISA’s adoption of mining regulations. The company has argued that regulatory uncertainty at ISA should not impede progress and has pointed to political backing from key U.S. officials. Mongabay reported that U.S. Secretary of State Marco Rubio and Commerce Secretary Howard Lutnick, a former banking executive with ties to TMC, are among those supporting deep-sea mining initiatives.
However, legal experts have questioned the legitimacy of TMC’s approach. The U.S. has signed but not ratified UNCLOS, preventing it from officially sponsoring mining applications through ISA. As Mongabay notes, this legal gray area could lead to conflicting claims, particularly if TMC applies for licenses in areas already allocated under ISA contracts.
Despite TMC’s confidence, its latest SEC filing acknowledges potential roadblocks, including uncertainties surrounding NOAA’s willingness to grant commercialization rights and possible legal conflicts with ISA regulations.
Next Steps in the Regulatory Process
With deep-sea mining at a critical juncture, ISA’s upcoming July session will be pivotal in determining the future of international seabed governance. Delegates will continue refining the mining code, with a particular focus on royalty distribution and environmental protections. Meanwhile, informal working groups will advance discussions on unresolved issues, and the ISA Legal and Technical Commission will prioritize standards and guidelines.
As debates intensify, the ISA remains steadfast in its mission to ensure that any future seabed mining aligns with principles of sustainability, equity, and responsible stewardship—principles that TMC’s alternative regulatory path could challenge.
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