Browsing by Subject "UNCLOS"

The transition towards greener energy- and technology solutions significantly increases the demand for critical minerals. These minerals are found in large quantities in the Area, which is the deep seabed beyond national jurisdiction. The International Seabed Authority (ISA) was established in 1994 under the United Nations Convention on the Law of the Sea (UNLCOS) and its 1994 Implementing Agreement. Under UNCLOS and the 1994 Implementing Agreement, the ISA is mandated to organize, carry out and develop seabed mining in the Area. As a part of this mandate, the ISA is equipped with law making powers, through which it has adopted rules, regulations and procedures regarding mining activities. These rules, regulations and procedures are collectively referred to as the Mining Code. The Mining Code currently consists of regulations for prospecting and exploration of polymetallic nodules, polymetallic sulphides and cobalt-rich ferromanganese crusts, while a new set of regulations are being negotiated regarding the exploitation of the deep seabed. The start of commercial scale deep seabed mining is going to have significant impacts on the deep-sea and deep seabed environment, as the mining operations will remove habitats, disperse sediments in the deep water and cause noise and light pollution. This will impact the deep-sea ecosystems to an extent which is still unknown, due to lack of scientific knowledge. It is highly likely that the start of full-scale mining will result in significant loss of biodiversity. In order to address the negative consequences, the ISA is equipped with a broad environmental mandate to protect and preserve the marine environment. Environmental Impact Assessments (EIA) are a key component to implementing this mandate and is required under the Mining Code prior to conducting activities which may cause significant environmental impacts. However, the EIA process under the Mining Code is general-level and burdened with significant regulatory gaps. A major challenge to fill the regulatory gaps is the lack of knowledge of the deep-sea environment. Addressing these knowledge gaps in the exploitation regulations is crucial for protecting the deep-sea environment from significant and potentially irreversible harm.