Clarion-Clipperton Fracture Zone of the Pacific Ocean has been a particular target
for contractors (Fig. 18.1).
Due to different geological and ecological features, there will be different environmental management considerations for each deposit type.
8
‘Exploration’
9
involves activities (such as surveys, data collection, and analysis) that are a precursor
to a subsequent mining phase, which the ISA terms ‘Exploitation’. Regulations for
Exploitation are currently under negotiation at the ISA.
10
This chapter examines the ISA rules and structures that are in place to manage the
environmental dimensions of existing exploration contracts, as well as those proposed for the future exploitation phase, and seeks to identify possible gaps that could
affect the ability of the ISA to comply with its environmental protection duties that
are explicitly required under UNCLOS.
2 Current Environmental Management (Exploration
Regime)
2.1 Environmental Regulations
While there are no separate ISA ‘environmental regulations’, the ISA currently
addresses environmental issues in three sets of Exploration Regulations,
11 one for
each of the three different types of mineral deposits. These are supplemented by a
document issued in 2013 by the ISA’s advisory body, the Legal and Technical
Commission (‘LTC’) entitled ‘Recommendations for the guidance of contractors
for the assessment of the possible environmental impacts arising from exploration
for marine minerals in the Area’
12 (‘the Recommendations’). Environmental aspects
8 SPC (2013).
9 Exploration is defined by the ISA in its Exploration Regulations as ‘searching for deposits
[of seabed minerals] in the Area with exclusive rights, the analysis of such deposits, the use and
testing of recovery systems and equipment, processing facilities and transportation systems and the
carrying out of studies of the environmental, technical, economic, commercial and other appropriate factors that must be taken into account in exploitation’. See ISBA/19/C/17 (22 July 2013),
“Decision of the Council of the International Seabed Authority relating to amendments to the
Regulations on prospecting and Exploration for Polymetallic Nodules in the Area and related
matters” Annex, Part I, Regulation 1.3. (b).
10 For more details and copies of relevant reports, stakeholder submissions, and iterations of the
draft Regulations, see https://www.isa.org.jm/legal-instruments/ongoing-development-regulationsexploitation-mineral-resources-area.
11 Available at https://www.isa.org.jm/mining-code/Regulations.
12 Available at https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba-19ltc8_0.pdf.
18 Regulating the Common Heritage of Mankind: Challenges in Developing a Mining. . . 335
for contractors (Fig. 18.1).
Due to different geological and ecological features, there will be different environmental management considerations for each deposit type.
8
‘Exploration’
9
involves activities (such as surveys, data collection, and analysis) that are a precursor
to a subsequent mining phase, which the ISA terms ‘Exploitation’. Regulations for
Exploitation are currently under negotiation at the ISA.
10
This chapter examines the ISA rules and structures that are in place to manage the
environmental dimensions of existing exploration contracts, as well as those proposed for the future exploitation phase, and seeks to identify possible gaps that could
affect the ability of the ISA to comply with its environmental protection duties that
are explicitly required under UNCLOS.
2 Current Environmental Management (Exploration
Regime)
2.1 Environmental Regulations
While there are no separate ISA ‘environmental regulations’, the ISA currently
addresses environmental issues in three sets of Exploration Regulations,
11 one for
each of the three different types of mineral deposits. These are supplemented by a
document issued in 2013 by the ISA’s advisory body, the Legal and Technical
Commission (‘LTC’) entitled ‘Recommendations for the guidance of contractors
for the assessment of the possible environmental impacts arising from exploration
for marine minerals in the Area’
12 (‘the Recommendations’). Environmental aspects
8 SPC (2013).
9 Exploration is defined by the ISA in its Exploration Regulations as ‘searching for deposits
[of seabed minerals] in the Area with exclusive rights, the analysis of such deposits, the use and
testing of recovery systems and equipment, processing facilities and transportation systems and the
carrying out of studies of the environmental, technical, economic, commercial and other appropriate factors that must be taken into account in exploitation’. See ISBA/19/C/17 (22 July 2013),
“Decision of the Council of the International Seabed Authority relating to amendments to the
Regulations on prospecting and Exploration for Polymetallic Nodules in the Area and related
matters” Annex, Part I, Regulation 1.3. (b).
10 For more details and copies of relevant reports, stakeholder submissions, and iterations of the
draft Regulations, see https://www.isa.org.jm/legal-instruments/ongoing-development-regulationsexploitation-mineral-resources-area.
11 Available at https://www.isa.org.jm/mining-code/Regulations.
12 Available at https://ran-s3.s3.amazonaws.com/isa.org.jm/s3fs-public/files/documents/isba-19ltc8_0.pdf.
18 Regulating the Common Heritage of Mankind: Challenges in Developing a Mining. . . 335