We do not take a view on the merits or otherwise of activities in the Area, including seabed mining. Our mission is to assist in ensuring in the observance of the rule of law and the application of sound science to the regulation and management of activities in the Area in particular with respect to the protection and preservation of the marine environment in compliance of the law of the sea and other rules of international law.

Seabed mining generally refers to the exploration and exploitation of mineral (i.e. non-living) resources on and in the seabed. It includes offshore oil and gas extraction, as well as sand, gravel, tin and diamond mining which are mostly found on or in the ocean soil and subsoil located within 200 nautical miles of the coast and – other than oil and gas- in depths of less than 100 meters. Mineral resources found within these geographical limits are under the sovereign rights and exclusive  jurisdiction of the coastal State. However, this WG focuses specifically on the exploration and exploitation of mineral resources located on or in the ocean floor and subsoil beyond the limits of national jurisdiction. These  activities are often collectively referred to as ‘deep seabed mining’ (DSM or SBM for seabed mining). This “international”part of the deep seabed and subsoil is called the ‘Area’ under the Law of the Sea Convention. Under this Convention, the Area and its resources are the common heritage of mankind. All activities in the Area, including DSM, must be carried out for the benefit of mankind as a whole.

DSM is a new frontier industry for the ocean, on the cusp of becoming a reality with redoubtable environmental challenges and exciting technological tasks and opportunities.

DSM is yet another growing use of the oceans whose effects on the marine environment must be considered in the context of other activities at sea, which may occur nearby or otherwise be adversely affected (and vice versa), as well as the cumulative adverse effects from all these activities to ensure the protection and preservation of the marine environment. These other activities, such as fishing, the laying of submarine cables and shipping,  are (more or less effectively) regulated by the Law of the Sea Convention and other institutions and bodies, therefore requiring robust and effective collaboration mechanisms between them. These mechanisms are more specifically explored in the context of ACOPS WG1 on Governance Coherence and impacts on sensitive areas and species in ACOPS WG3. 

This is also an area where more research and dialogue can improve understanding of environmental issues as well as technological possibilities and limitations.

ACOPS has consultative status at the ISA. In this capacity and through the DSM community we engage with, we contribute to dialogues and developments in international law and marine sciences and technology to inform the decision-making process on the multi-faceted and multi-disciplinary aspects of this burgeoning activity.

We seek to raise awareness of deep-sea mining issues and link these to other international processes including IMO, London Convention/London Protocol and OSPAR where different aspects of the protection of the marine environment and the development of deep-sea mining are also discussed.

In addition to contributions to these intergovernmental processes, and a number of comments and text proposals for the new exploitation regulations in the making, ACOPS made the following contributions:  

• • An invited presentation on the occasion of the 25th anniversary of the ISA in November 2019 ‘Future of Deep-Sea Mineral Resources: Environmental Issues‘. Details of the celebratory event, its programme and presentations can be accessed here;
  • Extensive comments to the ISA Stakeholder Consultation in 2015 (ISBA/Cons/2015/1), available here;
  • The convening of a House of Lords dialogue on deep-sea mining in 2006.

• Website of the ISA: www.isa.org.jm
• Course on the UN Convention on the Law of the Sea and the 1994 Implementation Agreement on Deep Seabed Mining (Beyond National Jurisdiction) by Dr Tara Davenport from the Centre for International Law at the National University of Singapore, available here