Progress Amidst Challenges: IUCN Reflections on the ISA Council's 30th Session (Part 1)

Commitment to progress

The ISA's Secretary General emphasised her commitment to the ISA's mandate: to organize and control all mineral-resources-related activities in the international seabed area ("the Area" *) for the benefit of humankind as a whole. In so doing, the ISA is to ensure protection of the marine environment from harmful effects arising from deep-seabed-related activities. 

In her inaugural speech as the recently-elected Secretary General, she also acknowledged the importance of a state-led process through continued and good faith negotiations of the Mining Code, urging member states to approach negotiations with care and diligence. 

These messages resonated throughout the session, as many delegations expressed concerns about the current negotiation modalities and the need for more effective use of time.

Negotiations on the Mining Code central focus

We are talking about the Common Heritage of (Hu)mankind, the benefit of humanity as a whole, and the need to ensure the effective protection of the marine environment from potentially destructive and irreparable activities that will very likely cause more harm than good.” 

Pradeep Singh, Deputy Chair of the Ocean Law Specialist Group of IUCN WCEL and Lead of the Deep Seabed Mining Thematic Group of IUCN CEM.

The Mining Code dominated discussions, with approximately eight days dedicated to text negotiations. Delegates voiced frustration over the exclusion of numerous textual proposals from the revised draft. The lack of real-time tracking of proposed edits further complicated the negotiation process, leaving many uncertain about how their contributions would be reflected in future drafts.

Despite challenges, some provisions garnered overwhelming support for transition into a general policy instrument for the protection of the environment, raising questions about the implications of such a shift. Additionally, the session saw significant discussions on underwater cultural heritage, with indigenous leaders contributing valuable perspectives. Alongside the Federated States of Micronesia, Brazil and Greece were invited to co-facilitate further discussions on this crucial topic.

IUCN remains committed to the protection of deep sea marine biodiversity and the important work of the Authority to ensure no harm. Our delegation will continue to provide independent and impartial technical advice to member states as the ISA navigates the intricate seascape of international ocean governance.” 

Minna Epps, IUCN Director, Global Ocean Policy

Key developments 

A notable development was the emergence of a joint textual proposal on the theme of test mining and pilot mining from Germany, Belgium and China. However, the proposal was introduced late in the session, limiting thorough discussion, and the topic will be discussed intersessionally. 

In a positive turn, flexibility was displayed by a few delegations in showing openness to create a new and independent compliance committee as a subsidiary body under the Council, marking a departure from previous stances.

Towards the session's conclusion, proposals emerged to enhance efficiency in future negotiations, including the establishment of a "Friends of the President" group. This initiative aims to mobilize volunteers to take charge of specific provisions and draft proposals, fostering a collaborative spirit moving forward if implemented in a transparent and inclusive manner. The precise details of such a group and how it would work between ISA sessions remain elusive, with more clarity and information on modalities expected to follow.

Concerns raised 

On the final day of the meeting, IUCN placed on record concern over the singular and continued persistence, by a private entity, for exploitation activities to commence in the absence of rules, regulations and procedures established by the ISA. Proceeding outside of the authority of the ISA would be a breach of international law. 

IUCN reminded delegates and the room at large that the adoption of regulations require consensus among all members of the Council, and recalled the decisions adopted by the Council in 2023 expressing that commercial exploitation should not commence in the absence of regulations. These decisions, taken by consensus, are not a negotiable matter.

At the 2021 IUCN Congress in Marseille, IUCN Members voted to adopt Resolution 122 calling for a moratorium on deep-sea mining unless and until certain conditions are met, which includes the need for robust and science-based regulations.

The suggestion that exploitation activities might commence at this stage, where none of the conditions have been met, is unacceptable. Such pressure is certainly unwarranted, given that all member states of the Authority are engaging in good faith negotiations of the rules, regulations and procedures, which will eventually determine if and when exploitation activities can commence and, if so, under what conditions and parameters.” 

Pradeep Singh

Final Call for Effective Collaboration

Part 1 of the ISA Council's 30th Session underscored the complexities and challenges inherent in regulating deep-sea mining. As the Council prepares for its next meeting in July 2025 (Part 2), IUCN calls for continued collaboration among member states, stakeholders, and the scientific community. 

It is imperative that all parties remain committed to a transparent, inclusive, and science-based approach in shaping the future of the deep-sea environment, without being rushed or being bound by arbitrary and artificial deadlines in order to appease a handful of commercial actors. 

While the session highlighted some progress, it also revealed the pressing need for effective negotiation strategies and a unified commitment to safeguarding marine environments.

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*"The Area" covers around 54 per cent of the total area of the world’s oceans.