There are concerns about the environmental impact of deep-sea mining, including damage to marine ecosystems and habitats, as well as the disruption of poorly understood deep-sea processes. It is important to carefully consider the potential consequences before pursuing industrialization efforts.
Dr. T. BALAJI
Deep-sea mining involves extracting mineral resources from the ocean floor using hydrodynamic or mechanical techniques and transporting them to processing plants on land via ships. This process has been around since the 1960s, but it has yet to be implemented on an industrial scale due to the potential for environmental pollution and the need for sustainable development. Sustainable development signifies meeting present needs while ensuring that future generations can also meet their own needs by balancing economic, social, and environmental factors. Sustainable development in deep sea mining is important because such mining could have long-term effects on the availability of resources and their impact on local communities. The push for deep-sea mining comes from the growing demand for high-value ores needed for economic growth, as terrestrial mineral reserves are becoming scarce. The ocean floor contains vast reserves of minerals that could be consumed for hundreds or even thousands of years. However, there are concerns about the environmental impact of deep-sea mining, including damage to marine ecosystems and habitats, as well as the disruption of poorly understood deep-sea processes. It is important to carefully consider the potential consequences before pursuing industrialization efforts.
The 2015 ruling of the Permanent Court of Arbitration in the case Republic of the Philippines and the People's Republic of China concerning the South China Sea emphasized the importance of sustainable development and environmental responsibility in the use of marine resources, particularly in the South China Sea, and the need to comply with international law.
Over the time, the concept of sustainable development has evolved from a focus on environmental pollution to a more comprehensive, interdisciplinary approach. For deep-sea mining, sustainability can be defined as a comprehensive concept that considers environmental sustainability, economic sustainability, biological sustainability, and energy use sustainability. This means that sustainability research for deep-sea mining transport plans must assess different designs while taking into account technological, economic, environmental, and social aspects simultaneously. The goal is to find a compromise or optimal balance among all these influencing factors.
Deep-sea mining can provide many benefits, but it is essential to consider its impact on the environment and communities and ensure that it is conducted in a sustainable manner. This involves careful planning and collaboration among stakeholders to incorporate sustainability into the design and implementation of mining operations. Deep-sea mining poses a significant threat to the environment and ecology, particularly biological resources. It can cause a variety of impacts on marine organisms, including blockage of breathing systems, hindering communication, toxicity, and burial. In addition, deep-sea mining can lead to physical, geochemical, and atmospheric impacts such as destruction of habitats, sediment plumes, and pollution. To ensure the sustainability of deep-sea mining, it is crucial to monitor and mitigate its impact on the environment and ecosystems, and to collaborate with stakeholders to conduct mining activities responsibly.
The United Nations Convention on the Law Of Sea (UNCLOS) and its 1994 Implementation Agreement pertaining to Part XI establish the global legal framework for deep seabed mining and marine scientific research in the Area, guided by the common heritage of mankind principle. This means that resources in the Area are owned by mankind as a whole, and no individual or State can claim or exercise rights over them except as per UNCLOS rules. Minerals recovered can only be sold in accordance with UNCLOS and the Authority's regulations. States must ensure their sponsored entities comply with UNCLOS regulations. Activities in the Area must benefit mankind, and financial benefits from seabed mining are equitably shared under rules developed by the Authority (UNCLOS Articles 133-143).
UNCLOS requires that necessary measures shall be taken to ensure effective protection for the marine environment from harmful effects which may arise from mining related activities. The Authority is to adopt appropriate rules, regulations and procedures for inter alia:
· the prevention, reduction and control of pollution and other hazards to the marine environment, and
· the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment (UNCLOS article 145).
UNCLOS in Part XII requires national rules for pollution from seabed activities in the Area as well as within national jurisdiction to be no less effective than international rules, standards and recommended practices and procedures (UNCLOS articles 208-209). Additionally, all States share a common obligation to protect and preserve the marine environment, including rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and other forms of marine life (UNCLOS articles 192 & 194.5).
The legal requirements of States sponsoring mining entities under UNCLOS were further explained through a special advisory opinion of the Seabed Disputes Chamber of the International Tribunal for the Law of the Sea in 2011. The Chamber advised that sponsoring States were required to exercise a high degree of “due diligence” to ensure that an entity they sponsor - including natural and juridical persons - complied with UNCLOS and the regulations adopted by the Authority - Seabed Disputes Chamber of the Int’l Trib. for the Law of the Sea, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area. (2011)
The Chamber has concluded that when a State acts as a sponsor of an entity, it must always implement laws, regulations, and administrative measures that are at least as strict as those set by the Authority and not less effective than other relevant international regulations for environmental protection. These measures must include the precautionary approach based on Principle 15 of the Rio Declaration, best environmental practices, technical and financial guarantees from contractors, the obligation to conduct an environmental impact assessment, and the provision of compensation for damages. To avoid the emergence of "sponsoring States of convenience" with different regulatory requirements, due diligence obligations are the same for developed and developing States. States may need to introduce new laws, administrative procedures, and resources to comply with these requirements. Failure to exercise due diligence may result in liability for any damage caused, including to the marine environment.
Around 71% of the Earth's surface is covered by oceans. It is important to protect the oceans from marine pollution because they play a vital role in supporting the diverse range of marine life. Marine pollution, including plastics, chemicals, and other waste materials, can harm marine ecosystems, endanger marine life. The concept of sustainable development plays a crucial role in the debate surrounding deep-sea mining. While deep-sea mining has the potential to provide many economic benefits, it also poses significant environmental and social risks. Sustainable development requires the consideration of economic, social, and environmental factors to ensure that present needs are met without compromising the ability of future generations to meet their own needs. As such, deep-sea mining must be conducted in a responsible and sustainable manner that takes into account the potential impacts on marine ecosystems, biodiversity, and local communities. The international legal framework for activities related to deep-sea mining and marine scientific research in the Area is established in UNCLOS Part XI, which emphasizes the common heritage of mankind and the need to protect the marine environment from harmful effects. It is essential that all stakeholders work together to develop and implement regulations and procedures that promote sustainable development while also ensuring the protection of the marine environment and the equitable sharing of benefits.
The author, Dr. T. Balaji, M.L., Ph.D is a Faculty of International Law at Chennai Dr. Ambedkar Government Law College, Pattaraiperumpudhur, Thiruvallur, Tamil Nadu. He is available for comments at drtbalaji2017@gmail.com.
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