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STRENGTHENING OCEAN GOVERNANCE | 25

mechanisms requiring the agreement of Indigenous When we talk about the risks associated with deep-
peoples and local communities, for example to sea mining, we often talk about nodules. In reality,
access or use marine genetic resources on the the extraction of sulphides and ferromanganese
continental shelf; and there can be overlaps between involves even greater environmental risks.
climate law and the law of the sea. The law of the
sea is set to evolve due to the coexistence of other Are hydrocarbons not included in those
laws that are equally important. We are only just categories?
discovering how these areas of law interact. At this To date, oil and gas can’t be extracted in the
point in time we are seeing an increasing diversity of common heritage of humanity area, but only from
stakeholders and issues and the growth of seabed the seabed under national jurisdiction, as is the
operations. The future of the law of the sea will be case for diamonds, sand, phosphates, etc. That
marked by these complementarity challenges. could change.

Where are we up to in terms of implementation? What jurisdiction applies to ecological damage
Currently, there are plans to commence mining caused by deep-sea mining activity?
operations on the continental shelf in the Area in For the environmental impact on the water column,
the short to medium term. I remain convinced that the regime of the high seas or of the EEZ is
the continental shelf will provide the most benefit applicable. The seabed comes under a different
for mineral resource mining from a financial point legal regime. Between 12 and 350 nautical miles
of view. But we don’t yet know how to go about from the shore, the regime of the continental
sharing any financial benefits fairly: no clear shelf applies. Beyond national jurisdiction, the
payment mechanism has been adopted to date, regime of the Area applies. In all cases, the marine
either for operations on the continental shelf or environment enjoys a broad spectrum of protection
in the Area. We are at the pre-operational stage and conservation obligations and the recently
where diverging interests and rights are being adopted BBNJ Agreement will have a role to play.
1
asserted, whether by the operators or Indigenous
communities (claiming cultural rights over the Will the next step be to harmonise these
seabed). Society is questioning the environmental approaches?
impact and economic justification, how the value The BBNJ Agreement supports an ecosystem
of the resources will be determined, what mining approach and erases the artificial separation
methods will be used, how the resources will be between the continental shelves and the Area,
redistributed, etc. and between the water column and the seabed.
The environmental impact research it requires
What minerals are involved when we talk about is applicable across borders, which will allow
deep-sea mining? for greater consistency in the protection and
We need to be very careful with this term because conservation of the marine environment.
it doesn’t specify where exactly the activities take
place. It usually includes mineral resources, but not 1.The Agreement under the United Nations Convention on the Law of
always. The term generally applies to three types the Sea on the Conservation and Sustainable Use of Marine Biological
Diversity of Areas Beyond National Jurisdiction, adopted in 2023.
of mineral resources: 1/ polymetallic nodules (which
just have to be picked up); 2/ hydrothermal sulphides
(which have to be extracted). These minerals are
discharged from ‘chimneys’ in subduction zones,
where specific organisms have developed; this leads
to a conflict of interest between mineral extraction,
exploitation of biodiversity and conservation;
3/ ferromanganese crusts (concretions that require
blasting).