Deep sea mining

Not to be confused with Naval mining.

Schematic of a polymetallic nodule mining operation. From top to bottom, the three zoom-in panels illustrate the surface operation vessel, the midwater sediment plume, and the nodule collector operating on the seabed. The midwater plume comprises two stages: (i) the dynamic plume, in which the sediment-laden discharge water rapidly descends and dilutes to a neutral buoyancy depth, and (ii) the subsequent ambient plume that is advected by the ocean current and subject to background turbulence and settling.

Deep sea mining is the extraction of minerals from the seabed of the deep sea. The main ores of commercial interest are polymetallic nodules, which are found at depths of 4–6 km (2.5–3.7 mi) primarily on the abyssal plain. The Clarion–Clipperton zone (CCZ) alone contains over 21 billion metric tons of these nodules, with minerals such as copper, nickel, and cobalt making up 2.5% of their weight. It is estimated that the global ocean floor holds more than 120 million tons of cobalt, five times the amount found in terrestrial reserves.

As of July 2024, only exploratory licenses have been issued, with no commercial-scale deep sea mining operations yet. The International Seabed Authority (ISA) regulates all mineral-related activities in international waters and has granted 31 exploration licenses so far: 19 for polymetallic nodules, mostly in the CCZ; 7 for polymetallic sulphides in mid-ocean ridges; and 5 for cobalt-rich crusts in the Western Pacific Ocean. There is a push for deep sea mining to commence by 2025, when regulations by the ISA are expected to be completed.

Deep sea mining is also possible in the exclusive economic zone (EEZ) of countries, such as Norway, where it has been approved. In 2022, the Cook Islands Seabed Minerals Authority (SBMA) granted three exploration licenses for cobalt-rich polymetallic nodules within their EEZ. Papua New Guinea was the first country to approve a deep sea mining permit for the Solwara 1 project, despite three independent reviews highlighting significant gaps and flaws in the environmental impact statement.

The most common commercial model of deep sea mining proposed involves a caterpillar-track hydraulic collector and a riser lift system bringing the harvested ore to a production support vessel with dynamic positioning, and then depositing extra discharge down the water column. Related technologies include robotic mining machines, as surface ships, and offshore and onshore metal refineries. Wind farms, solar energy, electric vehicles, and battery technologies use many of the deep-sea metals. Electric vehicle batteries are the main driver of the critical metals demand that incentivizes deep sea mining.

The environmental impact of deep sea mining is controversial. Environmental advocacy groups such as Greenpeace and the Deep Sea Mining Campaign claimed that seabed mining has the potential to damage deep sea ecosystems and spread pollution from heavy metal-laden plumes. Critics have called for moratoria or permanent bans. Opposition campaigns enlisted the support of some industry figures, including firms reliant on the target metals. Individual countries with significant deposits within their exclusive economic zones (EEZ's) are exploring the subject.

As of 2021, the majority of marine mining used dredging operations at depths of about 200 m, where sand, silt and mud for construction purposes is abundant, along with mineral rich sands containing ilmenite and diamonds.

Deposit types

Deep sea ore deposits are classified into three main types: polymetallic nodules, polymetallic sulfide deposits, and cobalt-rich crusts.

Polymetallic nodules

Polymetallic nodules on the deep seabed in the CCZ

Example of manganese nodule that can be found on the sea floor

Polymetallic nodules are found at depths of 4–6 km (2.5–3.7 mi) in all major oceans, but also in shallow waters like the Baltic Sea and in freshwater lakes. They are the most readily minable type of deep sea ore. These nodules typically range in size from 4–14 cm (1.6–5.5 in) in diameter, though some can be as large as 15 cm (5.9 in).

Manganese and related hydroxides precipitate from ocean water or sediment-pore water around a nucleus, which may be a shark's tooth or a quartz grain, forming potato-shaped nodules some 4–14 cm (1.6–5.5 in) in diameter. They accrete at rates of 1–15 mm per million years. These nodules are rich in metals including rare earth elements, cobalt, nickel, copper, molybdenum, and yttrium.

Nodule chemical composition from selected areas (wt%)

Location	Manganese	Iron	Nickel	Copper	Cobalt	Total REE (incl Yttrium)
CCZ	28.4	6.16	1.30	1.07	0.210	0.0813
Eastern CCZ	31.4	6.3	1.40	1.18	0.174	0.0701
Western CCZ	27.56	6.1	1.36	1.08	0.250	0.0801
Indian Ocean	24.4	7.14	1.10	1.04	0.111	0.1039
Cook Islands	16.1	16.1	0.38	0.23	0.411	0.1678
Peru Basin	34.2	6.12	1.30	0.60	0.048	0.0403

Polymetallic sulfides

Polymetallic or sulfide deposits form in active oceanic tectonic settings such as island arcs and back-arcs and mid ocean ridge environments. These deposits are associated with hydrothermal activity and hydrothermal vents at sea depths mostly between 1 and 4 km (0.62 and 2.5 mi). These minerals are rich in copper, gold, lead, silver and others.

Polymetallic sulphides appear on seafloor massive sulfide deposits. They appear on and within the seafloor when mineralized water discharges from a hydrothermal vent. The hot, mineral-rich water precipitates and condenses when it meets cold seawater. The stock area of the chimney structures of hydrothermal vents can be highly mineralized.

The Clipperton fracture zone hosts the world's largest deposit nickel resource. These nodules sit on the seafloor and require no drilling or excavation. Nickel, cobalt, copper and manganese make up nearly 100% of the contents.

Cobalt-rich crusts

Cobalt-rich crusts (CRCs) form on sediment-free rock surfaces around oceanic seamounts, ocean plateaus, and other elevated features. The deposits are found at depths of 600–7,000 m (2,000–23,000 ft) and form 'carpets' of polymetallic rich layers about 30 cm (12 in) thick at the feature surface. Crusts are rich in a range of metals including cobalt, tellurium, nickel, copper, platinum, zirconium, tungsten, and rare earth elements. Temperature, depth and seawater sources shape how the formations grow.

Cobalt-rich formations exist in two categories depending on the depositional environment:

• hydrogenetic cobalt-rich ferromanganese crusts grow at 1–5 mm/Ma, but offer higher concentrations of critical metals.
• hydrothermal crusts and encrustations precipitate quickly, near 1600–1800 mm/Ma, and grow in hydrothermal fluids at approximately 200 °C (392 °F)

Submarine seamount provinces are linked to hotspots and seafloor spreading and vary in depth. They show characteristic distributions. In the Western Pacific, a study conducted at <1500 m to 3500 m bsl reported that cobalt crusts concentrate on less than 20° slopes. The high-grade cobalt crust in the Western Pacific correlated with latitude and longitude, a region within 150°E–140°W and 30°S–30°N

Deposit types and related depths

Type	Typical depth range	Resources
Polymetallic nodules Manganese nodules	4,000 – 6,000 m	Nickel, copper, cobalt, and manganese
Manganese crusts	800 – 2,400 m	Mainly cobalt, some vanadium, molybdenum and platinum
Polymetallic sulfide deposits	1,400 – 3,700 m	Copper, lead and zinc, some gold and silver

Diamonds are mined from the seabed by De Beers and others.

Deposit sites

Deep sea mining sites hold polymetallic nodules or surround active or extinct hydrothermal vents at about 3,000–6,500 meters (10,000–21,000 ft) depth. The vents create sulfide deposits, which collect metals such as silver, gold, copper, manganese, cobalt, and zinc. The deposits are mined using hydraulic pumps or bucket systems.

The largest deposits occur in the Clarion–Clipperton zone in the Pacific Ocean. It stretches over 4.5 million square kilometers of the Northern Pacific Ocean between Hawaii and Mexico. Scattered across the abyssal plain are trillions of polymetallic nodules, potato-sized rocklike deposits containing minerals such as manganese, nickel, copper, zinc, and cobalt.

The Cook Islands contains the world's fourth largest deposit in the South Penrhyn basin close to the Manihiki Plateau.

Polymetallic nodules are found within the Mid-Atlantic Ridge system, around Papua New Guinea, Solomon Islands, Vanuatu, and Tonga, and the Peru Basin.

Cobalt-rich crusts are found on seamounts in the Atlantic and Indian Ocean, as well as countries such as the Pacific Federated States of Micronesia, Marshall Islands, and Kiribati.

On November 10, 2020, the Chinese submersible Striver reached the bottom of the Mariana Trench 10,909 meters (35,790 feet). Chief designer Ye Cong said the seabed was abundant with resources and a "treasure map" can be made.

Promising sulfide deposits (an average of 26 parts per million) were found in the Central and Eastern Manus Basin around Papua New Guinea and the crater of Conical Seamount to the east. It offers relatively shallow water depth of 1050 m, along with a nearby gold refinery.

United States

A 2023 study identified four regions in US territorial waters where deep sea mining would be possible: the Hawaiian Islands, the southeastern Blake Plateau, California, and the Gulf of Alaska. Hawaii has both nodules and CRCs, while the other sites hold CRCs. Each area features distinct risks. Mining Hawaii could generate plumes that could damage important fisheries and other marine life. California's waters host massive ship traffic and communication cables. Alaska waters are rich in bottom-dwelling commercially valuable sea life.

Deep sea mining projects

Hakurei

The world's first large-scale mining of hydrothermal vent mineral deposits was carried out by Japan Oil, Gas and Metals National Corporation (JOGMEC) from August to September 2017, using the research vessel Hakurei, at the 'Izena hole/cauldron' vent field within the hydrothermally active back-arc Okinawa Trough, which contains 15 confirmed vent fields according to the InterRidge Vents Database.

Solwara 1

The Solwara 1 Project was the first time a legitimate legal contract and framework had been developed on deep sea mining. The project was based off the coast of Papua New Guinea (PNG), near New Ireland province. The project was a joint venture between Papua New Guinea and Nautilus Minerals Inc. Nautilus Minerals held a 70% stake and Papua New Guinea purchased a 30% stake in 2011. PNG's economy relies upon the mining industry, which produces around 30–35% of GDP. Nautilus Minerals is a Canadian deep-sea mining company. The project was approved in January 2011, by PNG's Minister for Mining, John Pundari. The company leased a portion of the seabed in the Bismarck Sea. The lease licensed access to 59 square kilometers. Nautilus was allowed to mine to a depth of 1,600 meters for a period of 20 years. The company then began the process of gathering the materials and raising money for the project. The intent was to mine a high grade copper-gold resource from a weakly active hydrothermal vent. The target was 1.3 tons of materials, consisting of 80,000 tons of high-grade copper and 150,000 to 200,000 ounces of gold sulfide ore, over 3 years. The project was to operate at 1600 mbsl using remotely operated underwater vehicles (ROV) technology developed by UK-based Soil Machine Dynamics.

Community and environmental activists launched the Deep Sea Mining Campaign and Alliance of Solwara Warriors, comprising 20 communities in the Bismarck and Solomon Seas who attempted to ban seabed mining. Their campaign against the Solwara 1 project lasted for 9 years. Their efforts led the Australian government to ban seabed mining in the Northern Territory. In June 2019, the Alliance of Solwara Warriors wrote the PNG government calling for them to cancel all deep sea mining licenses and ban seabed mining in national waters. They claimed that PNG had no need for seabed mining due to its abundant fisheries, productive agricultural lands, and marine life. They claimed that seabed mining benefited only a small number of already wealthy people, but not local communities and Indigenous populations. Others chose to engage in more artistic forms, such as Joy Enomoto. She created a series of woodcut prints titled Nautilus the Protector. The activist community argued that authorities had not adequately addressed free, prior and informed consent for affected communities and violated the precautionary principle.

In December 2017 the company had difficulties in raising money and eventually could no longer pay what it owed to the Chinese shipyard where the "production support vessel" was docked. Nautilus lost access to the ship and equipment. In August 2019, the company filed for bankruptcy, delisted from the Toronto Stock Exchange, and was liquidated. PNG lost over $120 million dollars. Nautilus was purchased by Deep Sea Mining Finance LTD. PNG has yet to cancel the extraction license contract.

Shell

In the 1970s Shell, Rio Tinto (Kennecott) and Sumitomo conducted pilot test work, recovering over ten thousand tons of nodules in the CCZ.

Licenses

Licences for mineral exploration in the area beyond national jurisdiction registered with the International Seabed Authority (ISA) are mostly located in the CCZ. As of May 2024 the ISA has entered into 17 contracts with private companies and national governments in the CCZ, one contract with the Government of India in the Central Indian Ocean Basin (CIOB), and one contract with Chinese contractor Beijing Pioneer Hi-Tech Development Corporation in the Prime Crust Zone (PCZ) in the Western Pacific.

Cook Islands

In 2019, the Cook Islands passed two deep sea mining laws. The Sea Bed Minerals (SBM) Act of 2019 was to enable "the effective and responsible management of the seabed minerals of the Cook Islands in a way that also...seeks to maximize the benefits of seabed minerals for present and future generations of Cook Islanders." The Sea Bed Minerals (Exploration) Regulations Act and the Sea Bed Minerals Amendment Act were enacted in 2020 and 2021, respectively.

In February 2022, the Cook Islands government Seabed Minerals Agency (SBMA) announced the award of three five-year licences exploration activities in Cook Islands EEZ to private companies Moana Minerals Limited, the Cook Islands Consortium (CIC), and Cook Islands Investment Corporation - Seabed Resources (CIIC-SR).

Moana Minerals is a subsidiary of Ocean Minerals LLC (OML), a US-based private investment firm led by President and CEO Hans Smit. Hans Smit previously led Neptune Minerals, Inc a DSM company interested in SMS exploitation in Papua New-Guinean waters. He also served as Managing Director of Royal IHC MMP, focused on underwater mining activities, and worked on underwater mining systems used for subsea diamond mining.

In 2023, the SBMA announced the results of a technical report on the polymetallic nodule deposit of the Cook Islands' exclusive economic zone, undertaken on its behalf by RSC Mining and Mineral Exploration. The study was based on the analysis of both historical samples from previous scientific cruises, as well as data from recent work undertaken by SBMA PMN exploration contractors CIIC-SR and Moana. RSC produced a JORC Code (2012)-compliant Mineral Resource Statement for parts of the EEZ totalling 6.7 billion tons of polymetallic nodules (wet), grading 0.44% Co, 0.21% Cu, 17.4% Fe, 15.8% Mn, and 0.37% Ni. Of this total resource, 304 million tons of nodules grading 0.5% Co, 0.15% Cu, 18.5% Fe, 15.4% Mn, and 0.25% Ni, are assessed at Indicated Resource, whereas Inferred Resources account for 6.4 billion tons grading 0.4% Co, 0.2% Cu, 17% Fe, 16% Mn, and 0.4% Ni.

				Metal grades (%)
Classification	Cut-off (kg/m2)	Abundance (wet) kg/m2	Nodules Mt (wet)	Co	Cu	Fe	Mn	Ni
Indicated	5	26.7	304	0.50	0.15	18.5	15.4	0.25
Inferred	5	14	6400	0.4	0.2	17	16	0.4
Global	5	14.4	6700	0.44	0.21	17.4	15.8	0.37

The Metals Company (TMC)

In 2023, a Canadian company, The Metals Company, partnered with the island nation of Nauru to start mining in the CCZ through its Nauru-domiciled Nauru Ocean Resources Inc. (NORI) subsidiary. It controls two further ISA exploration licences in the CCZ through Kiribati-based Marawa Research and Exploration Ltd., and Tonga Offshore Mining Limited (TOML), which it acquired from Deep Sea Mining Finance Limited in April 2020.

Norway

In January 2024 Norway's parliament allowed multiple companies to prospect for DSM resources, mainly Seafloor Massive Sulfides (SMS), but also potentially Cobalt-rich crusts in the Norwegian EEZ, as well as on its continental shelf extension, along Mohns and Knipovich ridges Jan Mayen and Svalbard in the North Atlantic.

Norway's Institute of Marine Research recommended five to ten years of research before allowing mining. In late April 2024, the Norwegian Offshore Directorate invited interested parties to nominate blocks in this area for a first round of mineral exploration licences. First licence awards are expected for early 2025.

Three Norwegian start-up companies, Loke Marine Minerals, Green Minerals, and Adepth Minerals were expected to apply for licenses. In March 2023 Loke acquired Lockheed Martin subsidiary UK Seabed Resources Limited (UKSRL). This saw UKSRL's two PMN exploration licences in the CCZ, as well as its 19.9% stake in Ocean Minerals Singapore (OMS), an ISA contractor for PMNs in the CCZ. OMS is majority-controlled by Singaporean state-owned Keppel Offshore & Marine, now part of also Singaporean state-owned Seatrium.

Green Minerals is another Norwegian company which has expressed interested in mining seafloor massive sulfide (SMS) deposits in the Norwegian EEZ. In January 2023, Green Minerals signed a memorandum of understanding with the ISA to obtain an exploration licence for PMNs in the CCZ. In its May 2024 Capital Markets Day Presentation, it confirmed its ambitions to commence mining operations on SMS deposits on the Norwegian continental shelf and EEZ by 2028, as well as explore for PMNs in the CCZ in the future.

After in April 2024, the Norwegian government opened up an exploration area in the Norwegian and Greenland Seas, the World Wide Fund for Nature (WWF) declared that it would take legal action against the decision. According to the government, the seabed contains many resources including copper, zinc and cobalt, which are necessary for producing mobile phones, wind turbines, computers and batteries but as for now supplies are controlled by China or “authoritarian countries”. In June the energy ministry submitted "a proposal to announce the first licensing round on the Norwegian continental shelf for public consultation." According to the government, the aim is to understand if a sustainable deep sea mining there can occur. Otherwise, "deep-sea mining would not be permitted".

Extraction methods

Discoverer Inspiration delivers new containment cap to the Deepwater Horizon oil spill on 10 July 2010. In the background are the Discoverer Enterprise, GSF Development Driller II, and Helix Producer I

Robotics and AI technologies used to selectively harvest nodules while minimizing disturbances to the deep sea environment are under development.

Remotely operated vehicles (ROVs) are used to collect mineral samples from prospective sites, using drills and other cutting tools. A mining ship or station collects the deposits for processing.

The continuous-line bucket system (CLB) is an older approach. It operates like a conveyor-belt, running from the bottom to the surface where a ship or mining platform extracts the minerals, and returns the tailings to the ocean.

Hydraulic suction mining instead lowers a pipe to the seafloor and pumps nodules up to the ship. Another pipe returns the tailings to the mining site.

Process

The three stages of deep-sea mining are prospecting, exploration and exploitation. Prospecting entails searching for minerals and estimating their size, shape and value. Exploration analyses the resources, testing potential recovery and potential economic/environmental extraction impacts. Exploitation is the recovery of these resources.

Resource assessment and pilot mining are part of exploration. If successful, "resources" attain a "reserves" classification. Bottom scanning and sampling use technologies such as echo-sounders, side scan sonars, deep-towed photography, remotely-operated vehicles, and autonomous underwater vehicles (AUV).

Extraction involves gathering material (mining), vertical transport, storing, offloading, transport, and metallurgical processing.

Polymetallic minerals require special treatment. Issues include spatial tailing discharges, sediment plumes, disturbance to the benthic environment, and analysis of regions affected by seafloor machines.

Environmental impacts

Deep sea mining (like all mining) must consider potential its environmental impacts. Deep sea mining has yet to receive a comprehensive evaluation of such impacts.

Environmental impacts include sediment plumes, disturbance of the bottom, and tailing disposition.

Technology is under development to mitigate these issues. This includes selective pick-up technology that leaves alone nodules that contain life and leaves behind some nodules to maintain the habitat.

The United Nations Environment Programme (UNEP) emphasizes the need for a comprehensive assessment of the environmental impacts of deep-sea mining, which targets polymetallic nodules at depths of 3–6.5 km (1.9–4.0 mi), polymetallic sulphides at 1–4 km (0.62–2.5 mi), and cobalt-rich ferromanganese crusts between <400 m and 3.5 km. Researchers and governments have raised significant concerns about the potential impacts on unique and fragile ecosystems, with only 24.9% of the deep seabed mapped. These ecosystems are essential for ocean and carbon cycling and are vulnerable to climate change. There are widespread calls for a moratorium on deep-sea mining until its environmental, social, and economic risks are fully investigated. The International Seabed Authority (ISA) aims to finalize exploitation regulations by 2025, and a new agreement under the UN Convention on the Law of the Sea (UNCLOS) on marine biodiversity was adopted on 19 June 2023.

Sediment plumes

Plumes are caused when mine tailings (usually fine particles) are returned to the ocean. As the particles are fine (small and light), they can remain suspended in the water column for extended periods and spread over large areas if regenerated at the surface of the ocean. Tailings increase water turbidity (cloudiness). Plumes form wherever the tailings are released, typically either near the bottom plumes or at the surface.

Near-bottom plumes occur when the tailings are pumped back down to the mining site. Depending on particle size and water currents, surface plumes can spread widely. In shallow water, sediment can resuspend following storms, starting another cycle of damage.

Benthic disturbance

Removing parts of the sea floor disturbs the habitat of benthic organisms.

Preliminary studies indicated that the seabed requires decades to recover from even minor disturbances.

Nodule fields provide hard substrate on the bottom, attracting macrofauna. A study of benthic communities in the CCZ assessed a 350 square mile area with an ROV. They reported that the area contained a diverse abyssal plain megafaunal community. Megafauna (species longer than 20 mm (0.79 in)) included glass sponges, anemones, eyeless fish, sea stars, psychropotes, amphipods, and isopods. Macrofauna (species longer than 0.5mm) were reported to have high species diversity, numbering 80 -100 per square meter. The highest species diversity was found among polymetallic nodules. In a follow-up survey in areas with potential for seabed mining, researchers identified over 1,000 species, 90% previously unknown, with over 50% dependent on polymetallic nodules for survival.

Noise and light pollution

Deep sea mining generates ambient noise in normally quiet pelagic environments. Noise pollution affects deep sea fish species and marine mammals. Impacts include behavior changes, communication difficulties, and temporary and permanent hearing damage.

Light pollution affects the environment of DSM sites as they are normally pitch dark. Mining efforts may increase light levels to illuminate the bottom. Shrimp found at hydrothermal vents suffered permanent retinal damage when exposed to submersible floodlights. Behavioral changes include vertical migration patterns, ability to communicate, and ability to detect prey.

Ecosystem

Polymetallic nodule fields are hotspots of abundance and diversity for abyssal fauna. Sediment can clog filter-feeding organisms such as manta rays. As they block the sun, they inhibit growth of photosynthesizing organisms, including coral and phytoplankton. Phytoplankton sit at the bottom of the food chain. Reducing phytoplankton reduces food availability for all other organisms. Metals carried by plumes can accumulate in tissues of shellfish. This bioaccumulation works its way through the food web, impacting predators, including humans.

The nodules are also important for oxygen production in the absence of light and photosynthesis. Nodules the size of potatoes have shown to be able to produce an electric current that is almost equal to the voltage in an AA-sized battery. This generate electric currents strong enough to perform electrolysis, which splits water molecules into hydrogen and oxygen.

One report states that biomass loss stemming from deep sea mining is estimated to be significantly smaller than that from mining on land. One estimate of land ore mining reports that it will lead to a loss of 568 megatons of biomass (approximately the same as that of the entire human population) versus 42 megatons of biomass from DSM. In addition, land ore mining will lead to a loss of 47 trillion megafauna organisms, whereas deep-sea mining is expected to lead to a loss of 3 trillion.

This kind of estimation does not take into account the recoverability of the situation: how long does nature need to reclaim an abandoned site. By contrast, a different study reported that deep sea mining would be approximately 25 times worse for biodiversity than land mining.

According to the International Union for Conservation of Nature: "Not only is deep-sea mining an energy-intensive industry with high greenhouse gas emissions, but disruption of the ocean floor, which is by far the largest carbon storage reservoir on Earth, can lead to reduced carbon sequestration as well as the release of large amounts of the potent greenhouse gas methane, exacerbating the climate crisis".

Dark Oxygen

A new insight into the complexity of the abyssal environment has been provided by a team of researchers from the Scottish Society of Marine Sciences. They have found that manganese nodules on the deep sea floor produce oxygen. The manganese nodules act as a kind of battery due to their composition with different metals and release oxygen into the environment. As it was previously thought that only plants and algae produce dark oxygen (oxygen produced without light), this can be seen as a scientific landslide.

Laws and regulations

Deep-sea mining is not governed by a universal legal framework. Various norms and regulations have emerged both at an international level and within individual countries. The United Nations Convention on the Law of the Sea (UNCLOS) sets the overarching framework. The United States did not ratify the founding treaty.

The Origins of Global Ocean Politics and the Formation of the United Nations Convention Law of the Sea

The ocean was traditionally seen as an ungoverned space, reflected in the 17th-century principle of Mare Liberum, or the freedom of the sea, proposed by Dutch jurist Hugo Grotius. Grotius argued that seas were open to all states for navigation and trade, supporting Dutch maritime expansion. However, as technology advanced and human activity in the ocean grew, tensions over governance arose. This led to the competing framework of Mare Clausum, or the closed sea, proposed by English jurist John Selden in 1635. Mare Clausum advocated for coastal state sovereignty over adjacent waters, aligning with England's goals to control trade routes and fisheries.

The increasing complexity of maritime use and disputes between Mare Liberum and Mare Clausum highlighted the need for a comprehensive legal framework. Early efforts, including the United Nations Conferences on the Law of the Sea (UNCLOS I in 1958 and UNCLOS II in 1960), failed due to dis-agreements over the balance between freedom of the seas and sovereign rights. These issues were addressed with the adoption of the United Nations Convention on the Law of the Sea (UNCLOS) on December 10, 1982, providing a universally accepted framework. Amendments to the deep seabed provisions led to the 1994 Agreement and the Part XI Implementation Agreement, which entered into force on November 16, 1994, for ratifying states, aligning with the United Nations' role and Sustaina-ble Development Goal 14.

UNCLOS, comprising over 400 articles and nine annexes, is the most detailed codification of mari-time law ever undertaken by states under the UN. Driven by complex historical debates and evolving uses of the sea, the Convention represents a compromise between freedom and territorial control. Adopted after nine years of negotiations, it was celebrated as a milestone in international law, despite challenges over provisions related to reaching a collective con-sensus over the seabed and areas beyond national jurisdiction.

UNCLOS created three new key institutions, playing distinct yet interrelated roles, ensuring effective governance. First, the International Tribunal for the Law of the Sea (ITLOS), functioning as an inde-pendent judicial body with the authority to resolve disputes arising from the interpretation or applica-tion of the Convention.

Second, is the International Seabed Authority (ISA). An autonomous international organization that oversees and regulates all mineral resource-related activities in the seabed area beyond national juris-diction (ISA).

Third, is the Commission on the Limits of the Continental Shelf (CLCS), playing a technical and advi-sory role, particularly in delineating the outer limits of a state’s continental shelf.

Fourth, the Meeting of States Parties (MSP), or the Meeting of States Parties to the Law of the Sea Convention (SPLOS). Convened in accordance with Article 319, paragraph 2(e) of UNCLOS (1982), the MSP serves as a forum for member states to discuss and coordinate the implementation of the Convention. It holds significant administrative functions, including the election of ITLOS, and CLCS members.

The Legal Territorialization of Water Zones

The 20th century saw significant challenges to the free sea order, particularly regarding claims over maritime resources. In 1945, the Truman Doctrine set a precedent by asserting U.S. jurisdiction over the continental shelf's natural resources , . This was followed by the 1952 Santiago Declaration, where Chile, Ecuador, and Peru claimed full sovereignty over their seabed and subsoil up to 200 nautical miles, extending this sovereignty to the waters and airspace above . The wave of decolonization also led newly independent states to priori-tize control over marine resources for economic development. These declarations influenced the 1982 Law of the Sea, particularly shaping the exclusive economic zone and the continental shelf's extent. This development marked a shift towards a zonal approach in international mari-time law, dividing ocean spaces into distinct jurisdictional zones governed by the principles of sover-eignty and freedom.

Under UNCLOS, states have the right and obligation to regulate activities within their coastal waters and continental shelf, structured spatially by legal zoning as follows: The Territorial Sea, extends up to 12 nautical miles from the baseline, where states can regulate laws and resources, with foreign ships granted innocent passage, including warships; the Exclusive Economic Zone stretches up to 200 nautical miles, where the state holds exclusive rights over mineral and economic resources and must preserve the environment, though it cannot restrict foreign ships. The enclosure of the EEZ marked a shift from global commons to state-controlled waters for economic and security reasons; the Extended Continental Shelf, governed by complex criteria and negotiation, allows states to claim up to 350 nau-tical miles beyond their continental shelf . Articles 76 to 85 of UNCLOS Part VI empha-size the importance of the continental shelf’s natural resources, excluding fisheries. Notably, the Area, where the Convention designates over 50 per cent of the seabed as international jurisdiction, recogniz-ing it as the common heritage of humankind, which entails its non-appropriation by states or private entities, its use exclusively for peaceful purposes, and benefits shared equitably. , Regarding Straits, Article 38 of UNCLOS ensures the right of international navigation, allow-ing continuous transit without coastal state interference, though states may regulate for safety and en-vironmental protection. Additionally, the flag state holds jurisdiction over its registered ships, ensur-ing compliance with international laws.

The International Seabed Authority (ISA)

The International Seabed Authority (ISA) was established under Article 156 of UNCLOS 1982 as an autonomous intergovernmental organization. Following the adoption of the implementing Agreement on July 28, 1994, and its entry into force on November 16, 1994, the ISA held its inaugural meeting in Jamaica. It gained observer status at the United Nations in October 1996, confirming its recognition as a legal entity under international law..

Under Article 157 of UNCLOS and the Part XI implementing agreement, the ISA is tasked with or-ganizing and controlling activities in the Area, designated as the common heritage of mankind under Article 140 (LOSC 1982, UN 1994). This role has grown in importance with increasing interest in marine mineral exploitation by states and private entities. The ISA operates through three main organs: the Assembly, the Council, and the Secretariat. All 168 States Parties to UNCLOS, including the EU, are members of the Assembly, which elects the Council and Secretary-General, holds the authority to approve or reject the Council's proposals for seabed mining, and oversees the Authority's budget.

The 36-member Council authorizes contracts for seabed exploration and exploitation and proposes governance regulations subject to the Assembly's approval. It also nominates the Secretary-General, who serves a four-year term as the chief administrative officer of the ISA, supervises staff, and en-sures impartiality by refraining from mining-related financial interests. Additional advisory bodies include the Legal and Technical Commission, which makes recommenda-tions on mining rules, and the Finance Committee, which addresses budgetary matters. Members are nominated by states and serve in their personal capacities. The Enterprise, the Authority’s commercial arm, is empowered to conduct mining operations, initially through joint ventures, to generate revenues for equitable distribution among developing nations , . However, critics, particularly environmental groups, argue that the ISA faces a conflict of interest as both regulator and potential operator through the Enterprise. The ISA has denied these allegations.

Extraction an Exploitation Contracts

Article 153(2) of UNCLOS stipulates that exploration and exploitation of seabed minerals in the Area must occur under a contract with the ISA, adhering to its rules, regulations, and procedures cf. Article 162(2)(b) (UN 1982). Part XI of the Convention and the 1994 Implementation Agreement provide detailed mechanisms for ISA's administration of these contracts, ensuring compliance with international standards.

Contracts are open to both public and private enterprises sponsored by an UNCLOS State Party, pro-vided they meet technological and financial criteria. The Council must evaluate whether economic pressures to exploit deep-sea minerals align with the need to protect marine ecosystems and biodiversity. Section 1(7) of the Annex to the 1994 Agreement requires contractors to complete preparatory work, including environmental obligations, before exploitation. Applications must include an environmental impact assessment (EIA) and a program for oceanographic and environmental studies, with exploita-tion plans requiring detailed information. Revenues from deep-seabed mining are intended for equitable distribution for the benefit of mankind, emphasizing support for developing countries lacking resources to participate independently .

Since 1994, the ISA has authorized mining contracts in the Atlantic, Pacific, and Indian Oceans, fo-cusing on polymetallic nodules, polymetallic sulfides, and cobalt crusts found at depths of 400 to 7,000 meters . While regulations include environmental protection measures, scientists warn that mining these deposits risks irreparable harm to critical ecosystems, the ocean’s carbon sink functions, and marine biodiversity .

State Sponsorship

Under the ISA licensing framework, only specific entities are eligible to conduct deep seabed mining in the Area I. According to UNCLOS, such activities are restricted to States Parties or enti-ties, state-owned or private, nationally affiliated with or effectively controlled by these states. Sponsorship by a State Party, as required by Article 153(2)(b), is mandatory. Furthermore, Annex III, Article 4(3). specifies that private corporations must secure sponsorship from their home state, and if another state exerts effective control, its sponsorship is also required.

To obtain approval, States or State-sponsored entities must submit a plan of work to the ISA, which, upon approval, becomes a binding contract. This framework allows private compa-nies to collaborate with sponsoring states, leveraging their technological resources cf. Article 162(2)(b) while operating under ISA’s regulatory oversight. The sponsorship requirement ensures entities comply with UNCLOS obligations, as highlighted by ITLOS, binding non-state actors to international and domestic legal responsibilities, cf. Annex III, Article 4(4), and Article 139 in the Convention. Sponsorship also reinforces state ac-countability, ensuring non-state actors operate under domestic legal systems .

Non-parties to UNCLOS and non-state actors associated with such states are excluded from deep seabed mining activities. This exclusion underscores UNCLOS’s role as the prevailing legal frame-work for regulating seabed resource activities, with alternative regimes likely deemed inconsistent with international law.

The Two-Year Rule

UNCLOS, as amended by the 1994 Implementing Agreement, provides the legal framework for regu-lating activities in the Area and tasks the ISA with developing and enforcing rules, regulations, and procedures for exploring and exploiting mineral resources.

A contentious provision within UNCLOS, referred to as the two-year rule, established in Section 1(15) of the Annex to the 1994 Implementation Agreement, permits any Member State of ISA, who’s national intends to submit a plan of work for exploitation, to request the ISA Council to complete and adopt the necessary regulatory framework within two years. If the Council fails to finalize the exploitation regulations within the prescribed period, it is nonetheless required to “consider” and “provisionally approve” the submitted application, even in the absence of a fully de-veloped regulatory structure, cf. Section 1(15)(c) of the Annex to the 1994 Agreement on Implementation. As further prescribed in Article 162(2)(o)(ii), UNCLOS though requires the ISA Council to adopt and temporarily apply rules, regulations, and procedures for activities like prospect-ing, exploration, and exploitation in the seabed area. These temporary rules must then be reviewed and approved by the Assembly, as outlined in Article 160(2)(e)(ii).

The Council's decisions on these regulations must be reached by consensus, meaning no formal objec-tions can be raised. Unlike most Council decisions, this rule, while ensuring broad agreement, enables any single objection to block progress, potentially leading to deadlock.. In such cases, the Council is required to pursue dispute resolution, including compulsory conciliation. This requirement for consensus is crucial, hence without agreed-upon regulations, the Council is not authorized to evaluate applications for exploration or exploitation, effectively stalling activities in the Area.

Section 1(15) offers a pathway to circumvent such deadlocks, particularly when a small group of members obstructs progress. However, this mechanism is less effective when legitimate concerns exist about the adequacy of the regulatory framework, which may require more time to ensure a pre-cautionary and thorough approach to resource exploitation.

A Mining Code or Precautionary Moratorium?

In June 2021, the Republic of Nauru partnered with The Metals Company to extract deep-sea miner-als, driven by the need for renewable energy to support its energy sector . While deep-sea mining could provide vital resources, its extraction requires significant energy and capital, and may cause environmental and social impacts on the island. Although it offers some relief, deep-sea mining alone is unlikely to meet long-term demand , .

By July 2023, Nauru’s two-year rule expired, yet UNCLOS ensures that extraction beyond national jurisdiction should benefit developing states , , . This highlights the ongo-ing tension and key ocean paradigms, underpinning the discussing discourse between resource access, ocean health and equitable distribution, compounded by the challenges of crafting universally binding agreements under competing interests .

Since Nauru’s application in 2021, the ISA has not established a clear legal process for mining, de-spite efforts since 2016 to create a Mining Code. The ISA aims to adopt a new code by 2025, which will offer a stronger regulatory framework, but concerns remain about legal gaps until then. Critics argue for a precautionary morato-rium or ban, with support from over 900 experts , , , but experts note that issuing mining licenses is complicated until the Mining Code is finalized .

History

See also: § Deep sea mining efforts, and § Laws and regulations

In the 1960s, the prospect of deep-sea mining was assessed in J. L. Mero's Mineral Resources of the Sea. Nations including France, Germany and the United States dispatched research vessels in search of deposits. Initial estimates of DSM viability were exaggerated. Depressed metal prices led to the near abandonment of nodule mining by 1982. From the 1960s to 1984 an estimated US $650 million was spent on the venture, with little to no return.

A 2018 article argued that "the 'new global gold rush' of deep sea mining shares many features with past resource scrambles – including a general disregard for environmental and social impacts, and the marginalisation of indigenous peoples and their rights".

2000s

• In 2001, China Ocean Mineral Resources Research and Development Association (COMRA), received China's first exploration license.

2020s

This section is an excerpt from Timeline of sustainable energy research 2020 to the present § Seabed mining.[edit]

2020

• Researchers assess to what extent international law and existing policy support the practice of a proactive knowledge management system that enables systematic addressing of uncertainties about the environmental effects of seabed mining via regulations that, for example, enable the International Seabed Authority to actively engage in generating and synthesizing information.

2021

• A moratorium on deep-sea mining until rigorous and transparent impact assessments are carried out is enacted at the 2021 world congress of the International Union for the Conservation of Nature (IUCN). However, the effectiveness of the moratorium may be questionable as no enforcement mechanisms have been set up, planned or specified. Researchers have outlined why there is a need to avoid mining the deep sea.
• Nauru requested the ISA to finalize rules so that The Metals Company be approved to begin work in 2023.
• China's COMRA tested its polymetallic nodules collection system at 4,200 feet of depth in the East and South China Seas. The Dayang Yihao was exploring the Clarion–Clipperton zone (CCZ) for China Minmetals when it crossed into the U.S. exclusive economic zone near Hawaii, where for five days it looped south of Honolulu without having requested entry into US waters.
• Belgian company Global Sea Mineral Resources (GSR) and the German Federal Institute for Geosciences and Natural Resources (BGR) conduct a test in the CCZ with a prototype mining vehicle named Patania II. This test was the first of its kind since the late 1970s.

2022

• Impossible Metals announces its first underwater robotic vehicle, 'Eureka 1', has completed its first trial of selectively harvesting polymetallic nodule rocks from the seabed to help address the rising global need for metals for renewable energy system components, mainly batteries.

2023

• Supporters of mining were led by Norway, Mexico, and the United Kingdom, and supported by The Metals Company.
• Chinese prospecting ship Dayang Hao prospected in China-licensed areas in the Clarion Clipperton Zone.

2024

• Norway approved commercial deep-sea mining. 80% of Parliament voted to approve.
• On February 7, 2024, the European Parliament voted in favor of a Motion for Resolution, expressing environmental concerns regarding Norway's decision to open vast areas in Arctic waters for deep-sea mining activities and reaffirming its support for a moratorium.
• In July 2024, at the 29th General Assembly of the International Seabed Authority in Kingston, Jamaica, 32 countries united against the imminent start of mining for metallic nodules on the seafloor. In his address titled "Upholding the Common Heritage of Humankind", President Surangel S. Whipps Jr. of Palau highlighted the critical need to protect the deep ocean from exploitation and modern-day colonialism.
• In December 2024 Norway suspended deep sea mining, after the Socialist Left (SV) party said that otherwise, it would not support the budget.

Protests

In December 2023, the research vessel MV Coco was disrupted by Greenpeace activists blocking the collection of data to support a mining permit. Obstructing canoes and dinghies were countered by water hoses. The mining ship was conducting research for The Metals Company. The vessel MV Coco is owned by Magellan.

BMW pledged not to use DSM materials in its cars. In October 2023, the UK joined Canada and New Zealand in calling for a moratorium. In the beginning of August 2024, 32 countries were against the immediate commencement of deep sea mining.

Alternatives

The environmental organization "The Oxygen Project" generally proposes, as an alternative to deep sea mining, "system change to sustainable alternative economic models that don't require infinite resource extraction from our environment". The Environmental Justice Foundation and Greenpeace proposed circular economy, public transport, and less car dependency, energy efficiency and resource efficiency.

See also

• Seabed mining – Mineral recovery from the bottom of the sea
• Blue economy – Economy based on exploitation and preservation of the marine environment
• Blue justice
• Copper mining in the Democratic Republic of the Congo
• Deepsea mining in Namibia
• Deepwater drilling – Using a drilling rig to bore holes for petroleum extraction in deep sea
• Human impact on marine life
• Ocean colonization – Type of ocean claim
• Ocean development – Establishing of human activities at sea and use of the ocean

Sources

• United Nations Convention on the Law of the Sea (PDF). United Nations. 10 December 1982.

External links

• The Deep Sea Mining Summit 2023 "The international forum for deep sea mining professionals"
• "Who Will Claim Common Heritage?–Corporate interests endanger international agreement on deep seabed minerals" in Multinational Monitor
• Geophysical Methods for the Mapping of Deep-Sea Mineral Deposits – November 2014 Ocean News & Technology magazine
• "Deep Sea Mining: Out Of Our Depth". 3 January 2012. Archived from the original on 8 December 2015. Retrieved 2 March 2023.
• "Why are countries laying claim to the deep-sea floor?" - BBC article 21 June 2017
• Verichev, Stanislav; Drobadenko, Valery; Malukhin, Nikolay; Vilmis, Alexandr; Lucieer, Pieter; Heeren, John; Van Doesburg, Bob (2012). "Assessment of Different Technologies for Vertical Hydraulic Transport in Deep Sea Mining Applications". Volume 3: Pipeline and Riser Technology. pp. 137–144. doi:10.1115/OMAE2012-83156. ISBN 978-0-7918-4490-8.
• Mining the Deep Sea