Moratoriums vs. Mining: How ISA's 30th Session Wrestled With Environmental Thresholds, Profit Sharing, and the Rush to Regulate

Part I of the 30th Session of the International Seabed Authority (ISA), was concluded on March 28 2025, marked significant developments in the ongoing effort to establish regulations for the exploitation of mineral resources in international seabed areas. As the governing body responsible for overseeing deep-sea mining under the United Nations Convention on the Law of the Sea (UNCLOS), the ISA is tasked with balancing resource extraction, environmental protection, and the equitable sharing of benefits among nations. This session, attended by all 36 Council Members, 24 non-Council Members, and 26 observer delegations, featured critical discussions and negotiations that are shaping the future of seabed mining. However, it also highlighted the complex challenges and divergent interests among member states and other stakeholders.

A central focus of the 30th Session was the ongoing negotiation of the Revised Consolidated Text of the Draft Exploitation Regulations, issued by the Council President in November 2024. The ISA Council meticulously reviewed these regulations on a case-by-case basis to enhance clarity and foster consensus on contentious issues.  The ISA Council worked diligently through these regulations on a case-by-case basis to ensure clarity and reach consensus on contentious issues. While substantial progress was made in some areas, the session also highlighted the complexities involved in crafting a comprehensive regulatory framework.  Several key issues remained unresolved, including whether seabed mining should proceed at all, the approval process, environmental impact assessments, profit-sharing mechanisms, the pace of regulatory adoption, and the balance between exploitation and environmental sustainability

Another critical aspect discussed during the session was the development of environmental standards for deep-sea mining. The Legal and Technical Commission (LTC) reviewed its progress on establishing binding environmental threshold values for activities such as toxicity, turbidity, sediment resettlement, underwater noise, and light pollution. While the commission proposed recommendations for the further development of these standards, along with research priorities, the session revealed that environmental concerns would continue to be a focal point in future negotiations. The growing advocacy from environmental organizations, such as the World Wildlife Fund (WWF), for a global moratorium on deep-sea mining, underscores the importance of these discussions. Environmental groups have raised concerns about the potential damage deep-sea mining could inflict on marine ecosystems, climate regulation, and the livelihoods of coastal and indigenous communities.

The session also saw a significant development with The Metals Company (TMC), a Canadian firm, announcing its intention to seeks U.S. approval, potentially bypassing global. This move brought urgency to the ongoing negotiations, as it highlighted the immediate need for a finalized and comprehensive regulatory framework governing seabed mining activity. As international pressure mounts to establish clear guidelines, the ISA must navigate competing interests from both industry and environmental advocacy groups.

The United States, despite not being a member of the ISA due to its failure to ratify UNCLOS, remains an influential actor in the debate over deep-sea mining through its observer status. This allows the U.S. to engage in discussions but precludes it from voting or sponsoring mining activities under the ISA framework. Recent reports suggest that the U.S. is considering a shift towards a unilateral approach to deep-sea mining, exploring executive orders to expedite permitting processes for mining in international waters. This approach is seen as part of the U.S.’s “America First” policy, which aims to reduce reliance on international institutions while accessing critical minerals. The Metals Company’s announcement to seek U.S. government permission for deep-sea mining in international waters is emblematic of this trend, as critics argue it risks violating international law and undermining ISA agreements. Multiple ISA members condemned the move, reiterating the Council’s 2023 stance that exploitation must await finalized RRPs. 

In contrast to the U.S. stance, China has been a prominent and active participant in the ISA. As a Council member and a sponsoring State for deep-sea exploration activities, China’s delegation has consistently highlighted its dedication to sustainable development and environmental protection in all seabed mining discussions. China’s involvement through state-sponsored entities, such as the China Ocean Mineral Resources R&D Association, and its support for the development of the ISA Mining Code, underscore the country’s active role in shaping global mining regulations. China has long advocated for the Common Heritage of Mankind principle, aiming to ensure that seabed resource development benefits all of humanity. China’s focus on marine scientific research, capacity development, and contributing to the ISA’s regulatory framework further solidifies its position as a key player in deep-sea mining governance.

The 30th Session also highlighted several critical points of contention in ISA negotiations. A major point of disagreement remains the timeline for finalizing mining regulations. While China and certain Pacific Island nations push for the rapid adoption of the Mining Code to enable exploitation, many European nations and environmental groups call for more time to strengthen environmental protections before any mining can take place. The debate over the stringency of environmental safeguards is similarly divisive, with some countries advocating for a complete moratorium on deep-sea mining until environmental concerns are addressed, while others seek a compromise that allows for mining activities with appropriate ecological safeguards.

Financial terms and benefit-sharing mechanisms also emerged as contentious issues. Developing countries continue to stress the importance of equitable benefit-sharing under the Common Heritage of Mankind principle, while some industrialized nations and corporations advocate for more favorable financial terms that align with their interests. Additionally, there is ongoing debate over the role of sponsoring states, with some calling for stronger accountability measures to ensure that mining contractors adhere to environmental and financial obligations. Transparency in ISA decision-making and contractor activities remains a critical point of discussion, as some stakeholders call for more rigorous oversight.

In conclusion, the 30th Session of the ISA, now with its Part I completed, marked important strides towards establishing a regulatory framework for deep-sea mining, but it also exposed the many challenges that remain in balancing economic interests, environmental protection, and global cooperation. The session underscored the ongoing divergence of views on how best to regulate seabed mining activities, as well as the importance of continued dialogue and negotiation to resolve these issues. As the ISA moves forward in its regulatory efforts, the outcomes of these discussions will play a crucial role in shaping the future of deep-sea resource governance and its broader implications for global environmental and economic sustainability.