ISA Struggles to Finalize Deep-Sea Mining Code

Two weeks of negotiations at the International Seabed Authority (ISA) have wrapped with no final agreement in sight, as the organization struggles to finalize a regulatory framework for deep-sea mining amid mounting international tensions and political pressure from the United States.

Delegates from the ISA’s 36-member executive council spent the past days conducting a full, line-by-line reading of the proposed deep-sea “mining code,” which outlines 107 provisions governing commercial mineral extraction in areas beyond national jurisdiction. Despite the exhaustive review, key environmental safeguards and enforcement mechanisms remain unresolved.

“This marks a significant milestone,” said Council President Duncan Muhumuza Laki, prompting applause from delegates. But the celebration was muted by the lack of consensus on fundamental issues.

The proposed rules would govern how metals like cobalt, nickel, and manganese—key materials for electric vehicle batteries and clean energy infrastructure—are harvested from the seafloor. After more than a decade of negotiations, the ISA still faces stark divisions among its members on how, or even whether, to proceed.

“The exploitation activities cannot begin as long as we do not have a solid, equitable framework,” warned Chilean representative Salvador Vega Telias during a plenary session. His comments reflect the position of at least 37 countries calling for a moratorium on commercial deep-sea mining. He also emphasized the need to first gather “all the scientific knowledge that we need to have to identify the potential impacts and effects on the marine environment.”

ISA Secretary-General Leticia Carvalho acknowledged the urgency and complexity of the issue, stating, “The deep sea needs rules.” She continued: “I firmly believe that the success of deep sea governance will depend on our ability to draw from robust science, inclusive dialogue, and the wisdom to act with precaution.”

U.S. Acceleration Sparks Outcry

The backdrop to the ISA talks has been complicated by U.S. actions outside the international framework. In April, then-President Donald Trump ordered his administration to fast-track permitting for seabed mining in both U.S. and international waters. The move invokes an obscure 1980 law and circumvents the ISA’s consensus-driven process. The U.S. is not a party to the UN Convention on the Law of the Sea (UNCLOS) and does not participate in the ISA.

In response, Canada’s The Metals Company (TMC) quickly filed a request for a mining license through U.S. authorities, bypassing the ISA despite holding an active ISA exploration contract via its subsidiary, Nauru Ocean Resources Inc. (NORI), in the Clarion-Clipperton Zone (CCZ). That contract, set to expire next year, had been the company’s path toward becoming the first to receive a commercial license under ISA rules—until the recent pivot to Washington.

The move has drawn criticism from environmental groups and several ISA member states. A draft resolution still under negotiation urges the ISA’s Legal and Technical Commission to assess “possible issues of non-compliance of contractors that may arise out of the facilitation of or the participation in actions intended to appropriate resources… contrary to the multilateral legal framework.” The draft also calls on the Commission to report any violations and “recommend, where appropriate, measures to be taken by the Council.”

Growing Frustration Over ISA Process

Behind the scenes, tensions have also grown over the way the negotiations have been managed. Delegates have pushed back on decisions by the Council President to close certain sessions to observers, raising concerns about transparency.

“What the council is discussing currently is the common heritage of humankind,” said Emma Watson of the Deep Sea Conservation Coalition. She criticized the closed-door sessions, calling them a “big shift” from previous practices.

While proponents of seabed mining argue that securing access to strategic metals is critical for the energy transition, environmental advocates continue to warn that the deep ocean remains largely unexplored—and that rushing ahead with industrial extraction could do irreversible harm.

The ISA’s full assembly, representing all 169 member states, is scheduled to reconvene next week to continue discussions.

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