PACIFIC SMALL ISLAND DEVELOPING STATES REGIONAL TRAINING AND CAPACITY BUILDING WORKSHOP ON DEEP-SEABED MINING

1. 1
ISA ROLE IN REGULATING DEEP ACTIVITIES IN THE AREA | Michael W. Lodge

2. 2 ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

3. 3
54% Area
38% EEZs 8% OCS
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

4. 4
High Seas (qualified) freedoms
1. Navigation
2. Overflight
3. Laying of submarine cables
4. Fishing
5. Marine Scientific Research
The Area
1. Mineral exploration and exploitation
2. Marine Scientific Research
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

5. 5
• No claims to sovereignty or sovereign rights
• No appropriation
• All rights in resources vested in mankind as a whole, to
be exercised through the International Seabed
Authority
• No claim recognized except under Part XI UNCLOS
C L I E N T S T E S T I M O N I A L S
Mineral resources of the Area are the common
heritage of mankind to be utilized for the
benefit of mankind as a whole

6. 6
Functions of ISA
1. Administer mineral resources for benefit of
mankind as a whole
2. Protect marine environment
3. Promote MSR in the Area
4. Capacity-building [and technology transfer]
5. Article 82(4) distribution
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

7. 7
Regulation of DSM
1. Contract-based system (exploration and
exploitation)
2. Qualified entities
3. Sponsorship by a State Party
4. Payments to ISA
5. Equitable sharing
Annex III, UNCLOS
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

8. 8
Environmental Protection
1. Direct regulation
2. Baseline data collection
3. Environmental Impact Assessment
4. Standards and guidelines
5. Liability regime
6. Regional Planning (REMPs)
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

9. 9
C C Z R E G I O N A L E N V I R O N M E N T A L P L A N
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

10. 10
Article 82(4)
Distribution of revenue from extended
continental shelf
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

11. 11
Article 82(4)
Distribution of revenue from extended
continental shelf
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

12. 12
Article 82(4)
Distribution of revenue from extended
continental shelf
1. Non-living resources
2. Payments or contributions in kind
3. 1% to 7% with 5-year grace period
4. Equitable sharing criteria
5. Special emphasis on least developed (LDCs)
and Land-Locked Developing States
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

13. 13
Private sector
Pioneer investor regime
1983-2000
1982 1994 2010 2018
2000 2016
2000: PMN
Regulations adopted
LOSC
ISA
Entry into force
2010-2012: PMS and
CRC Regulations
adopted
(2018)
29 Exploration
Contracts
Five-year contract
extensions granted
States and State Enterprises
States Parties to LOSC
168
(2011)
ITLOS Advisory Opinion.
First private sector contracts
(2001)
Contracts issued to
pioneer investors
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019
ISA Timeline

14. 14 ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019
1997
Pioneer investors

15. 15 ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019
2002
Final relinquishments

16. 16 ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019
2002
German contract

17. 17
2014
Nauru, Tonga,
UK, Belgium
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

18. 18
2018
Singapore, Kiribati
Cook Islands
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

19. 19
ISA at 25
Status and prospects
1. 168 member States
2. 29 exploration contracts, 18 sponsoring
States, 21 contractors
3. 3 mineral resources (Atlantic, Pacific, Indian
Oceans)
4. 1.3 M sq km seafloor under exploration
5. 124 research cruises; 5,955 days at sea (CCZ)
6. 1.6 M sq km seafloor protected
7. Mining Code to be adopted by 2020
8. REMPs under development
ISA ROLE IN REGULATING DSM| Tonga Workshop, February 2019

20. 20
T H A N K Y O U !