Pacific Forum’s Post

The European Parliament voted in favor of Resolution B9-0095/2024, sending a strong signal and expressing critical environmental concerns regarding Norway’s decision to open vast areas in Arctic waters for deep-sea mining activities. The resolution reaffirmed Parliament’s support for a moratorium and called on the EU Commission, Member States and the UN-sanctioned deep sea mining regulatory group, the International Seabed Authority, to apply the precautionary approach and promote a moratorium on deep sea mining. #DefendTheDeep

This weekend's 60 MINUTES investigated the U.S. position on deep-sea mining (https://lnkd.in/eh4tAJHM). While not explicitly an Arctic matter, the issue certainly has future Arctic implications as evidenced by Norway’s recent decision regarding deep-sea mining near the Svalbard archipelago. https://lnkd.in/gxJUmhMf   At the heart of the matter is the question of governance over seabed mining activities. This is one of the many activities codified in the U.N. Convention on the Law of the Sea (UNCLOS), which established the International Seabed Authority (ISA) for this purpose, and to which the U.S. is one of the few non-signatories.   This well known fact was back in the news recently, this time surrounding discussions within the ISA at a meeting in Kingston, Jamaica, where Russia and China called U.S. extended continental shelf (ECS) claims, publicized through the State Department late in 2023 and including ~1.2 million square km in the U.S. Arctic, “unacceptable” because Washington has not ratified the treaty even though abides in practice to its provisions.   This is a convenient diplomatic hole for Moscow and Beijing to poke in these tense geopolitical times and, as Rebecca Pincus discussed with the Financial Times, appears to be aimed at causing disruption within the broader context of strategic competition. https://lnkd.in/g4FdNa6u   Continental shelf claims are gaining importance as demand for minerals grows and seabed mining technologies and techniques develop. Whether the U.S. can legally claim rights over ECS, especially those that overlap with the claims of other countries (that have ratified UNCLOS), continues to be actively debated. Evan Bloom took this question on in a recent article where he notes that the U.S. would have a strong argument, if challenged, that the rules over making a claim to an ECS can be considered customary, in addition to treaty, law. (https://lnkd.in/e3XVKPxD)   Bloom argued, the U.S. does not need to ratify UNCLOS to abide by – and benefit from – the rules it codifies. The fact that the U.S. has demonstrated adherence to UNCLOS in practice for decades adds strength to this argument. Yet, the U.S. will inevitably be challenged on ECS claims given that it is currently a non-party to UNCLOS.   The recent step of announcing ECS claims for protecting U.S. interests is important and was done acknowledging customary international law, https://lnkd.in/ewt93Vv9. Still, lack of senate ratification of UNCLOS could make it more difficult for the U.S. to protect and use its rights in the longer term, and also gives strategic competitors Russia and China another matter upon which to agree that isn’t in the United States’ favor.

"Norway's deep-sea mining push puts it at odds with the EU, the U.K. and a growing number of countries that back an international moratorium on the practice. The EU is advocating for enough scientific evidence to be gathered showing deep-sea mining is not harmful to marine ecosystems before authorizing the activity" as per today's article in Politico. I have hoped that 2023 has at least delivered some sense and responsibility regarding respect for the #precautionaryprinciple and the #oceanconservation and #biodiversity. Afterall, we know less about the deep sea than about the cosmos. We can stop dependance on fossil fuels without risking irreversible destruction of our seas. https://lnkd.in/eJiUVkCu

Please take a look at, and share with your friends, colleagues, and network, our newest piece, co-written with my partners, Morgan Bazilian, and Rick Tallman, both of the Payne Institute for Public Policy at the Colorado School of Mines, entitled "Changing the relationship between mining and Native American Tribes", and published Cipher News, which is supported by Breakthrough Energy and Bill Gates. "To move forward with mining projects on or near Tribal lands, we need to right past wrongs and build projects that are designed with and for Tribes." #mining #criticalminerals #mineralsovereignty #tribalsovereignty https://nt-z.ro/49OzMIw

ISA NEGOTIATIONS LOOM: THE NEED FOR A GLOBAL DEEP-SEA MINING MORATORIUM ESCALATES From 18-29 March, countries will gather for the International Seabed Authority’s (ISA) first Council meeting of the 29th session. Amidst escalating global opposition to the industry, calls for precaution, and the absence of scientific understanding, the ISA is pressing forward with a new and flawed negotiating text in an attempt to accelerate negotiations. https://lnkd.in/eVHKBWST

ISA NEGOTIATIONS LOOM: THE NEED FOR A GLOBAL DEEP-SEA MINING MORATORIUM ESCALATES From 18-29 March, countries will gather for the International Seabed Authority’s (ISA) first Council meeting of the 29th session. Amidst escalating global opposition to the industry, calls for precaution, and the absence of scientific understanding, the ISA is pressing forward with a new and flawed negotiating text in an attempt to accelerate negotiations. https://lnkd.in/eVHKBWST

ISA NEGOTIATIONS LOOM: THE NEED FOR A GLOBAL DEEP-SEA MINING MORATORIUM ESCALATES From 18-29 March, countries will gather for the International Seabed Authority’s (ISA) first Council meeting of the 29th session. Amidst escalating global opposition to the industry, calls for precaution, and the absence of scientific understanding, the ISA is pressing forward with a new and flawed negotiating text in an attempt to accelerate negotiations. https://lnkd.in/eZN3B--B

EU Parliament I Arctic Deep Sea Mining Norway Not surprising for those following the position of the EU with regards to #DeepSeaMining ! For the curious ones willing to learn more about the context and challenges of Seabed Mining in the Arctic and the EU: see the following chapters in my recently published book "Routledge Handbook on Seabed Mining and the Law of the Sea" : - "Arctic and Seabed Mining", written by Hilde Woker and Kristine Elfrida Dalaker, PhD - a must read! - "The European Union and Seabed Mining", written by Pradeep Arjan Singh Frank Maes and myself (and on open access!) The link for the chapters is the following: https://lnkd.in/eJASny96. Do not hesitate to contact me and/or the authors directly if you are looking for a copy of the chapter for your single use. https://lnkd.in/esPQJ7uR

As African nations we must effectively collaborate to address the challenges and opportunities presented by deep-sea mining, ensuring that their marine environments are protected and their economic interests are safeguarded.

Marking a pivotal moment for the fate of the barely known ecosystems on the ocean floor, 168 nations will decide this week who will head the International Seabed Authority 👉 https://zurl.co/NGZb #sea #mining #ecosystem