ISA delays stall global deep-sea mineral rush
Driven by the looming threat of global warming due to the negative effect of the rising levels of greenhouse gases in our environment, deep-seabed mining has emerged as a potential alternative source for the critical green minerals needed to move away from a reliance on greenhouse gases such as carbon for energy generation to a “green energy future”.
The scarcity of the critical green minerals, compounded by the geopolitical challenges often involved in terrestrial mining, fuels the appeal of the seabed as Earth’s last frontier for the mining of these mineral resources in pursuit of clean energy.
Regulation and jurisdictional parameters
Most of the critical minerals in question are located in “no-man’s land”, parts of the world where no country can exercise exclusive authority over them. This refers to a marine region that extends past the continental shelf, the last jurisdictional region over which a state can exercise its sovereign rights, as dictated by public international law.
The UN Convention on the Law of the Sea identifies the International Seabed Authority (ISA) as the trustee (legal guardian) of the critical minerals on the deep seabed. In terms of the UN convention, the ISA, with its headquarters in Jamaica, is tasked with regulating the issuing of deep-seabed mining licences to contractors who intend to mine an area of the sea that falls under “no-man’s land” territory.
This is applicable to contractors from all the states that are signatories to the UN Convention on the Law of the Sea. Some of the key signatory states include Russia, China, Japan and South Africa.
Critical minerals in the green energy transition
One of the key elements towards the green energy transition is critical green minerals, fittingly termed as such owing to their importance in green energy infrastructure. Examples include manganese (Mn), used in metal alloys; nickel (Ni), used in turbines; cobalt (Co), used in batteries; copper (Cu), used in electrical conductors; zinc (Zn), which aids in preventing rust; lead (Pb), used in batteries; iron (Fe), used in industrial machinery; silver (Ag), used in electrical conductors; gold (Au), also used in electrical conductors; platinum (Pt), used in hydrogen fuel cells; as well as rare earths used in computer processors and smartphones.
These critical green minerals can be found in different parts of the world but are available in abundance on the deep seabed. Three categories are found in the deep seabed, namely polymetallic nodules, which contain manganese, nickel, cobalt, and copper; polymetallic sulphides, which comprise copper, zinc, lead, iron, silver, and gold; and cobalt-rich ferromanganese crusts, which comprise manganese, iron, cobalt, nickel, platinum, and rare earths.
The hotspots on the deep-seabed
There are five UN licence areas that have been identified as deep-seabed mining mineral hotspots: the Indian Ocean area and the Northwest Pacific area, where all three categories of minerals are found; the Clarion Clipperton Zone (CCZ) area, which houses the greatest concentration of polymetallic nodules; the Mid-Atlantic Ridge, which is rich in polymetallic sulphides; and the South Atlantic Ocean, which abounds in cobalt-rich ferromanganese crusts. The surrounding areas within the South Atlantic Ocean contain polymetallic nodules, and polymetallic sulphides.
The deep-seabed minerals are extracted from water depths of up to 4,000m and transported to the deep-seabed mining vessel on the ocean surface for further processing. Various extraction methods are used for the different categories of mineral deposits found in the deep seabed. In particular, the potato-resembling nodules are collected by a “nodule collector”, a machine used to suck the nodules from the deep-seabed surface using a localised suction technique.
Effect of deep-seabed mining on African states
There is concern that deep-seabed mining could have adverse effects on the large-scale African mining jurisdictions currently supplying the world with some of the critical minerals. States that could be affected include South Africa, which supplies the world with manganese, iron and platinum; Zimbabwe, which supplies the world with lithium, iron and platinum; the Democratic Republic of Congo, which supplies the world with cobalt and copper; Gabon, which supplies the world with manganese; and Guinea, which supplies the world with aluminium.
The ISA has made an undertaking regarding a compensation and economic adjustment mechanism for developing countries that suffer adverse economic and export performance of their critical mineral trade due to deep-seabed mining. However, the devil seems to be lurking in the details, as the compensation mechanism has not yet been finalised.
Current state of affairs on the governance front
The fact that the ISA does not yet have the legal framework to execute its functions somewhat tones down the pace of movement for the industry. While the exploration regulations have been finalised by the regulatory body, the finalisation of the exploitation regulations, which would allow corporates to mine the critical minerals from the seabed for commercial use, is still outstanding.
As negotiations for the conclusion of the exploitation regulations for commercial mining continue, there has been a push for a sustained moratorium or precautionary pause and, in some cases, a ban on deep-seabed mining due to the issue of negative environmental impact and current governance uncertainties around the mining of the deep seabed. Marine scientists in particular lament the prevailing gaps regarding the full extent of the environmental impact of deep-seabed mining.
Restraint is required
The existing governance loose ends involving the ISA on issues such as the exploitation regulations, coupled with marine scientists’ concerns and calls for a moratorium, are all suggestive of a need for restraint until all the Ts have been meticulously crossed. The inference is that only once anchored on adequate scientific data, backed by a comprehensive, well-defined governance and regulatory framework, may it be safe to proceed full-scale with the exploitation of the wealth of the deep seabed for critical mineral resources.
By – https://www.businessday.co.za/opinion/2026-03-20-didintle-molefe-is-deep-sea-mining-worth-the-environmental-risk/#google_vignette