The International Seabed Authority (ISA), established pursuant to the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1994 Implementation Agreement, is mandated to regulate mineral-related activities in the seabed beyond national jurisdiction, ensuring that such activities benefit humanity as a whole. Central to this mandate is the development of the Mining Code, a comprehensive framework governing exploration and exploitation activities. While regulations on exploration were adopted between 2010 and 2013, the adoption of exploitation regulations remains pending, despite the triggering of a 2-year deadline by Nauru in 2021. Environmental protection constitutes a key element of the Mining Code, including provisions for marine protected areas and independent environmental reviews. However, ongoing negotiations reflect significant divergences among States and stakeholders regarding environmental safeguards, the protection of underwater cultural heritage, and equitable benefit-sharing. The increasing demand for critical minerals, driven by technological innovation and the energy transition, intensifies the need for balanced regulatory measures. The ISA faces the complex challenge of reconciling sustainable economic development with the preservation of fragile deep-sea ecosystems amid rising geopolitical tensions. In this context, technological advances, public awareness, and adherence to the precautionary principle will be critical for the responsible governance of seabed resources.

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The International Seabed Authority and the Protection of Our Ocean Heritage

  • Mariano J. Aznar

摘要

The International Seabed Authority (ISA), established pursuant to the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1994 Implementation Agreement, is mandated to regulate mineral-related activities in the seabed beyond national jurisdiction, ensuring that such activities benefit humanity as a whole. Central to this mandate is the development of the Mining Code, a comprehensive framework governing exploration and exploitation activities. While regulations on exploration were adopted between 2010 and 2013, the adoption of exploitation regulations remains pending, despite the triggering of a 2-year deadline by Nauru in 2021. Environmental protection constitutes a key element of the Mining Code, including provisions for marine protected areas and independent environmental reviews. However, ongoing negotiations reflect significant divergences among States and stakeholders regarding environmental safeguards, the protection of underwater cultural heritage, and equitable benefit-sharing. The increasing demand for critical minerals, driven by technological innovation and the energy transition, intensifies the need for balanced regulatory measures. The ISA faces the complex challenge of reconciling sustainable economic development with the preservation of fragile deep-sea ecosystems amid rising geopolitical tensions. In this context, technological advances, public awareness, and adherence to the precautionary principle will be critical for the responsible governance of seabed resources.