Delegates attending the first meeting of the 30th session of the International Seabed Authority (ISA) Council made progress in the negotiations of a regulatory framework for the commercial exploitation of deep-sea mineral resources, having concluded the second reading of draft regulations 1-55, out of 107 contained in the consolidated text. Yet, many issues remain unresolved, including regulations that guarantee the effective protection and preservation of the marine environment.

Negotiations on rules, regulations, and procedures (RRPs) to govern the commercial exploitation of deep-sea mineral resources in the Area – the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction – began in 2019. In 2021, the Pacific Island state of Nauru triggered what is known as “the two-year rule.” According to the Earth Negotiations Bulletin (ENB) analysis of the meeting, “[t]his rule is based on an Article in the 1994 Agreement relating to the Implementation of Part XI of [the UN Convention on the Law of the Sea (UNCLOS)], which states if a state notifies the ISA of its intention to submit an exploitation plan of work, the Council must finalize the relevant regulations within two years.”

The ENB summary report of the meeting notes that to fulfill its mandate under UNCLOS to “organize, control, and regulate activities in the Area,” the Authority “will need to balance or resolve competing interests and approaches toward commercial deep-sea mining.” Thirty-two countries have expressed support for a moratorium or precautionary pause on deep-sea mining, citing the need to protect deep-sea ecosystems from pollution, overfishing, biodiversity and habitat loss, acidification, rising water temperatures, and climate change, among other challenges facing the ocean today. Others have expressed interest in initiating commercial exploitation of deep-sea mineral resources as soon as possible.

Negotiators faced additional challenges that came both from within the remit of UNCLOS and ISA as well as those originating outside, ENB reports. Just before the meeting’s last day, The Metals Company USA LLC (TMC USA) announced that it has formally initiated a process with the National Oceanic and Atmospheric Administration (NOAA) under the US Department of Commerce to apply for exploration licenses and commercial recovery permits under existing US legislation, with far-reaching implications for UNCLOS – and multilateralism in general – as the US is not a party to UNCLOS.

The ENB analysis further highlights that “[f]ollowing the expiration of the ‘two-year rule’ in 2023, Nauru has once again expressed its intention to work with its sponsored entity, Nauru Ocean Resources Inc. (NORI), to submit an application for an exploitation plan of work in June 2025.”

Since both TMC USA and NORI are subsidiaries of TMC, some have observed that these announcements may be part of “a tactic to put pressure on the ISA both from within, through NORI, and outside, through TMC USA.”

The ISA Council convened for the first part of its 30th session in Kingston, Jamaica, from 17-28 March 2025. [ENB Coverage of First Part of ISA’s 30th Annual Session]