Daily Report ｜

EN ( HTML | PDF )

Summary Highlights for the 2nd Part of ISA-25

The second part of the 25th annual session of the International Seabed Authority (ISA), which included meetings of the Authority’s Council and Assembly, focused on the Authority’s central consideration at this point in time: the development of the draft exploitation regulations on deep-seabed mining. These regulations, once concluded, will govern future activities in the world’s oceans, yet will need to ensure environmental protection while simultaneously balancing stakeholders’ interests. The sessions were successful in advancing, inter alia, calls for environmental protection in deep sea mining, operationalizing the Authority’s Strategic Plan, and shaping the organizational culture towards more participation and transparency. The increasing interest in the Authority’s work is testament to the increasing public awareness in deep sea mining.

Delegates expressed their intention to “ensure a thorough and timely development of the regulations, bearing in mind that necessary standards and guidelines should be developed before their adoption.” In addition, there were reminders through the Council meeting that “the regulations’ development does not take place in a vacuum.” They are influenced by the strategic direction of the Authority, which for the first time in its history has begun implementing a Strategic Plan. This Plan, in turn, decides the ISA’s positioning in the global oceanic realm and in environmental governance. The regulations are also affected by its underlying culture, including considerations related to public participation and transparency. Deliberations in the Assembly offered useful insights into those directions.

Participants commemorated the 25th anniversary of the ISA with a special session on Thursday, 25 July, attracting national delegations from more than 70 countries.

---

Highlights for Friday, 26 July 2019

On Friday, the Assembly of the International Seabed Authority (ISA) finalized considerations of its agenda for its 25th session, adopting a set of guidelines for observer status of non-governmental organizations (NGOs) with the Authority. Many delegates hailed the adoption, stressing that the adopted guidelines are “modern and fit-for-purpose.” Others stressed that the process is evolutionary in nature and has to remain flexible to take into account future considerations, including a request for a legal opinion on whether there is a conflict of interest in the event that an application for observer status is formulated by a person accredited in a sitting delegation. The Assembly further addressed cooperation with other organizations; decided on the dates of its next session; addressed other matters, including changes in the staff regulations; and heard brief closing statements.

Highlights of the day include the:

• adoption of the guidelines for observer status of NGOs with the ISA; and
• signing of a memorandum of understanding (MOU) between the Authority and the Ministry of Natural Resources of China on the establishment of a joint training and research center.

Many delegates expressed their satisfaction with the meeting’s results and emphasized the crucial role and achievements of the Authority. They also lauded the cordial atmosphere under which the negotiations took place. President Johnson Smith gaveled the meeting to a close at 12:05 pm.

Highlights for Thursday, 25 July 2019

On Thursday, the Assembly of the International Seabed Authority (ISA) held the special commemorative session for its 25th Anniversary. In the morning, delegates and participants attended the presentation of the Secretary-General’s award for excellence in deep sea research, and a high-level panel on capacity building. In the afternoon, plenary heard invited speakers, and regional and national statements, commemorating the Authority’s Anniversary.

Highlights of the day include the:

• launch of ISA’s deep seabed and ocean database (DeepData);
• deliberations in the high-level panel on capacity building, stressing its importance to achieve the Authority’s mandate and highlighting the contractor training programme, which assists in building the capacities of developing country scientists;
• commemorative plenary session, including an intervention by the Jamaican Prime Minister Andrew Holness; and
• evening reception, hosted by the Government of Jamaica.

Andrew Michael Holness, Prime Minister of Jamaica, highlighted ISA’s role in promoting scientific and technical knowledge. Baron Waqa, President of Nauru, noted that the Authority’s Strategic Plan prioritizes capacity-building measures for developing countries, particularly small island developing states. Jin-Hyun Paik, President of the International Tribunal for the Law of the Sea (ITLOS) emphasized the role of the Seabed Dispute Chamber. Miguel de Serpa Soares, Under-Secretary-General for Legal Affairs and Legal Counsel of the UN, celebrated the “constitution for the ocean” that contributes to peaceful cooperation and enables the ocean as “a source of prosperity for all people of the world.” Liu Zhenmin, Under-Secretary-General for Economic and Social Affairs, and Secretary-General for UN Oceans Conference 2020, highlighted international cooperation driven by the common heritage of humankind principle, which will carry into the next decades of “evolutionary development.”

In his opening address on capacity building, Jens Frølich Holte, Deputy Minister of Foreign Affairs, Norway, stressed that ocean minerals will be required to meet the growing needs of the world. Carlos den Hartog, Permanent Representative of Brazil to ISA, stressed that “we live in an era where the main driving force is knowledge.” Rena Lee, Ambassador for Oceans and Law of the Sea Issues and Special Envoy of the Minister for Foreign Affairs, Singapore, highlighted a “practical, hands-on approach, since sometimes the only way to learn is to actually do.” Satyendra Prasad, Permanent Representative of Fiji to the UN, highlighted the need for developing countries to have the capacities to translate science and technology into policies, programmes, and finally concrete outcomes. Sonali Samarasinghe, Minister, Permanent Mission of Sri Lanka to the UN, called for a multi-stakeholder dialogue; the development of a capacity-building inventory; and the establishment of capacity-building national focal points.

At lunchtime, the Authority launched its deep seabed and ocean database. Secretary-General Lodge underlined that the launch of the database is one of the most important milestones of the Authority’s history. Michelle Walker, Chair of the Legal and Technical Committee, noted that the fulfillment of the ISA’s mandate critically depends on the collection and management of data. Jihyun Lee, ISA Secretariat, highlighted that the main functions of DeepData include raising deep sea literacy, transforming the knowledge flow between the organs of the Authority and contractors, and supporting marine conservation. Maruthadu Sudhakar, India, shared contractor perspectives underlining confidentiality concerns, and reiterating contractors’ commitment to collect and submit data as the Authority moves into seabed exploitation. Sheldon Carter, ISA Secretariat, presented on the type of information submitted to the ISA over the years, and demonstrated how to access the public data in the database.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Wednesday, 24 July 2019

On Wednesday, the Assembly of the International Seabed Authority (ISA) continued its deliberations, focusing on the implementation of the Authority’s Strategic Plan 2019-2023, including a draft high-level action plan and key performance indicators (KPIs). Delegates also heard and discussed the report of the Chair of the Finance Committee.

Highlights of the day include the:

• diverging views on the draft high-level action plan and the KPIs prior to their adoption, with some delegations suggesting adoption and others preferring the establishment of an intersessional working group for further discussion;
• discussion on the timeline of the action plan in relation to the Strategic Plan, with some delegates stressing a “time gap” regarding activities scheduled for 2019; and
• report of the Chair of the Finance Committee, including the terms of reference for the voluntary trust funds for the Special Representative of the Enterprise and that for extrabudgetary support.

A side event, organized by Nauru during lunchtime, addressed the potential sources of metals necessary for the green transition, and focused on the supply and demand landscape for copper, manganese, cobalt, and nickel.

During the discussion on the implementation of the Strategic Plan 2019-2023, many delegates stressed that the draft high-level action plan and KPIs should be kept under review. Some participants noted a time lag in implementation, stressing that the Strategic Plan has already started, while the corresponding action plan has not yet been adopted. One delegate remarked: “We are examining the plan midway through the year; some of the proposed activities with a 2019 timeline should have already been evaluated.”

Opinions differed on the way forward. Some delegates expressed support for the adoption of the draft high-level action plan and its associated indicators. One delegation, in particular, cautioned against micromanaging the Secretariat. Others, however, preferred the establishment of an open-ended working group to work intersessionally and satisfy their concerns on various parts of the text.

As the day progressed and consensus was reached, including on a thorny paragraph related to transparency, delegates relaxed to prepare for what is expected to be a memorable commemorative session of the 25th anniversary of the Authority, on Thursday.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Tuesday, 23 July 2019

On Tuesday, the Assembly of the International Seabed Authority (ISA) continued its deliberations, addressing the annual report of the Secretary General, which outlines the Authority’s activities from July 2018 to June 2019.

Highlights of the day include the:

• the inaugural lecture on the role of the UN Convention on the Law of the Sea (UNCLOS) and the ISA in contributing to the rule of law;
• growing support and interest for workshops on regional environmental management plans (REMPs);
• calls for increased transparency, including via the development of the new ISA website and the launch of the Authority’s database management strategy; and
• emphasis on the operationalization of the common heritage of humankind regime, notwithstanding different interpretations of the principle.

In his report, Secretary-General Michael Lodge highlighted a series of activities and considerations, including those related to:

• the financial resources necessary for the Authority’s operations, including the financial status of the ISA’s trust funds;
• progress towards the completion of the data management strategy and the development of the new ISA website;
• workshops organized to facilitate the development and review of REMPs as well as advance the Authority’s priorities;
• the Authority’s voluntary commitments registered at the UN Ocean Conference; and
• collaboration with many international organizations and participation in global and regional conferences, including the biodiversity beyond national jurisdiction (BBNJ) process.

In the ensuing discussion, many delegates acknowledged the importance of the draft exploitation regulations balancing sound commercial principles with best environment practices and reiterated that their quality should be prioritized over self-imposed arbitrary deadlines. They further stressed the need to ensure that the relevant regulatory framework is robust enough for present and future generations, as well as to take into account the effects of deep-sea mining on terrestrial mines and fisheries.

Participants underscored that capacity building lies at the core of developing countries’ ability to fulfill their obligations under the UN Convention on the Law of the Sea (UNCLOS), and highlighted the importance of adequate funds for the Authority to be able to fulfill its mandate.

A side event, organized by China Ocean Mineral Resources R&D Association (COMRA), focused on benefit-sharing and cooperation with regard to the common heritage regime, and development in cooperation activities between China, the Republic of Korea, and the Authority.

An inaugural biennial lecture, organized by the Ministry of Foreign Affairs and Foreign Trade, Jamaica, honored the Authority’s 25th anniversary. Stephen Vasciannie, President, University of Technology, Jamaica, focused on the role of the Montego Bay Convention (UNCLOS) and the ISA in contributing to the rule of law.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Monday, 22 July 2019

On Monday, the Assembly of the International Seabed Authority (ISA) started its deliberations of the 25th annual session in Kingston, Jamaica. Throughout the day, the Assembly addressed organizational matters; elected its President, Vice Presidents, and a member for the Finance Committee filling a relevant vacancy; considered requests for observer status from four entities; discussed the development of guidelines for observer status requests; heard the report of the ISA25 Council President; and introduced the discussion on the implementation of the Strategic Plan 2019-2023. A side event, organized by the Authority and the UN Department of Economic and Social Affairs (UN DESA), discussed the progress report on the implementation of the Abyssal Initiative Project.

Highlights of the day include the:

• election of Kamina Johnson Smith, Minister of Foreign Affairs and Foreign Trade, Jamaica, as Assembly President for the 25th Session;
• an introduction to the implementation of the Strategic Plan 2019-2023, including a high-level action plan and performance indicators; and
• a lengthy discussion in plenary and in informal discussions on draft guidelines for granting observer status to NGOs to ISA, with many delegates finding the original version of the guidelines overly restrictive.

The discussion on the draft guidelines on observer status revealed interesting opinions among the delegates, including on the differences between the Authority and organizations like the International Maritime Organization (IMO). These delegates noted that the Authority has “a higher moral role” compared to an organization solely regulating an industrial sector, like the IMO, listing all its social and economic considerations. Concerns were also tabled regarding provisions in the draft guidelines addressing the periodic review of the list of NGOs, potential conflicts of interest, exclusion of the common heritage regime as well as provisions that require organizations to, inter alia:

• “reasonably demonstrate” their interest;
• prove that their purposes are directly related to those of the ISA;
• demonstrate their expertise and capacity to contribute to the Authority’s work as well as support ISA’s activities; and
• have objectives and function “in consonance” with those of the Authority.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Friday, 19 July 2019

On Friday, the Council of the International Seabed Authority (ISA) finalized its deliberations, addressing all pending agenda items, including: the report on matters relating to the Enterprise; issues relating to the election of members of the Legal and Technical Commission (LTC), and the LTC Chair report; and the pattern of meetings for the Council and LTC for 2020.

Highlights of the day included:

• a lengthy discussion on a draft decision submitted by the African Group and GRULAC aiming to address equitable geographical representation as well as necessary expertise in the election of LTC members;
• exchange of opinions on the pros and cons of using remote simultaneous interpretation services for the Assembly and the Council in 2020;
• agreement on a decision relating to the reports of the LTC Chair, including the intention to ensure the thorough and timely development of necessary standards and regulations; and
• the general cordial atmosphere among the Council members, despite disagreements, which allows cautious optimism regarding the next steps.

Two side events took place at lunchtime: one organized by the Japan Agency for Marine-Earth Science and Technology (JAMSTEC), which addressed an environmental impact assessment study performed by JAMSTEC in the Clarion-Clipperton Zone as well as the development of technology to evaluate plume dispersion; and the other hosted by Global Sea Mineral Resources offering an update of its project.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Thursday, 18 July 2019

On Thursday, the Council of the International Seabed Authority (ISA) continued its deliberations on the report of the Chair of the Legal and Technical Commission (LTC). It also addressed the report of the Special Representative for the Enterprise, focusing on ways to operationalize the Enterprise.

Highlights of the day included:

• an interesting discussion on the timeline for finalizing the draft exploitation regulations, with many Council members prioritizing quality over deadlines;
• exchange of ideas on a mechanism for an independent review of environmental plans;
• an in-depth discussion on ways to operationalize the Enterprise, including progress on joint venture proposals;
• consideration of preferences regarding the extension of the mandate of the Special Representative and the appointment of an interim director general; and
• informal discussions on the way forward for the draft exploitation regulations, with some members requesting further work by the LTC and others opining that the Commission has finalized its work.

At lunchtime, a side event was organized by the Pew Charitable Trusts and Deep Ocean Stewardship Initiative (DOSI) under the title “New Science in the Area.”

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Wednesday, 17 July 2019

On Wednesday morning, the Council of the International Seabed Authority (ISA) continued its deliberations on the draft regulations for exploitation of mineral resources in the Area, focusing on the protection and preservation of the marine environment as well as on rights and obligations of the contractors. In the afternoon, the Council heard the reports of the Chairs of the Legal and Technical Commission (LTC) and the Finance Committee. Highlights of the day included the:

• impressive array of ideas tabled on the part of the draft exploitation regulations referring to the protection and preservation of the marine environment;
• tug of war between speed and quality, reflecting the need for timely adoption of the Mining Code and the necessity to ensure that its provisions serve all stakeholders;
• discussion on cost-saving measures, including remote interpretation services; and
• appropriate follow-up for contractors that have not complied with recommendations.

At lunchtime, a side event was organized by India under the title “Near four decades of India’s role in deep-sea exploration and mining: efforts in the Indian Ocean.” During the afternoon, a side event organized by the Natural History Museum of the UK and the Deep-Sea Biology Society, in collaboration with the ISA Secretariat focused on empowering the next generation of deep-sea researches.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Tuesday, 16 July 2019

On Tuesday, the Council of the International Seabed Authority (ISA) continued its deliberations on the draft regulations for exploitation of mineral resources in the Area, focusing on: use of terms and scope; fundamental policies and principles; duty to cooperate and exchange of information; coastal States’ rights; and elements around applications for approval of Plans of Work in the form of contracts.

Highlights of the day included the:

• exchange of divergent opinions on whether the Legal and Technical Commission (LTC) should continue addressing the draft exploitation regulations or whether the Council should decide on next steps;
• differing opinions on the pace of negotiations, with some delegations expressing frustration with the slow pace that pushes the finish line further into the future;
• prolonged discussion on whether to include a provision for independent experts to assist and advise the LTC;
• role of the Secretary-General vis-à-vis the Council and the LTC in determining whether an applicant has preference and priority; and
• issue of ensuring environmental protection, taken up both as a general principle and as a component of the Plan of Work.

At lunchtime, a side event was organized by the Netherlands under the title “Nodules from Seafloor to Shore – The Blue Nodules Project.” During the afternoon, a side event organized by the Secretariat of the Convention on Biological Diversity (CBD) addressed ways to support the application of the ecosystem approach in the Area, focusing on ecologically or biologically significant marine areas (EBSAs) and integrated assessment of the Atlantic Marine Ecosystem.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).

Highlights for Monday, 15 July 2019

On Monday, the Council of the International Seabed Authority (ISA) opened for the second part of the 25th annual session in Kingston, Jamaica. Throughout the day, the Council addressed organizational matters; discussed national legislation with respect to activities in the Area; and heard the report on the implementation of the 2018 Council Decision relating to the summary report of the Legal and Technical Commission (LTC) Chair. The Council also started its consideration of components of the draft regulations for exploitation of mineral resources in the Area, focusing on the financial model and the outcomes of the relevant Working Group, held prior to the Council’s opening.

Highlights of the day include the:

• election of Erasmo Alonso Lara Cabrera (Mexico) to replace Alonso Francisco Martinez Ruiz (Mexico) on the LTC until 2021;
• approval of an application for a plan of work for exploration of polymetallic nodules by the Beijing Pioneer Hi-Tech Development Corporation, sponsored by China, in the western Pacific Ocean;
• announcement of several workshops planned to facilitate the development and review of regional environmental management plans; and
• discussion on the outcomes of the second meeting of the Working Group’s on the financial model, including options for the payment mechanism and two related submissions by the African Group.

Two side events took place during the day: one organized by the Authority on coherent, inter-disciplinary, and adaptive approaches for the development of regional environmental management plans (REMPs) in the Area; and the other organized by the Commonwealth Secretariat on perspectives on liability rules and procedures for harm arising from activities in the Area.

For more details on the day’s events and to hear what delegates said in the breezeways, see our daily Earth Negotiations Bulletin (ENB).