International Seabed Authority
Encyclopedia
The International Seabed Authority (ISA) is an intergovernmental body based in Kingston, Jamaica
Kingston, Jamaica
Kingston is the capital and largest city of Jamaica, located on the southeastern coast of the island. It faces a natural harbour protected by the Palisadoes, a long sand spit which connects the town of Port Royal and the Norman Manley International Airport to the rest of the island...

, that was established to organize and control all mineral-related activities in the international seabed area beyond the limits of national jurisdiction, an area underlying most of the world’s ocean
Ocean
An ocean is a major body of saline water, and a principal component of the hydrosphere. Approximately 71% of the Earth's surface is covered by ocean, a continuous body of water that is customarily divided into several principal oceans and smaller seas.More than half of this area is over 3,000...

s. It is an independent treaty organization originally established by the Law of the Sea Convention, a widely accepted multilateral treaty.

Origin

Following at least ten preparatory meetings over the years, the Authority held its first inaugural meeting in its host country, Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...

, on 16 November 1994, the day the Convention came into force. The articles governing the Authority have been made "noting the political and economic changes, including market-oriented approaches, affecting the implementation" of the Convention. The Authority obtained its observer status to the United Nations
United Nations General Assembly observers
In addition to the current 193 member states, the United Nations welcomes many international organizations, entities, and non-member states as observers. Observer status is granted by a United Nations General Assembly resolution...

 in October 1996.

Currently, the Authority has 159 members and the European Community, composed of all parties to the Law of the Sea Convention.

Two principal organs establish the policies and govern the work of the Authority: the Assembly, in which all members are represented, and a 36-member Council elected by the Assembly. Council members are chosen according to a formula designed to ensure equitable representation of countries from various groups, including those engaged in seabed mineral exploration and the land-based producers of minerals found on the seabed. The Authority holds one annual session, usually of two weeks' duration. Its fifteenth session was held in Kingston 25 May - 5 June 2009 and its sixteenth session is scheduled for 26 April to 7 May 2010.

The Authority operates by contracting with private and public corporations and other entities authorizing them to explore, and eventually exploit, specified areas on the deep seabed for mineral resources essential for building most technological products. The Convention also established a body called the Enterprise which is to serve as the Authority’s own mining operator, but no concrete steps have been taken to bring this into being.

Current activities

The Authority has a budget of $5.8 million a year (rising to an authorized $6.3 million for each of the years 2009-2010) and a staff of some 35 people. In June 2008, the Assembly of the Authority elected by acclamation Nii Allotey Odunton
Nii Allotey Odunton
Nii Allotey Odunton, a mining engineer from Ghana, is Secretary-General of the International Seabed Authority, serving a four-year term from January 1, 2009....

 of Ghana, Deputy to the Secretary-General since 1996, for a four-year term as Secretary-General beginning 1 January 2009. He succeeded Satya Nandan
Satya Nandan
Satya N. Nandan, CF, CBE, a diplomat and lawyer from Fiji specializing in ocean affairs, is Chairman of the Western and Central Pacific Fisheries Commission, where he began a two-year term on 1 January 2009....

 of Fiji, the first Secretary-General of the Authority, who left after three consecutive four-year terms since 1996.

The exploitation system envisaged in the Law of the Sea Convention, overseen by the Authority, came to life with the signature in 2001/02 of 15-year contracts with seven organizations that had applied for specific seabed areas in which they were authorized to explore for polymetallic nodules. In 2006, a German entity was added to the list.

The eight current contractors are: Yuzhmorgeologya (Russian Federation); Interoceanmetal Joint Organization (IOM) (Bulgaria, Cuba, Slovakia, Czech Republic, Poland and Russian Federation); the Government of the Republic of Korea; China Ocean Minerals Research and Development Association (COMRA) (China); Deep Ocean Resources Development Company (DORD) (Japan); Institut français de recherche pour l’exploitation de la mer (IFREMER) (France); the Government of India, and the Federal Institute for Geosciences and Natural Resources of Germany.

All but one of the current areas of exploration are in the Clarion-Clipperton Zone, in the Equatorial North Pacific Ocean south and southeast of Hawaii. The remaining area, being explored by India, is in the Central Indian Basin of the Indian Ocean.

Each area is limited to 150000 square kilometres (57,915.3 sq mi), of which half is to be relinquished to the Authority after eight years. Each contractor is required to report once a year on its activities in its assigned area. So far, none of them has indicated any serious move to begin commercial exploitation.

In 2008, the Authority received two new applications for authorization to explore for polymetallic nodules, coming for the first time from private firms in developing island nations of the Pacific. Sponsored by their respective governments, they were submitted by Nauru Ocean Resources Inc. and Tonga Offshore Mining Limited. However, in the absence of consensus on the complex technical issues raised by these applications, the Authority's Legal and Technical Commission decided to defer action, probably until 2009.

The Authority's main legislative accomplishment to date has been the adoption, in the year 2000, of regulations governing exploration for polymetallic nodules. These resources, also called manganese nodule
Manganese nodule
Polymetallic nodules, also called manganese nodules, are rock concretions on the sea bottom formed of concentric layers of iron and manganese hydroxides around a core. The core may be microscopically small and is sometimes completely transformed into manganese minerals by crystallization...

s, contain varying amounts of manganese
Manganese
Manganese is a chemical element, designated by the symbol Mn. It has the atomic number 25. It is found as a free element in nature , and in many minerals...

, cobalt
Cobalt
Cobalt is a chemical element with symbol Co and atomic number 27. It is found naturally only in chemically combined form. The free element, produced by reductive smelting, is a hard, lustrous, silver-gray metal....

, copper
Copper
Copper is a chemical element with the symbol Cu and atomic number 29. It is a ductile metal with very high thermal and electrical conductivity. Pure copper is soft and malleable; an exposed surface has a reddish-orange tarnish...

 and nickel
Nickel
Nickel is a chemical element with the chemical symbol Ni and atomic number 28. It is a silvery-white lustrous metal with a slight golden tinge. Nickel belongs to the transition metals and is hard and ductile...

. They occur as potato-sized lumps scattered about on the surface of the ocean floor, mainly in the central Pacific Ocean
Pacific Ocean
The Pacific Ocean is the largest of the Earth's oceanic divisions. It extends from the Arctic in the north to the Southern Ocean in the south, bounded by Asia and Australia in the west, and the Americas in the east.At 165.2 million square kilometres in area, this largest division of the World...

 but with some deposits in the Indian Ocean
Indian Ocean
The Indian Ocean is the third largest of the world's oceanic divisions, covering approximately 20% of the water on the Earth's surface. It is bounded on the north by the Indian Subcontinent and Arabian Peninsula ; on the west by eastern Africa; on the east by Indochina, the Sunda Islands, and...

.

The Council of the Authority began work, in August 2002, on another set of regulations, covering polymetallic sulphides and cobalt-rich ferromanganese
Ferromanganese
Ferromanganese, a ferroalloy with high content of manganese, is made by heating a mixture of the oxides MnO2 and Fe2O3, with carbon, usually as coal and coke, in either a blast furnace or an electric arc furnace-type system, called a submerged arc furnace. The oxides undergo carbothermal reduction...

 crusts, which are rich sources of such minerals as copper, iron, zinc
Zinc
Zinc , or spelter , is a metallic chemical element; it has the symbol Zn and atomic number 30. It is the first element in group 12 of the periodic table. Zinc is, in some respects, chemically similar to magnesium, because its ion is of similar size and its only common oxidation state is +2...

, silver and gold, as well as cobalt
Cobalt
Cobalt is a chemical element with symbol Co and atomic number 27. It is found naturally only in chemically combined form. The free element, produced by reductive smelting, is a hard, lustrous, silver-gray metal....

. The sulphides are found around volcanic hot springs, especially in the western Pacific Ocean, while the crusts occur on oceanic ridges and elsewhere at several locations around the world. The Council decided in 2006 to prepare separate sets of regulations for sulphides and for crusts, with priority given to sulphides. It devoted most of its sessions in 2007 and 2008 to this task, but several issues remained unresolved. Chief among these were the definition and configuration of the area to be allocated to contractors for exploration, the fees to be paid to the Authority and the question of how to deal with any overlapping claims that might arise. Meanwhile, the Legal and Technical Commission reported progress on ferromanganese crusts.

In addition to its legislative work, the Authority organizes annual workshops on various aspects of seabed exploration, with emphasis on measures to protect the marine environment from any harmful consequences. It disseminates the results of these meetings through publications. Studies over several years covering the key mineral area of the Central Pacific resulted in a technical study on biodiversity, species ranges and gene flow in the abyssal Pacific nodule province, with emphasis on predicting and managing the impacts of deep seabed mining A workshop at Manoa, Hawaii, in October 2007 produced a rationale and recommendations for the establishment of "preservation reference areas" in the Clarion-Clipperton Zone, where nodule mining would be prohibited in order to leave the natural environment intact. The most recent workshop, held at Chennai, India, in February 2008, concerned polymetallic nodule mining technology, with special reference to its current status and challenges ahead

Contrary to early hopes that seabed mining would generate extensive revenues for both the exploiting countries and the Authority, no technology has yet been developed for gathering deep-sea minerals at costs that can compete with land-based mines. Until recently, the consensus has been that economic mining of the ocean depths might be decades away. Moreover, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, with some of the most advanced ocean technology in the world, has not yet ratified the Law of the Sea Convention and is thus not a member of the Authority.

In recent years, however, interest in deep-sea mining, especially with regard to ferromanganese crusts and polymetallic sulphides, has picked up among several firms now operating in waters within the national zones of Papua New Guinea, Fiji and Tonga. Papua New Guinea was the first country in the world to grant commercial exploration licenses for seafloor massive sulphide deposits when it granted the initial license to Nautilus Minerals in 1997. Japan’s new ocean policy emphasizes the need to develop methane hydrate and hydrothermal deposits within Japan’s exclusive economic zone and calls for the commercialization of these resources within the next 10 years. Reporting on these developments in his annual report to the Authority in April 2008, Secretary-General Nandan referred also to the upward trend in demand and prices for cobalt, copper, nickel and manganese, the main metals that would be derived from seabed mining, and he noted that technologies being developed for offshore extraction could be adapted for deep sea mining.

In its preamble, UNCLOS defines the international seabed area—the part under ISA jurisdiction—as “the seabed and ocean floor and the subsoil thereof, beyond the limits of national jurisdiction”. There are no maps annexed to the Convention to delineate this area. Rather, UNCLOS outlines the areas of national jurisdiction, leaving the rest for the international portion. National jurisdiction over the seabed normally leaves off at 200 nautical miles (370.4 km) seaward from baselines running along the shore, unless a nation can demonstrate that its continental shelf
Continental shelf
The continental shelf is the extended perimeter of each continent and associated coastal plain. Much of the shelf was exposed during glacial periods, but is now submerged under relatively shallow seas and gulfs, and was similarly submerged during other interglacial periods. The continental margin,...

 is naturally prolonged beyond that limit, in which case it may claim up to 350 nautical miles (648.2 km). ISA has no role in determining this boundary. Rather, this task is left to another body established by UNCLOS, the Commission on the Limits of the Continental Shelf, which examines scientific data submitted by coastal states that claim a broader reach. Maritime boundaries between states are generally decided by bilateral negotiation (sometimes with the aid of judicial bodies), not by ISA.

Recently, there has been much interest in the possibility of exploiting seabed resources in the Arctic Ocean, bordered by Canada, Denmark, Iceland, Norway, Russia and the United States (see Territorial claims in the Arctic
Territorial claims in the Arctic
Under international law, no country currently owns the North Pole or the region of the Arctic Ocean surrounding it. The five surrounding Arctic states, Russia, the United States, Canada, Norway and Denmark , are limited to an exclusive economic zone of adjacent to their coasts.Upon ratification...

). Mineral exploration and exploitation activities in any seabed area not belonging to these states would fall under ISA jurisdiction.

Endowment Fund

In 2006 the Authority established an Endowment Fund to Support Collaborative Marine Scientific Research on the International Seabed Area. The Fund will aid experienced scientists and technicians from developing countries to participate in deep-sea research organized by international and national institutions. A campaign was launched in February 2008 to identify participants, establish a network of cooperating bodies and seek outside funds to augment the initial $3 million endowment from the Authority.

The International Seabed Authority Endowment Fund promotes and encourages the conduct of collaborative marine scientific research in the international seabed area through two main activities:
  • By supporting the participation of qualified scientists and technical personnel from developing countries in marine scientific research programmes and activities.
  • By providing opportunities to these scientists to participate in relevant initiatives.


The Secretariat of the International Seabed Authority is facilitating these activities by creating and maintaining an ongoing list of opportunities for scientific collaboration, including research cruises, deep-sea sample analysis, and training and internship programmes. This entails building a network of co-operating groups interested in (or presently undertaking) these types of activities and programmes, such as universities, institutions, contractors with the Authority and other entities.

The Secretariat is also actively seeking applications from scientists and other technical personnel from developing nations to be considered for assistance under the Fund. Application guidelines have been prepared for potential recipients to participate in marine scientific research programmes or other scientific co-operation activity, to enroll in training programmes, and to qualify for technical assistance. An advisory panel will evaluate all incoming applications and make recommendations to the Secretary-General of the International Seabed Authority so successful applicants may be awarded with Fund assistance.

To maximize opportunities for and participation in the Fund, the Secretariat is also seeking donations and in-kind contributions to build on the initial investment of US$3 million. This entails raising awareness of the Fund, reporting on its successes and encouraging new activities and participants.

Controversy

The exact nature of the ISA's mission and authority has been questioned by opponents of the Law of the Sea Treaty who are generally skeptical of multilateral engagement by the United States. The United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 is the only major maritime power that has not ratified the Convention (see United States non-ratification of the UNCLOS
United States non-ratification of the UNCLOS
The United States was among the nations that participated in the third United Nations Conference on the Law of the Sea, which took place from 1973 through 1982 and resulted in the international treaty known as the United Nations Convention on the Law of the Sea . The United States also...

), with one of the main anti-ratification arguments being a charge that the ISA is flawed or unnecessary. In its original form, the Convention included certain provisions that some found objectionable, such as:
  • Imposition of permit requirements, fees and taxation on seabed mining; ban on mining absent ISA permission
  • Use of collected money for wealth redistribution in addition to ISA administration
  • Mandatory technology transfer


Because of these concerns, the United States pushed for modification of the Convention, obtaining a 1994 Agreement on Implementation that somewhat mitigates them and thus modifies the ISA's authority. Despite this change the United States has not ratified the Convention and so is not a member of ISA, although it sends sizable delegations to participate in meetings as an observer. On 31 October 2007 the Foreign Relations Committee of the United States Senate, by a vote of 17 to 4, recommended ratification, and President George W. Bush publicly supported U.S. accession to the Convention; no date has yet been set for action by the full Senate.

See also

  • United Nations Trusteeship Council
    United Nations Trusteeship Council
    The United Nations Trusteeship Council, one of the principal organs of the United Nations, was established to help ensure that trust territories were administered in the best interests of their inhabitants and of international peace and security...

  • Seabed Arms Control Treaty
    Seabed Arms Control Treaty
    The Seabed Arms Control Treaty is a multilateral agreement between the United States, Soviet Union, United Kingdom, and 84 other countries banning the emplacement of nuclear weapons or "weapons of mass destruction" on the ocean floor beyond a 12-mile coastal zone...

  • International waters
    International waters
    The terms international waters or trans-boundary waters apply where any of the following types of bodies of water transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems , and wetlands.Oceans,...


External links

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