One brief bureaucratic note, from a degraded microstate in South Pacific to an obscure institution in the Caribbean, is about to make a significant impact on the world. Although few people know the potential effects, they are likely to have far-reaching consequences. It is not clear whether this change will have a negative impact on the global environment or benefit international governance.
The island nation of Nauru, which was formerly known as DeepGreen, informed the International Seabed Authority, (ISA), based in Kingston Jamaica, of its intention to begin mining the seabed within two years via a subsidiary Canadian company, The Metals Company (TMC) in June. This note, as innocuous and innocent as it sounds was the start of a resource race at the planet's last great frontier: the abyssal flats between the continents below the oceans.
The sound of the shot has been heard by government offices, conservation groups, scientific academies and other institutions for three months. Now, it is starting to reach a wider audience, with people asking questions about how a sponsorship agreement between a small island and a multinational mining company can decide the fate of the most important global commons.
There are many risks. It is nearly impossible to keep an eye on everything. Regulators acknowledge that humanity has more knowledge about deep space than deep oceans. This technology is not proven. Scientists don't know what life is in these deep ecosystems. The state governments have not yet agreed on a set of rules for how deep the oceans can be accessed. A vote on the excavating of the seabed has never been included in a national ballot. Chris Packham and David Attenborough, conservationists, argue that it is dangerous to continue with such uncertainty and potential devastation.
Louisa Casson is an oceans activist at Greenpeace International. She believes the two-year deadline to be dangerous. She says that no new licenses should be granted due to the risks of habitat destruction, fisheries disturbance, and water pollution for dumbo octopuses, pangolins, and other species. She said that this is a test for governments who claim they want to protect the oceans. These companies cannot be allowed to race to the bottom with recklessness, where undiscovered ecosystems will be ploughed up in order to make a profit. The risks and liabilities will then be transferred to small islands nations. To protect the oceans, we need a urgent moratorium on deep-sea mines.
The mining companies insist that exploration must be started immediately. The mining companies insist on the urgent need to explore for copper, cobalt and nickel, which they claim are vital to a green transition. They say that if the world is to decarbonise, and achieve net-zero emission by 2050 they must begin extracting resources for wind turbines and car batteries quickly. They have already obtained exploration permits to explore an international seabed that is as big as France and Germany, and it is expected to grow rapidly. They just need a set international operating rules. The ISA was established in 1994 to manage sustainable seabed exploration. However, progress is slow than the mining companies and investors would like.
This is why Naurus's action is so important. The two-year rule was activated by Nauru, which gives regulators 24 months to complete the rulebook. It states that TMCs subsidiary Nauru Ocean Resources Inc. (NORI) intends to apply to the government for permission to start mining in the Clarion–Clipperton area, an area of the North Pacific between Hawaii & Mexico.
Deep ocean is one of the most mysterious environments on Earth. It still inspires wonder and amazement. According to one estimate, 90% percent of species collected by scientists are unknown to science. This includes the pale ghost octopus, which lays its eggs on sponge stalks anchored with manganese nodules, or the single-celled, small-sized Xenophyophores. Fish and other creatures need to make their own light in the darkness, hadal, and abyssal areas. The biolumescent loosejaws and humpback darkdevils are a type of anglerfish that have in-built lanterns. They use these lanterns to find and attract their prey. Many first-time visitors to the deep sea are surprised by the underwater displays of living fireworks. According to marine biologists, there could be more bioluminescent organisms in deep sea than species found on land.
One of the millions of deep-sea species that are at high risk due to mining is the dumbo octopus. NOAA Photograph
It is believed that there is a greater amount of rare earth elements like ytrium, copper, nickel, cobalt, and cobalt, along with substantial veins of silver, gold, and platinum. They are often found in rocks concretions called polymetallic nodules, which can be as large as a fist and as small as a fleck on the skin. It is difficult to extract them and lift them up to the surface. The first attempt to harvest nodules was made in the mid-1970s. However, the chief executive of the operation described it as trying to pick up small stones from the sidewalk with a long straw at night. Although technology has advanced, scientists and conservationists still doubt it and aren't sure if the environmental risks are fully understood. They want more time. They have received less from TMC and Nauru. The countdown clock has now reached 21 months and counting.
The history of the deep does not encourage them to resolve the problem in their favor. The building blocks of civilisation have been provided by mining. Humankind would not have the iron age, bronze age or the great cultures of ancient China and Nubia, Egypt or Rome without ore. Modern times have seen more earthen mining than any time in human history, especially the post-second world War acceleration over the past 70 years.
Natural beauty, resilience, and stability are sacrificed in order to make a building or a manufactured environment. This was a fair trade-off for most of human history. The gains were small or unknown because of the costs involved in clearing forests and restoring landscapes. These costs rarely appear on national or corporate balance sheets. While extracting oil, gas and coal, iron and gold, as well as other minerals, miners left behind other species, remote communities, and future generations to pay the cost.
As we don't know what the environment is, any claim that it isn't environmentally harmful is empty. A grabber breaks off a section from a hydrothermal vent. Photograph: Nautilus minerals
This is a throwback to the era of the robber baron
Mining has been a trade that relied on the import of resources and took risks. As scientific knowledge has improved, this trade-off has been questioned. There have been calls for tighter regulation due to environmental concerns. However, oversight is often dictated by those who are more interested in short-term gains than those who have to clean up the mess. The mines are also moving farther from power centers, which reduces the likelihood of Nimby protests and media coverage. The majority of mega-mines today are located in remote areas: the Carajs iron ore complex and Paragominas copper mine, both in northern Brazil's state of Par; the Oyu Tolgoi and Chuquicamata copper mines in Chiles Atacama deserts; Mirny mines in Siberian Russia; and many other offshore oil and gas wells throughout the Gulf of Mexico, North Sea, and Caribbean.
Mining in deep seas is technically difficult and costly. Independent oversight is more difficult. Beyond all national jurisdictions, it is too expensive to reach environmental organizations, too remote for journalists and invited journalists to visit and completely free from people, so there is no risk of protesters causing disruptions. Although fish, crustaceans, and microbes may suffer, they can't complain.
TMC and the other mining companies have made similar promises to their customers as with almost all other mining projects in history. They promise to uphold the highest environmental standards and follow regulations. It is in their best interest to press the same regulatory bodies to ensure that projects are approved quickly and meet environmental standards that don't affect their bottom line.
Payal Sampat is the director of the Earthworks' mining programme. He said that the rushed approach to deep sea mining reminded him of wild-west prospectors in the 19th century. This is a throwback back to the early robberbaron era. In small, backroom discussions, our global heritage is being determined. This huge, life-altering decision is not being made by most people. It is not transparent. She stated that the mining industry has never been properly regulated. Mega-pits today can be seen from space. However, they are governed under laws that were created 150 years ago during the age of picks & shovels. Deep-sea extractivism is continuing with deep-sea mines. It's all about looking to the next frontier, rather than using the existing resources better.
Nauru used to be a tropical paradise. Our island is now a deserted paradise, due to human greed and shortsightedness. Photograph by Reuters
The wasteland
Nauru should be a reminder of the spiral of destruction that can follow when an ecosystem is stripped dry. The islands' topsoil, once described as a paradise in the Pacific, was stripped of phosphate by the British, Germans, New Zealanders, and Australians. They wanted the deposits for fertilisation of gardens and farmland in their countries and promised to fully compensate anyone who was affected by the environment. In 1968, the country's 12,000 inhabitants were the second-richest on Earth. The gross domestic product per capita rose to $50,000 as phosphate prices rose to $10/ton to $65 in 1970s. This was second only to Saudi Arabia.
Within two decades, however, the resource had almost run out, leaving behind an inland landscape of gnarled, spiky rocks and an economy in ruin. The 400-hectare (1,000-acre) of restitution funds were supposed for rehabilitation, but the funds have been spent on nothing in 25 years. Only six hectares have been recovered.
The destruction of topsoil has led to unanticipated problems for the climate, vegetation, and society. The loss of vegetation has made it difficult for rain clouds to form over the island, and caused more droughts. Many endemic species of plants are now threatened and food production has been negatively affected. The local population has shifted from eating healthy local produce like coconuts to eating fatty, salty tinned foods, leading to high levels of obesity, heart disease, and diabetes. One former finance minister said that Nauru used to be a tropical paradise. It was a lush rainforest full of fruits, flowers, vines, and orchids. Our island is largely a wasteland due to human greed and shortsightedness.
Refusing repeated relocation attempts, the 12,000 residents have sought new ways to earn a living. The desperate government turned to offshore banks after the economy crashed. The US Treasury banned the island from being used for money laundering and corruption because of its customers, which included the Russian mafia as well as al-Qaida. The microstate then rented itself to Australia as an asylum seeker detention center. This business now accounts for more than half the state's revenue. Nauru joined forces with TMC to explore the seabed surrounding it. TMC is now paying tens and millions of dollars per year in royalties for its NORI subsidiary.
Nauru is a sponsor country for TMC at the ISA. The reality is that the island functions more as a client state than a corporation's sponsor. A company executive can act as the corporation's spokesperson. Gerard Barron was chairman of DeepGreen Metals in 2019 and was listed on the Nauru delegation. He spoke from the island seat at the plenary meeting.
Gerard Barron claims that The Metals Company will cease production once the world has sufficient minerals to make 2 billion batteries. However, critics are skeptical about this claim. Photograph by Carolyn Cole/Los Angeles Times/Shutterstock
It was no surprise that there were eyebrows raised when the tiny nation of 0.00016% of the global population decided to open the seabed. TMC was the one who ordered it, and this is what most observers believe.
Matthew Gianni, cofounder of Deep Sea Conservation Coalition said that it was all about money money to DeepGreen [TMC] shareholders and money for Nauru. He expressed concern that investors might walk away from DeepGreen if they don't get a licence soon and both DeepGreen (and Nauru) will lose any revenue. The ISAs decision making process is flawed and must be corrected.
The Metals Company declined to comment and referred questions three experts who, it claimed, are experts in plume dynamics and deep-sea ecosystems.
TMC is one of a group of mining companies who believe seabed minerals are crucial if the world wants to transition from fossil fuels into renewable energy. Barron, the chief executive officer and chairman of TMC, likes to say that one 75kW electric vehicle battery needs 56kg of nickel, 7kg each of cobalt and manganese, and 85kg of copper for its wiring. It would take far more metal to convert the 1bn plus combustion-engine cars into electric than what is available on land. Barron believes that while tapping the seabed would not solve the supply gap, it could help accelerate the transition, reduce emissions, and generate revenue for the poorer countries. TMC's commitment to the environment is evident in his statement that the company will stop production once the world has sufficient minerals to make 2bn batteries. This would allow for full recycling.
It's hard to stop once you get started. To recoup investments in mining, it takes 30 years. It is not something you can put in the box Lisa Levin Scripps Institution of Oceanography
Many battery-makers and industrial customers are now supporting conservationists over miners. BMW, Volvo and Samsung joined the World Wildlife Fund's (WWF), April call for a moratorium in seabed mining. TMC creates a false sense that deep-sea mineral demand is urgent, according to campaigners and scientists. They claim that existing mineral resources are sufficient to meet the current demand for the next 10 years. However, much of the demand can be met through fast-improving recycling technology. Some are skeptical about the 2bn-dollar battery cap. Lisa Levin, Scripps Institution of Oceanography professor of biological oceanography, stated that once you establish a new industry, it will not be just DeepGreen [TMC], but it will impact multiple countries. It will be difficult to stop. To recoup investments, mining must continue for at least 20-30 years. You cannot put it back in the box.
The International Seabed Authority (ISA), Kingston, Jamaica. Photograph: David McFadden/AP
Who is the ISA?
Many experts agree that deep-sea drilling will eventually happen. It is important to carefully assess the risks and to make sure that the technology and oversight systems are as robust as possible in order to minimize the impact on the ocean ecosystems. If the regulator was more transparent, democratic, less focused upon commercial gain, and more sensitive to environmental loss, the world would have greater confidence in this case. ISA's current focus is on moving ahead.
It held its inaugural meeting in Kingston, Jamaica on 16-18 novembre 1994. This and subsequent meetings were held at the Jamaica Conference Centre. It is considered the Caribbean's most sophisticated meeting venue. In the heat, concrete lines angularly stand out against the backdrop of fountains and palm trees. Bright hand-woven panels decorate the conference centre, which is air-conditioned. It is a multi-national world, where dollars are the currency. ISA delegates arrive in limousines with small flags on their bonnets and travel between meeting rooms and the marble lobby. They also enjoy cocktails at bars that overlook the Caribbean. Delegates and contractors are invited to dinners at the Jamaican secretary general Michael Lodge's mansion, which is high above the harbour.
Lodge, a British lawyer wants the member states to agree to a rulebook to set standards for mining practices, and allow commercial operations to start. Although discussions on the topic have been ongoing since 2017, they have been mired in disputes over how nations will share future mining proceeds. This is a technocratic issue, according to the ISA. As Nauru's intervention has demonstrated, this is about fundamental questions of global governance, and politics. Is the world willing to be forced into the last frontier of the global commons, by a desperate microstate or a multinational mining corporation? Are they willing to risk the possibility that the ocean floor will become like Nauru? A victim of over-exploitation and false promises for restoration?
Documents from archives show that corporations have attempted to influence the ISA's creation. Multinational corporations such as Sumitomo and Lockheed Martin lobbied governments to make sure that the UN Convention on the Law of the Sea did not favor mining production in the 1980s.
In 1994, the UN General Assembly approved funding for the ISA. It noted that the ocean floor, and subsoil were part of the common heritage of humanity, and should be treated in accordance with market principles. Other ecosystems and species were left out. Wealthy nations also advocated for a two year rule that could be initiated at any time by any country to avoid regulatory delays. Once the process is underway, it falls to regulators to adopt exploitation regulations in 24 months.
The ISAs decision-making process involves every country in the globe. In practice, the power rests with a few experts who favor mining. New contracts are not subject to the scrutiny of a specialist group for science or environmental assessment. The ISAs Legal and Technical Commission, which has only 30 members, makes new contracts. A super-majority (2/3) of the entire council, which includes 36 states, can overturn their decisions.
The commission has a 100% track record in approving exploration applications. ISA charges a $500,000 (3565,000) processing fee. The LTC membership is heavily influenced by extraction and not environmental oversight. A fifth of its members work directly for contractors involved in deep-sea mining projects. Nobuyuki Okamoto, the founder of Japan Oil, Gas and Metals National Corporation, has begun its own seafloor exploration. Carsten Rhlemann works for Germany's Federal Institute for Geosciences and Natural Resources, and holds exploration contracts in both the Pacific and Indian Oceans. Others have backgrounds in oil and gas exploration or mining. Harald Brekke is the chair of this commission and a senior geologist at Norway's Petroleum Directorate. Khalid Mehmood Awan is Pakistan's representative and has previously worked for offshore oil companies. Mark Alcock is an Australian geologist who was previously involved in petroleum and mineral exploration surveying. Only three of the members are focused on marine ecosystems. Gordon Lindsay Paterson, a London-based zoologist, is one example.
A spokesperson for the ISA stated that the LTC members are elected by the council out of the candidates nominated to UNCLOS [United Nations Convention on the Law of the Sea]. Candidates must be of the highest standard of competence and integrity, with qualifications in relevant areas. The council will make every effort to ensure that all members of the LTC are qualified. When electing members to the LTC, the council shall take into account the need for an equitable geographic distribution and the representation special interests.
The LTC has already granted 31 exploration contracts. It also noted that the LTC is currently evaluating applications for plans of work for exploration.
Deep-sea mining off Papua New Guinea's coast. Photograph: Nautilus Minerals
Some LTC members privately recognize the need to change so that the risks associated with this new frontier of exploration can properly be assessed. A delegate, who requested anonymity, stated that we probably know more about outer-space than we do about the [deep-sea] frontier. I've heard suggestions for greater environmental oversight and cannot speak for anyone else.
Complicity extends beyond small islands states. Seabed resources are meant to benefit all humanity and promote sustainable development. However, only three companies from wealthy countries have participated in eight of the 10 contracts to search for minerals in the Pacific Clarion-Clipperton area since 2010. These include the Canadian-registered TMC, the Belgian Dredging Environmental and Marine Engineering company (DEME), and UK Seabed Resources which is a subsidiary to Lockheed Martin.
These companies have a role that is not clear. The ISA does not include any parent companies in its list. It is common to operate through subsidiaries, or by purchasing shares in partnerships in small islands states. This often happens in conjunction with national government governments. This raises concerns about accountability in case of an accident, as the subsidiaries can be small and could result in huge liabilities for poor countries.
The British government has delayed its response to Nauru's two-year trigger. This is appropriate for a former colonial country that continues to struggle to meet its environmental leadership claims with actions that are against its dependence on overseas resources. The House of Commons environment audit committee, which included Zac Goldsmith (Tory MP), concluded that deep-sea drilling would have devastating effects on the seafloor. They also found that the ISA derived from the sale of mining licenses was a conflict of interest, and that there had been no case for deep-sea mines.
As we don't know what the environment looks like, any claim that it isn't environmentally harmful is empty. Will McCallum, Greenpeace
The UK government and deep-sea miners have had a strained relationship. To head the government affairs department at Lockheed Martin, UK Seabed Resources' owner, a Cabinet Office official has moved to Lockheed Martin. David Cameron, the former prime minister, used Lockheed Martins estimates about the potential value for deep-sea miners rather than independent analysis. Greenpeace finally received a Freedom of Information request from the British government regarding deep-sea miner's licences. It found that the information was inaccurate and based on outdated legislation. Also, the length of the license was longer than allowed by UK law.
Nadhim Zahawi, then the business minister, refused to support a moratorium on Nauru and the two year trigger. He said that the UK would wait for strong environmental regulations and sufficient scientific evidence. Zahawi is more experienced in mineral exploration than any other MP. He was a consultant to the Canadian oil company Talisman, and he held shares in Gulf Keystone and Genel Energy before he joined government. Although there is no evidence of wrongdoing, he could be predisposed to the extractive industries as he has made a living for so long.
Activists believe it's not too late to end the clock. Opposition is growing in strength. This month, the International Union for the Conservation of Nature's world congress voted unanimously to ban deep-sea fishing. Both government delegates and civil society supported the motion. The vote is not binding, but it highlights the widespread unease about the TMC and Nauru's shotgun tactics. Plans exist to appeal to the International Tribunal for the Law of the Sea against deep-sea mines.
The Lau Basin, close to Fiji, is home to hydrothermal vents. Photograph by Charles Fisher/Pennsylvania State University/Woods Hole Oceanographic Institute
Our common heritage
While few countries are opposed to mining, many prefer to wait. They have different motives. There are countries like Germany, Costa Rica and Fiji that are concerned about the environment. There are also nations like Chile and many African countries with strong terrestrial mining interests who do not want to see any more competition, which could lower the prices of their minerals. Naurus' move has been strongly criticized by the African Group of Nations, who claim it will hinder rather than facilitate the establishment of a system that fully embodies the common heritage of humanity principle.
TMC is being criticized by academics and civil society groups. They believe that TMC's premature decision to set a deadline for reforms will encourage them. Pradeep Singh, an ISA expert and ocean expert from the Institute for Advanced Sustainability Studies (Potsdam, Germany), said: It doesn't say much about the ISA decision making process, to be fair, except that it is regrettable the provision was invoked. The timing of the invocation of the provision may not be directly related to moving the process at the ISA, but rather to increasing market confidence and value or attracting investors to invest with the contractor.
This case raises deeper questions about humanity's treatment of the Earth. It reveals the danger gap between taking care of our immediate environment and turning a blind ear to the more distant corners. Bruno Latour, a French philosopher, traces this back in colonial thinking that continues today in neoliberal capitalism. In his new book After Lockdown: a Metamorphosis, he explains that every state is bound by its borders to lie about what allowed it to exist. This is a fundamental hypocrisy, which creates a disconnect between the world I live and work in, as a citizen of a developed nation, and the world I consume from, as a consumer of that same country. As if every state were paired with a shadow-state that never stopped haunting them, a doppelganger who provides for it on one hand, and devours it on the other.
Will McCallum is the head of oceans for Greenpeace UK. He fears that the deep sea will be affected like all newly opened territories. He said that any claim that the environment is not harmful is absurd, since we don't know what it is.
We have never fucked up more than we have when we entered a frontier.
