Source: Greenpeace Statement –
Kingston, Jamaica – Governments still have a chance to protect the future of the deep ocean as the 30th Session of the International Seabed Authority (ISA) resumes today, with 37 now calling for a moratorium on deep sea mining – the only credible path to decisively resist predatory corporate seizure and prevent the irreversible harm the industry could unleash.
This is the first time governments have gathered to discuss deep sea mining since The Metals Company (TMC) submitted the first ever application to commercially mine the international seabed. The move was encouraged by an executive order signed by US President Donald Trump aimed to fast-track deep-sea mining operations in both US and international waters, and has bolstered opposition to deep sea mining, not only to protect the environment but also to defend international cooperation and international law.[1]
Greenpeace International campaigner Louisa Casson, who is attending the meeting, said: “We are witnessing the dangers that arise when nations take unilateral action without regard for collective consequences. We should learn from nature that ecosystems collapse without cooperation; our global systems are at risk when we fail to work together for the common good. The deep sea must not fall victim to predatory corporate seizure. It is time for governments at the ISA to commit to a moratorium—this is the only viable path to prevent the irreversible harm that deep-sea mining would unleash.”
Nearly 200 governments have signed the United Nations Convention on the Law of the Sea (UNCLOS), often referred to as the “constitution of the ocean”, which establishes a global legal framework that prevents states from taking unilateral action to exploit them.
In its latest financial filings, TMC acknowledged that many governments and the ISA are likely to view any deep sea mining permit issued under the Trump administration as a violation of international law.[2] This could result in lawsuits, being unable to sell minerals, and companies refusing to work with TMC throughout the supply chain.
Pressure is already mounting on Allseas, a company headquartered in Switzerland with significant presence in the Netherlands, who own the deep sea mining ship and machinery that TMC intends to rely on for commercial operations, and are also one of its largest shareholders. Last week, Greenpeace activists hung a banner from Allseas office in Delft, urging the company to break ties with Trump.[3]
Recently, Dutch media reported that Climate Minister Sophie Hermans is raising concerns directly with Allseas over their involvement with TMC, while the Swiss government outlined its expectations for companies registered or active in Switzerland to follow international law and norms.[4][5] Allseas’ CEO has stated that the company “would not do anything illegal”.
Moreover, TMC’s strategic collaboration with PAMCO is coming under new scrutiny, with the Japanese metal processing company admitting that it “consider(s) the establishment of the business via a route that has earned international credibility to be a material issue”.[6]
The ISA risks caving in to corporate pressure with the President of the Council, H.E. Duncan Laki, circulating instructions to ISA parties to speed up discussions in an attempt to finalize a Mining Code by this year, which would pave the way for commercial deep sea mining to begin in the international seabed.[7] These included strong limitations of intervention times or recourse to smaller meetings where observers were excluded. In response, Greenpeace has sent a letter to Secretary General Leticia Carvalho, warning that the ISA must not reward industry-led efforts to rush the adoption of the Mining Code.[8] Several governments have also voiced strong opposition, stating, “We categorically disassociate ourselves from any suggestion or interpretation that the Council is bound, legally or politically, to adopt the regulations by the end of the year.”[9] Other NGOs, Indigenous peoples and some States also addressed the issue.
Louisa Casson added: “Governments are not powerless in the face of deep sea miners doing a doomed deal with Trump. They have both the authority and, now more than ever, the responsibility to act. With growing scientific concern, mounting public pressure, and unprecedented risks to fragile marine ecosystems, the time for courageous leadership is now”.
ENDS
Photos available in the Greenpeace Media Library
Notes:
[1] Trump’s executive order
[2] TMC’s Financial Fillings: “the announcement or implementation of this strategy may cause additional regulatory and political tensions, delay ISA decision-making, or impair our ability to secure or maintain exploration contracts or an exploitation contract under the ISA framework and may result in our need to engage in costly and time-consuming litigation to enforce our rights. In addition, UNCLOS parties and the ISA are under a legal obligation, under UNCLOS, not to recognise any commercial recovery permit issued to us under DSHMRA; many UNCLOS parties and the ISA are likely to regard such a permit as a violation of international law, including UNCLOS, which could affect international perceptions of the project, and could have implications for logistics, processing, and market access in UNCLOS parties for seabed minerals extracted under a US license and for downstream products containing them, or for partnerships involving foreign entities, and could also result in actions, pursuant to UNCLOS, against TMC under the national laws of UNCLOS parties, any or all of which could have a material adverse affect on our business, financial condition, liquidity, results of operations and prospects.”
[3] Greenpeace Netherlands release
[4] Dutch Cabinet raises concerns over Allseas
[5] Swiss government puts pressure on Allseas
[6] Pacific Metals Company Financial Results Briefing
[7] Proposal by ISA President H.E. Duncan Laki
[8] Letter to Secretary General Leticia Carvalho
[9] Submission by Chile, Costa Rica and France
Contacts:
Sol Gosetti, Media Coordinator for the Stop Deep Sea Mining campaign, Greenpeace International: +34 664029407, [email protected]
Greenpeace International Press Desk: +31 (0) 20 718 2470 (available 24 hours), [email protected]