Pedro Madureira. Task Group for the Extension of the Continental Shelf. Legal and Technical Commission of the International Seabed Authority

Transcription

1 The exploration of mineral resources in the Area Pedro Madureira Task Group for the Extension of the Continental Shelf Legal and Technical Commission of the International Seabed Authority Centro de Geofísica de Évora

2 Summary: - The Area ; - The seabed and the marine mineral resources; - The need for exploration and exploitation; - Regulations, environment and sustainability.

3 The Area

4 The Area - International organization through which States Parties to the Convention organize and control activities in the Area, particularly with a view to administering the resources (solid, liquid or gaseous, Article 133(a)) of the Area, Article 157 (1); - 3 main organs: Assembly, Council and Secretariat; The Council (36 members) is the executive organ of the Authority. It is assisted by the Legal and Technical Commission and the Finance Committee.

5 Atlantic Seabed

6 The need for exploration

7 So far...

8 source: Nautilus tion? ploitat re Exp Futur source: Hekinian, R. source: IFREMER

9 ISA has so far elaborated three sets of regulations governing prospecting and exploration (for 15 yrs) Contractors: China Ocean Mineral Resources Research and Development Association (COMRA), People s Republic of China , 2011; Deep Ocean Resources Development Company (DORD), Japan 2001; The Government of the Republic of Korea 2001, new plan approved in 2012; Yuzhmorgeologiya and the Ministry of Natural Resources and Environment, Russian Federation 2001, 2012; Institut français de recherché pour l exploitation de la mer (IFREMER), France 2001, new plan approved in 2012; Interoceanmetal Joint Organization (IOM), a consortium formed by Bulgaria, Cuba, Czech Republic, Poland, Russian Federation and Slovakia ; The Government of India ; Federal Institute for Geosciences and Natural Resources, Germany 2006; Nauru Ocean Resources Inc., Nauru 2011; Tonga Offshore Mining Limited, Kingdom of Tonga 2012;

10 Polymetallic nodules Each exploration area up to Each exploration area up to 150,000 km 2

11 Polymetallic sulphides less than 300,000 km 2 and 1,000 km length Exploration blocks (max. 100) 10x10 km; area less than 100 km 2 3 Clusters of blocks (more than 5 clusters)

12 Area and its resources: Common Heritage of Mankind Legal framework related to the powers of the ISA on the protection of the marine environment (ISBA/17/LTC/7): - States parties to the Convention have a general obligation to protect and preserve the marine environment (Article 192). - This overarching obligation encompasses responsibilities to prevent, reduce and control pollution of the marine environment from any source, tomonitor the risks or effects of pollution and to assess the potential effects of activities under States parties jurisdiction and control that may cause substantial pollution of or significant and harmful changes to the marine environment (Article 194, 204, 206). - States parties must take measures to protect and preserve rare or fragile ecosystems, as well as the habitats of depleted, threatened or endangered species and other forms of marine life (Article 194(5)). - States parties are required to adopt complementary laws and regulations to prevent, reduce and control pollution of the marine environment from activities in thearea( ).Those laws and regulations must be no less effective than the rules, regulations and procedures of the International Seabed Authority (Article 209(2)).

13 Regulations on prospecting p and exploration activities - ( ) to ensure effective protection for the marine environment from harmful effects which h may arise from activities iti in the Area, the Authority and sponsoring States shall apply a precautionary approach, as reflected in principle 15 of the Rio Declaration, and best environmental practices. - Each Prospector or Contractor shall take necessary measures to prevent, reduce and control pollution and other hazards to the marine environment arising from its activities in the Area, as far as reasonably possible, applying a precautionary approach and best environmental practices. Principle 15 of the Rio declaration: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.

14 Regulations on prospecting p and exploration activities - Each applicant shall submit a description of the programme for oceanographic and environmental baseline studies ( ). - A preliminary assessment of the possible impact of the proposed exploration activities on the marine environment. - The Authority shall, in accordance with the Convention and the Agreement, establish and keep under periodic review environmental rules, regulations and procedures to ensure effective protection for the marine environment from harmful effects which may arise from activities in the Area. source: IFREMER

15 Environmental management plan for the Clarion-Clipperton Zone

16 In developing a recommendation for the implementation of the area of particular environmental interest proposal, the Legal and Technical Commission should consider: (a) The process to review, and amend where necessary, the location, size and characteristics of the areas of particular environmental interest at regular intervals, taking into account the views of recognized experts. This may be achieved throughh workshops kh or meetings at regular intervals ( ); (b) Encouraging and, where appropriate, supporting and initiating scientific research projects and programmes to enhance knowledge and understanding of the ecosystem structures and functions in the areas of particular environmental interest. (...)

17 Thank you!

18