The push for a deep-sea mining code

LETICIA Carvalho, secretary-general of the International Seabed Authority or ISA, has set a goal of completing a global regulatory framework for deep-sea mining by the end of the year (2026). As the first ISA leader with a scientific background, the oceanographer and former Brazilian oil regulator is responsible for guiding 170-member states toward consensus on rules governing mineral extraction in international waters.

Carvalho describes the completion of the mining code as an “absolutely existential” priority. Her sense of urgency follows the Trump administration’s announcement that the United States intends to begin issuing its own seabed mining permits in international waters. She cautions that without a coordinated international framework, countries may adopt their own standards, creating what she characterizes as a regulatory “Wild West.”

A particular concern for Carvalho is the recent U.S. decision to merge exploration and commercial permitting processes, which shortens environmental review timelines. She argues that such unilateral actions bypass the ISA’s role and could encourage other nations to follow suit, increasing environmental risks and potentially limiting benefits intended for developing countries.

Environmental organizations, including Greenpeace, along with 40 countries, have called for a moratorium or ban on deep-sea mining. Carvalho maintains that a moratorium would hinder scientific research needed to understand deep-sea ecosystems and could delay the development of strong environmental safeguards.

She acknowledges that the draft mining code still contains 32 unresolved issues, ranging from minor wording to more substantive provisions. However, she believes member states can complete the work this year without compromising quality, emphasizing that regulations can evolve over time. “The perfect is the enemy of the good,” she notes.

Carvalho’s accelerated timeline has drawn mixed reactions.

• Industry View: Gerard Barron, CEO of The Metals Company, questions whether the ISA can finalize the code this year (2026) and has praised the U.S. regulatory approach as “complete and modernized.” His company aims to begin commercial mining in the Clarion-Clipperton Zone by 2027, supported by the U.S. permitting framework.

• Environmental and Scientific View: Scientists and environmental groups warn that deep-sea mining could cause long-lasting ecological damage. A test conducted by The Metals Company showed a 30 percent decline in biodiversity and abundance in the affected area. Critics also caution that rushing the ISA’s rulemaking process could lead to weak or incomplete protections. Greenpeace has additionally raised concerns about whether current ISA proposals ensure fair revenue distribution for developing nations.

Carvalho’s current timeline contrasts with her 2024 campaign statements, when she suggested that finalizing a mining code would likely take several years. She emphasizes that her role is not to advocate for or against mining but to facilitate a fair and functional regulatory process. “My job is not to design these regulations,” she says. “My job is to set the table.”

Even so, she acknowledges the personal significance of the effort, viewing a completed international agreement as potentially one of the most important accomplishments of her career.

More to come on this issue as it develops.

Deep dive perspective:

https://drive.google.com/drive/folders/1Jg5NwZeEhgueYI3kboniYRhVyEolvnmT

Thank you.

 

NOEL M. SORIA
Saipan, CNMI

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