Maritime Assignment
Maritime Assignment
Ecosystems
Submitted By-
Jessica Singh Amethia
B-08
Class: BA.LLB
Semester: 8
Year: Fourth Year
Division – B
Maritime Law
1
Table of Contents
I. Introduction.........................................................................................2
IX. Conclusion.........................................................................................16
X. References.........................................................................................17
2
Index Of Authorities
I. Cases
Environmental Justice Foundation, The Pacific Region and Deep-Sea Mining: Case
Study of Indigenous Resistance in Papua New Guinea (2023), available at
https://ejfoundation.org.
Examines the socio-environmental impacts of deep-sea mining on indigenous
communities and ecosystems in Papua New Guinea................................................16
Greenpeace International, Deep Trouble: Case Study on the Solwara 1 Project (2022),
https://www.greenpeace.org.
A detailed analysis of the Solwara 1 deep-sea mining project and its failure due to
environmental and social opposition........................................................................17
International Union for Conservation of Nature (IUCN), Environmental Impacts of
Polymetallic Nodule Mining: A Case Study of the Clarion-Clipperton Zone (2021),
https://www.iucn.org.
Investigated the impacts of polymetallic nodule extraction on marine ecosystems in
international waters..................................................................................................15
Aline Jaeckel, Jeff A. Ardron & Kristina M. Gjerde, Strengthening the Environmental
Impact Assessment Obligations of the International Seabed Authority, 39(3) Ocean
Development & International Law 602 (2023)........................................................11
Katherine A. R. S. Griffith & Brian L. Brown, Equity Challenges in the Deep-Sea
Mining Industry: Distributive and Procedural Justice in Resource Governance,
67(1) Marine Policy 48 (2022).................................................................................14
Kristina M. Gjerde et al., Implications of Deep‐Seabed Mining on Marine Ecosystems
—Introduction to the INDEEP and MIDAS Thematic Issue, 18(3) Integrated
Environmental Assessment and Management 631 (2022).........................................6
Mark J. Costello et al., The Social and Economic Implications of Deep-Sea Mining:
Who Benefits?, 8(3) Frontiers in Marine Science 14 (2021)....................................13
Matthias Haeckel et al., Deep‐Sea Mining: Interdisciplinary Research on Potential
Environmental Impacts, 14(6) Integrated Environmental Assessment and
Management 672 (2018)...........................................................................................12
3
Rahul Sharma, Environmental Issues of Deep-Sea Mining: Impacts, Consequences,
and Policy Perspectives, Springer (2019)................................................................12
III. Reports
Environmental Justice Foundation, Towards the Abyss: How the Rush to Deep-Sea
Mining Threatens People and Our Planet (2023), available at
https://ejfoundation.org/resources/downloads/towards-the-abyss-ejf-deep-sea-
mining-report.pdf......................................................................................................12
European Academies Science Advisory Council, Deep-Sea Mining: Assessing
Evidence on Future Needs and Environmental Impacts (2023), available at
https://easac.eu/publications/details/deep-sea-mining-assessing-evidence-on-future-
needs-and-environmental-impacts............................................................................18
Fauna & Flora International, The Risks and Impacts of Deep-Seabed Mining to
Marine Ecosystems (2020),
https://www.fauna-flora.org/wp-content/uploads/2023/05/FFI_2020_The-risks-
impacts-deep-seabed-mining_Executive-Summary.pdf...........................................14
United Nations Environment Programme, Deep-Sea Mining: A Review of the Current
Status and Environmental Impacts (2024), available at
https://www.unep.org/resources/publication/deep-sea-mining................................10
4
V. Books
David M. Ong, The International Legal and Socio-Economic Framework for Deep-
Sea Mining (Routledge 2017)...................................................................................17
5
DECLARATION
This is to declare that the Research report titled as “Deep-Sea Mining and Its
Threats to Marine Ecosystems” is bonafide work submitted at New Law College,
Bharti Vidyapeeth, deemed to be University, Pune is an outcome of my work and
is undertaken by me. I, further declare that present work is bonafide one and outcome
of my own efforts, this research report or any part thereof, has not been submitted in
part or full to this or any other university for any degree or diploma or any similar
title.
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I. Introduction
In the contemporary era, the demand for critical minerals such as cobalt, nickel, and
rare earth elements has reached unprecedented levels. These minerals are
indispensable for modern technologies that drive the global economy. They are
fundamental components in the production of renewable energy systems like wind
turbines and solar panels, as well as electric vehicles and advanced electronics. With
the global push toward clean energy transitions and technological advancements, the
reliance on these minerals is expected to grow exponentially. However, the limited
availability of these resources on land has driven attention toward the seabed, where
significant reserves of these minerals are believed to exist. This has brought deep-sea
mining (DSM) into the spotlight as a potential solution to meet the surging demand.
Deep-sea mining involves extracting mineral-rich deposits from the ocean floor, such
as polymetallic nodules, seafloor massive sulfides, and cobalt-rich ferromanganese
1
crusts. While the potential resource gains from DSM are significant, the
environmental, legal, and socio-economic consequences of such activities are a matter
of growing concern. The deep sea is one of the least understood ecosystems on Earth,
hosting diverse and fragile marine life. Mining activities in these regions could lead to
irreversible damage to habitats, loss of biodiversity, and disruption of ecological
balance. The environmental threats posed by DSM raise important questions about its
sustainability and the trade-offs involved in pursuing mineral extraction from these
delicate ecosystems.
From a legal standpoint, existing frameworks governing DSM, such as the United
Nations Convention on the Law of the Sea (UNCLOS), provide some guidelines.
However, the adequacy of these regulations in addressing the unique challenges posed
by DSM is debatable. Many argue that current laws are insufficient to regulate
activities, enforce environmental protections, and ensure equitable resource
distribution. Additionally, the rapid pace of technological development and the
exploration of DSM by various nations and corporations underscore the need for a
robust and adaptive legal structure.
1
Kristina M. Gjerde et al., Implications of Deep‐Seabed Mining on Marine Ecosystems—Introduction
to the INDEEP and MIDAS Thematic Issue, 18(3) Integrated Environmental Assessment and
Management 631 (2022)
7
2
The socio-economic implications of DSM are also significant. On one hand, it
promises economic benefits, including job creation, technological innovation, and
access to critical minerals that are vital for global development. On the other hand,
DSM poses risks to communities, particularly those that depend on marine resources
for their livelihoods. Moreover, issues such as resource equity, the sharing of benefits,
and the potential exploitation of developing nations' marine territories add layers of
complexity to the socio-economic discourse surrounding DSM.
Deep-sea mining (DSM) has emerged as a potential solution to meet the increasing
global demand for critical minerals such as cobalt, nickel, and rare earth elements,
which are essential for renewable energy systems, electric vehicles, and advanced
electronics. The scarcity of these resources on land has shifted attention to the seabed,
where substantial reserves are believed to exist. However, DSM presents significant
challenges related to environmental sustainability, legal governance, and socio-
economic equity.
The environmental implications of DSM are profound, as the deep-sea is one of the
least understood and most fragile ecosystems on Earth. Habitats like hydrothermal
vents, seamounts, and abyssal plains are biodiversity hotspots that play critical roles
in global biogeochemical cycles. Mining operations risk habitat destruction,
biodiversity loss, and ecosystem disruption. Studies indicate that recovery from
disturbances can take decades or even centuries, with some damages potentially
irreversible. Sediment plumes, toxic substances, and noise pollution further
exacerbate the ecological threats posed by DSM.
Existing legal frameworks, such as the United Nations Convention on the Law of the
Sea (UNCLOS), provide a basic structure for DSM governance. However, the
adequacy of these frameworks is questioned, as they lack comprehensive provisions
for regulating environmental impacts and ensuring equitable resource distribution.
The rapid pace of technological advancements and the socio-economic complexities
associated with DSM necessitate the development of binding international
2
Environmental Defense Fund, Socio-Economic Risks of Deep-Sea Mining in Developing Nations
(2021), https://www.edf.org.
8
agreements, standardized environmental assessments, and robust enforcement
mechanisms.
The reviewed literature underscores the need for a precautionary approach to DSM.
Temporary moratoriums, strengthened legal frameworks, and inclusive decision-
making processes are critical for ensuring that DSM activities are conducted
responsibly. Promoting sustainable alternatives and incorporating scientific research
into policy decisions will help balance economic benefits with ecological
preservation. International cooperation, technological innovation, and ethical
considerations are indispensable in shaping a sustainable future for deep-sea mining.
3
International Seabed Authority, Deep-Sea Mining and Sustainable Development: A Socio-Economic
Perspective (2023), https://www.isa.org.jm.
10
Significance
DSM plays a crucial role in meeting global mineral requirements, especially in sectors
focused on renewable energy and high-tech applications.
3. Economic Potential: DSM has the potential to boost economies, create jobs,
and reduce reliance on mineral imports for resource-scarce nations.
Current Trends
The interest in DSM has grown significantly, driven by both national governments
and private enterprises. Key trends include:
1. Exploration Activities: Numerous nations and companies have obtained
exploration licenses from the International Seabed Authority (ISA), which
oversees DSM in international waters. These licenses primarily focus on areas
like the Clarion-Clipperton Zone (CCZ), a region spanning 6 million square
kilometers between Mexico and Hawaii, known for its rich deposits of
polymetallic nodules.4
4
United Nations Environment Programme, Deep-Sea Mining: A Review of the Current Status and
Environmental Impacts (2024), available at https://www.unep.org/resources/publication/deep-sea-
mining.
11
3. Geopolitical Competition: Nations such as China, Japan, India, and the
United States are competing to secure access to these resources to ensure long-
term supply chain stability.
Deep-sea ecosystems are some of the most unique and biodiverse habitats on Earth.
These ecosystems include hydrothermal vents, seamounts, and abyssal plains, each
playing a critical ecological role while hosting species found nowhere else. However,
they face mounting threats from human activities, primarily due to deep-sea mining,
climate change, and pollution.5
a. Hydrothermal Vents
b. Seamounts
Seamounts are underwater mountains that rise from the ocean floor, often providing
critical habitats for deep-sea corals, sponges, and fish. They act as biodiversity
hotspots, attracting species that rely on the nutrient-rich upwellings around these
structures. Many commercially important fish species use seamounts as breeding and
feeding grounds.
c. Abyssal Plains
5
Aline Jaeckel, Jeff A. Ardron & Kristina M. Gjerde, Strengthening the Environmental Impact
Assessment Obligations of the International Seabed Authority, 39(3) Ocean Development &
International Law 602 (2023).
12
Abyssal plains are vast, flat areas of the ocean floor, often covered with fine
sediments. Though seemingly barren, they support a wide variety of life, including
sea cucumbers, brittle stars, and burrowing organisms. These plains serve as carbon
sinks, storing organic material that sinks from surface waters.6
Many deep-sea species have slow growth rates and late maturity, making them
especially vulnerable to disturbances.7 Mining and trawling can lead to the extinction
of endemic species, many of which are yet to be discovered and studied. The loss of
these species could disrupt ecosystem services and food webs.
Mining activities can release heavy metals like mercury, cadmium, and lead into the
water column, impacting marine organisms and entering food chains. Toxic
substances from mining processes can contaminate surrounding waters, affecting life
far beyond the mining site.8
The operation of mining equipment and research vessels generates significant noise
pollution, which can disrupt communication and navigation in marine species,
6
Environmental Justice Foundation, Towards the Abyss: How the Rush to Deep-Sea Mining Threatens
People and Our Planet (2023), available at https://ejfoundation.org/resources/downloads/towards-the-
abyss-ejf-deep-sea-mining-report.pdf.
7
Matthias Haeckel et al., Deep‐Sea Mining: Interdisciplinary Research on Potential Environmental
Impacts, 14(6) Integrated Environmental Assessment and Management 672 (2018).
8
Rahul Sharma, Environmental Issues of Deep-Sea Mining: Impacts, Consequences, and Policy
Perspectives, Springer (2019).
13
including whales and deep-sea fish. Artificial lighting used in operations alters the
natural light environment, affecting bioluminescent species and their behaviors.
a. Long-Term Impacts
Studies have shown that deep-sea ecosystems take decades to centuries to recover, if
they recover at all, from physical disturbances. For instance, research on polymetallic
nodule fields indicates that even after decades, sediment composition and biodiversity
remain altered. The loss of keystone species in these ecosystems can lead to cascading
effects, impacting global biogeochemical cycles.
b. Recovery Challenges
Slow reproductive rates and limited dispersal abilities of many deep-sea species
hinder their recovery. The fragile nature of deep-sea habitats means that even small
disturbances can have disproportionately large impacts. The lack of baseline data on
these ecosystems complicates conservation efforts and environmental impact
assessments.
1. Economic Potential:
Deep-sea mining presents significant economic opportunities, especially for
developing nations. The extraction of valuable minerals like cobalt, nickel, and rare
earth elements can contribute to resource availability, aiding in industries such as
renewable energy and electronics. Furthermore, DSM has the potential to create jobs,
both directly in mining operations and indirectly in supporting industries such as
transportation and technology development. For developing economies, it could foster
economic growth and reduce dependence on traditional, terrestrial mining.9
2. Risks to Ecosystem Services:
Despite its economic promise, DSM poses considerable risks to ecosystem services.
The deep-sea environment supports fisheries that provide sustenance and livelihoods
for millions globally. It plays a vital role in carbon sequestration, helping regulate the
Earth's climate. Additionally, nutrient cycles in the ocean are crucial for maintaining
9
Mark J. Costello et al., The Social and Economic Implications of Deep-Sea Mining: Who Benefits?,
8(3) Frontiers in Marine Science 14 (2021).
14
global ecological balance. Disturbance to these processes could have far-reaching
consequences, including food insecurity and exacerbated climate change.10
3. Ethical Concerns:
The ethical debate surrounding DSM focuses on the morality of exploiting largely
unexplored and pristine ecosystems. These ecosystems are often home to unique and
undiscovered species. Mining activities could irreversibly damage habitats before
their ecological significance is fully understood. Critics argue that the precautionary
principle should guide human intervention in such sensitive areas to ensure we do not
compromise natural heritage for short-term gains.
4. Community Perspectives:
Deep-sea mining can profoundly impact coastal and indigenous communities that
depend on marine resources for their culture, livelihoods, and food security.
Disruption to fisheries or pollution of coastal waters can threaten their way of life.
Ensuring that such communities are consulted and their rights respected is essential.
Involving these stakeholders in decision-making processes can mitigate negative
outcomes and help balance economic development with social justice.
In summary, while DSM offers significant economic benefits, its socio-economic
implications necessitate careful consideration of environmental risks, ethical
dilemmas, and the interests of vulnerable communities. A balanced and sustainable
approach is essential to minimize harm while maximizing benefits.11
Key Regions
10
Fauna & Flora International, The Risks and Impacts of Deep-Seabed Mining to Marine Ecosystems
(2020), https://www.fauna-flora.org/wp-content/uploads/2023/05/FFI_2020_The-risks-impacts-deep-
seabed-mining_Executive-Summary.pdf.
11
Katherine A. R. S. Griffith & Brian L. Brown, Equity Challenges in the Deep-Sea Mining Industry:
Distributive and Procedural Justice in Resource Governance, 67(1) Marine Policy 48 (2022).
15
1. Clarion-Clipperton Zone (CCZ): Exploration and Environmental Challenges
Geography and Significance: The CCZ, a vast submarine area in the Pacific
Ocean, is a hotspot for polymetallic nodule exploration. These nodules contain
valuable metals such as nickel, cobalt, copper, and manganese, essential for
battery production and renewable energy technologies.12
Exploration Activities: Several companies and nations have been granted
exploration licenses by the International Seabed Authority (ISA) to survey the
CCZ. However, these activities face scrutiny for their potential to disrupt
deep-sea ecosystems.
Environmental Concerns:
Case Study: A 2022 study highlighted how exploratory mining trials in the
CCZ resulted in reduced species abundance and diversity, with ecosystem
recovery taking decades or longer.
Economic Potential: The Cook Islands have one of the largest Exclusive
Economic Zones (EEZs) in the Pacific, rich in polymetallic nodules. The
government has been exploring DSM as a means to boost economic
development.
12
International Union for Conservation of Nature (IUCN), Environmental Impacts of Polymetallic
Nodule Mining: A Case Study of the Clarion-Clipperton Zone (2021), https://www.iucn.org.
Investigated the impacts of polymetallic nodule extraction on marine ecosystems in international
waters.
16
Regulatory Framework: The Cook Islands' Seabed Minerals Act (2019)
emphasizes sustainable practices, requiring rigorous environmental
assessments before granting licenses.13
Challenges:
Case Study: In 2023, the Cook Islands signed a memorandum with a mining
firm to ensure community engagement and compliance with international
environmental standards, showcasing a precautionary approach to resource
exploitation.
Global Movements
17
Ethical concerns about exploiting one of the least understood environments on
Earth.
2. Policy Developments:
Technological Innovations
Robotics and AI: Advanced robotic systems are being designed to precisely
extract nodules, minimizing disturbance to the surrounding environment.
Real-Time Monitoring: AI-powered sensors and drones provide real-time
data on mining impacts, enabling immediate mitigation measures.
Sediment Containment Systems: Innovations like sediment containment
shields aim to reduce the spread of plumes, protecting nearby habitats.
Biological Studies: Genetic mapping and microbiome analysis are used to
assess and preserve biodiversity in mining zones.
2. Green Alternatives:
15
David M. Ong, The International Legal and Socio-Economic Framework for Deep-Sea Mining
(Routledge 2017).
18
The outlined recommendations provide a comprehensive approach to addressing the
environmental, social, and economic challenges associated with deep-sea mining
(DSM). Here's an in-depth exploration of each recommendation:
Rationale:
Deep-sea mining involves extracting minerals and resources from the ocean floor,
which is a largely unexplored and delicate ecosystem. The potential for irreversible
damage to marine biodiversity, disruption of deep-sea habitats, and unanticipated
environmental consequences necessitates caution.16
Key Measures:
Outcomes Expected:
Rationale:
16
European Academies Science Advisory Council, Deep-Sea Mining: Assessing Evidence on Future
Needs and Environmental Impacts (2023), available at https://easac.eu/publications/details/deep-sea-
mining-assessing-evidence-on-future-needs-and-environmental-impacts.
19
Currently, the legal frameworks governing DSM are fragmented and insufficiently
equipped to address its global implications. Robust, binding international standards
are essential to ensure accountability and environmental protection.17
Key Measures:
Outcomes Expected:
Rationale:
17
International Union for Conservation of Nature, Deep-Sea Mining: Protecting Biodiversity in Areas
Beyond National Jurisdiction (2020), https://www.iucn.org/resources/issues-briefs/deep-sea-mining.
20
Key Measures:
Outcomes Expected:
4. Inclusive Decision-Making
Rationale:
Key Measures:
18
European Academies Science Advisory Council, Deep-Sea Mining: Assessing Evidence on Future
Needs and Environmental Impacts (2023), https://easac.eu/publications/details/deep-sea-mining-
assessing-evidence-on-future-needs-and-environmental-impacts.
21
Indigenous Rights: Recognize and respect the rights of indigenous
communities, whose livelihoods and cultural heritage may be affected by
DSM activities. Ensure free, prior, and informed consent before proceeding
with projects.
Transparency and Public Participation: Provide open access to data,
reports, and decision-making processes related to DSM. Involve the public in
consultations and encourage civic participation.
Science-Based Policymaking: Rely on scientific research and evidence to
guide decisions, ensuring that environmental and social considerations are
prioritized over short-term economic gains.
Outcomes Expected:
Inclusive decision-making fosters trust, reduces conflicts, and ensures that policies are
socially just, environmentally sound, and economically viable.
Deep-sea mining should be halted until the criteria specified by IUCN are met,
including the introduction of assessments, effective regulation and mitigation
strategies.
IX. Conclusion
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will ensure that the pursuit of underwater resources does not come at the cost of
irreparable environmental harm.
X. References
Academic Journals
23
4. Journal of Marine Systems - Explores physical and ecological processes in
marine systems, including human impacts.
5. Nature Geoscience - Frequently publishes studies related to seabed geology
and mineral resources.
1. The Pew Charitable Trusts - Deep-Sea Mining and its Potential Impact
(2022).
2. World Bank Report - Pacific Possible: Deep-Sea Mining (2017).
3. IUCN Report - Deep Seabed Mining: A Rising Environmental Challenge
(2020).
Relevant Books
24
1. Lodge, M. W., & Ranganathan, S. (2020). Deep-Sea Mining: Resource
Potential, Technological, Legal, and Environmental Considerations.
2. Thiel, H., & Koschinsky, A. (2019). Deep-Sea Mining: Mineral Resources,
Environmental Impacts, and Technological Progress.
Online Resources
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