Introduction
In Part 1 of our article, we explored the opportunities and challenges associated with Deep Sea Mining (DSM), with a focus on the role of the International Seabed Authority (ISA) and its Mining Code, which serves as the primary framework for regulating mineral-related activities in the international seabed area, also known as "the Area." Part 2 of this article examines the legal framework of DSM within specific jurisdictions, explores how Nigeria can engage in the global DSM landscape, and how adopting a "blue economy" approach that integrates economic development with ocean health, can guide sustainable DSM practices.
Deep-Sea Mining on a Global Perspective (Norway, Japan, and China in focus)
The regulations surrounding DSM in Norway, Japan, and China are based on each nation's domestic laws, international obligations under the United Nations Convention on the Law of the Sea (UNCLOS), and their strategic interests in ocean resources. Given their significant investments in DSM within their Exclusive Economic Zones (EEZs), these countries are developing domestic legal frameworks to govern mining activities, ensuring a balance between environmental protection and resource exploitation. Below is an overview of the legal frameworks in each country:
Norway's Legal Framework:
Norway has positioned itself as a leader in DSM, leveraging its strong maritime and offshore energy expertise. Seabed mining in Norway is primarily regulated by the Norwegian Seabed Minerals Act 2019. This law governs the exploration and exploitation of mineral resources on Norway's continental shelf, consistent with Norway's obligations under international law, particularly the UNCLOS.
Some of the key features of the Seabed Minerals Act include:
- Scope: The Act applies to mineral activities on the Norwegian continental shelf, excluding petroleum resources (which are regulated by the Petroleum Act).
- Licensing and Approvals: The Norwegian Directorate of Mining oversees the licensing process; companies must obtain licenses and government approval to engage in exploration and exploitation activities. Licenses are granted based on strict environmental and economic criteria.
- Environmental Protection: Operators must assess environmental impacts continually and comply with prudent exploitation standards.
- Resource Management: The Act ensures that seabed minerals are developed sustainably and contribute to Norway's economic development.
- Revenue and State Interests: The government retains the right to collect fees, royalties, or taxes from seabed mining operations.
In addition, Norway's obligations under international agreements like UNCLOS require that seabed mining respect international regulations, including those established by the ISA for areas beyond national jurisdiction.
Japan's Legal Framework:
Japan has long been a leader in the DSM space. As a result of its geography, it has an expansive maritime zone consisting largely of deep waters in the Pacific, likely to hold significant stores of critical minerals. Its DSM efforts focus on mineral-rich hydrothermal deposits and polymetallic nodules within its EEZ. In Japan, DSM also known as seabed mining is primarily regulated by the Act for Interim Measure for Deep Seabed Mining (Act No. 64 of 1982) and the Law on the Development of Deep-Sea Mineral Resources (Act No. 51 of 1989). This law governs the exploration and exploitation of mineral resources within Japan's EEZ and continental shelf.
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