Brieing Paper 01/2014 Deep Sea Mining: Environmental, Legal and Technical Challenges for Developing Countries Sensitization Seminar 7, Mexico, 2013 Sensizaon seminars are organized by the Internaonal Seabed Authority (ISA) in partnership with the hosng country and experts from various scienfic and legal instuons associated with the 1982 UN Convenon on the Law of the Sea (the Convenon). In November 10‐11, 2013, a sensizaon seminar entled “Deep Sea Mining Opportunies for Mexico on Internaonal Waters”, was carried out in Mexico City and organized by the Ministry of Foreign Affairs and the ISA. This was the seventh in a series of seminars convened by the Authority, and the second to be held in Lan America. Previous seminars were held in Indonesia, Brazil, Nigeria, Spain, Jamaica and three in New York in 2012, 2013 and 2014. In his opening address, the Secretary of the Mexican Foreign Affairs Ministry, Dr. José Meade, stated that sustainable deep sea mining acvity should include clear legal framework, sustainable technology and the parcipaon of the private and public sector under strong governance. Dr. Meade added that the exploitaon of such resources must be done with respect for the environment in a raonal and sustainable manner. Dr. Idelfonso Guajardo Villareal, Secretary‐General of the Ministry of Economy of Mexico, in his statement, declared that from 2014‐ 2050 the world’s demand for minerals will be the highest yet observed. He menoned that the Clarion‐ Clipperton Zone (CCZ), which extends from Mexico to Hawaii, could account for more than 27 million metric tons of mineral resources, such as, nickel (Ni), cobalt (Co), manganese (Mn) and copper (Cu). Figure 1: (Top L‐R): Mr. J. Rebolledo, Mining Consorum The Secretary‐General of ISA, Mr. Nii A. Odunton Group of Mexico; Dr. José Narro Robles, President of (Figure 1), also addressed the seminar corroborang Universidad Autonoma de Mexico; Mr. Nii. A. Odunton, the fact that such reserves exist, but that they should Secretary‐General, ISA; Dr. José A. Meade Kuribreña, be exploited under the rules and regulaons of the Secretary of the Mexican Foreign Affairs Ministry; and Dr. Ildefonso Guajardo Villarreal, Secretary of Economy of ISA to ensure that undeveloped countries would have Mexico. (Boom) Seminar Parcipants. fair parcipaon of these natural resources that are the common heritage of mankind. In the same line of thought, Dr. José Narro Robles, President of REGULATORY REGIME FOR DEEP SEA Universidad Nacional Autónoma de México (UNAM), MINING IN THE AREA echoed the statement made by Mr. Meade, by offering its academic plaorm (scienfic and The legal and administrave framework under which technological capabilies of Mexico) to the Mexican the ISA relates to member States and contractors was authories and the private sector to work towards a presented by the Deputy to the Secretary General, Mr. sound programme of exploraon and exploitaon of Michael Lodge. deep sea habitats. In his presentaon, he explained the structure and funcons of ISA as well as the historical evoluon of ISA contracts at the CCZ (Figure 2) and the licences given in the Area for cobalt‐enriched crusts and massive polymetallic sulphides. To date, regulatory frameworks exist for 2 exploraon and prospecng for polymetallic nodules, massive sulphide Page deposits and cobalt‐rich crusts. The UN Division for Ocean Affairs and the Law of the Sea (DOALOS) presented the scope of the UNCLOS and its instuonal bodies: ISA, Jamaica; Internaonal Tribunal for the Law of the Sea (ITLOS), Germany; and the Commission on the Limits of the Connental Shelf (CLCS) in the United States of America. Mr. Luigi Santosuosso explained the different roles of each of these instuons. Mr. Galo Carrera, of CLCS, described the role of CLCS in relaon to the implementaon of the extended limits of the connental shelf for member States with coastal areas around the world. He menoned that a total of 67 submissions for extended limits of connental shelf had been received and that a considerable number of new applicaons were expected. The total area of high seas is about 200.4 millions km2, (hp:// www.gc.noaa.gov/gcil_marime.html #seas) (Figure 3). This area will decrease aer all the applicaons for the extended limits of connental shelf are granted to Figure 2: Nineteen contracts have been issued across three oceans. There member States. are four applicaons pending approval and three new applicaons (ISA DEEP SEA NATURAL 2014). There are few reserved areas at the CCZ that developing countries could sll apply for. RESOURCES: MINERALS The environmental aspect of the work of the ISA was presented by the Authority’s Head of Office of Resources and Environmental Monitoring, Dr. Sandor Mulsow. He explained the importance of the parallel advances in technologies for exploitaon and in the acquision of valuable environmental data to understand ecological funcons as well as biodiversity assessments. Figure 3: The Area is shaded in dark blue. Light blue represents the EEZ and the light brown represents applicaons to the CLCS. A B C A: Polymetallic Nodules (2000); B: Massive Sulphides (2010) C: Cobalt‐Rich Crusts (2012) Page 3 Both acvies are important crusts not only provided Ni, Cu, Co, SUPPLY AND DEMAND and are cornerstones for Mn and iron (Fe) but also many rare devising environmental impact earth minerals, such as tellurium (Te) While land‐based mining is driven by assessment (EIA) of future which is important in photovoltaic cell demand and scarcity of the resources, exploitaon acvies in the producon. Dr. Hein stated that deep sea mining is driven by supply Area for polymetallic nodules, “finding enough Te is the largest and demand. Caitlyn Antrim’s enriched cobalt crust and barrier to mul‐terawa use of presentaon provided an extensive massive polymetallic cadmium (Cd)‐Te electricity analysis of the supply and demand of sulphides. generaon. It is widely regarded as the major minerals known to exist in the deep sea habitat. She pointed out Deep sea mining involves the the lowest cost photovoltaic that four major factors influenced prospecng and exploraon of technology with the greatest exploitaon of minerals in the Area: deep sea habitat to classify the potenal.” Dr. Hein concluded that quality, technology, regulatory regime resources in terms of there were several challenges that and commodity markets. She stated feasibility (cost‐producon). needed to be met, such as accurate that crical mineral security (Table 1) Dr. Jim Hein, of United States ageing methods for crusts, definion was a very relevant topic to look in Geological Survey (USGS), of processes that increase the relaon to deep sea mining. In examined cobalt‐rich crust presence of planum (Pt), and rare parcular, with rare earth elements deposits. He said deep sea earth elements in the crust formaon, (REEs) mainly produced by one mining was a complex process and technological innovaon to country (China) and used in many new that required sustained and remotely assess the nature of the technological advances worldwide, strong investments in crust, (e.g. thickness). He noted that future demands were expected to be technology, metallurgic and metallurgic process innovaon would high. environmental assessments. also be desired. The orogeny of cobalt‐rich Table 1. Comparave analysis of some mineral commodies (C. Antrim, 2013) Fracon of US Consumpon Net Import Major World Ore US imports in 1 million Reliance* Producers Sources tons of deep sea minerals Nickel 47% Russia, Canada Russia, Canada, 10.1% Australia, Norway Copper 35% Chile, USA Chile, Canada, Peru 0.6% Cobalt 75% DR Congo, Zambia China, Norway, 36.9% Russia, Canada Zinc Metal: 77% China, Peru, Canada, Peru, 19% Ore: 0% Australia Mexico Manganese 100% Gabon, Australia Gabon, South Africa, 35.8% Australia, China REE 100% China China 10% *Import reliance counts secondary recovery (recycling) as domesc producon ij It was clear that deep sea minerals are world‐class List of Participants resources of minerals crical to worldwide MEXICO development and for the industrialisaon of Dr. José Antonio Meade Kuribreña, Secretario, Secretaría de undeveloped countries with compeon between land‐ Relaciones Exteriores, based nickel laterite and porphyry copper caused by Dr. Ildefonso Guajardo Villarreal, Secretario, Secretaria de declining grade and accessibility of the laer. Economía Dr. José Narro Robles, Rector, Universidad Autónoma Nacional DEEP SEA HABITAT AT HIGH SEAS: A H.E. Ambassador Gerardo Lozano, Permanent Representave of Mexico to the Authority 4 COMMON HERITAGE OF MANKIND Dr. Jose Luis Vallarta, Faculty of Law, UNAM and former Permanent Representave of Mexico to the Authority The Director of the Instuto de Ciencias Marinas y Page Dr. Elva Escobar, ISA LTC Member, General Director, Instute of Limnológicas de UNAM, Dr. Elva Escobar put in Marine Science and Limnology, Universidad Autónoma Nacional perspecve the complexity and fragility, (Figure 4) of de Mexico (UNAM) the deep sea from the ecological aspect as well as from Dr. Katy Juarez, Instute of Biotechnology, UNAM Mr. Enrique Cabrero, Director General, Consejo Nacional de Ciencia the logisc challenges. Dr. Escobar stated in her y Tecnología presentaon, that any kind of deep sea mining Mr. Rebolledo, Mining Consorum Group of Mexico iniave, must be done responsibly and as a joint effort Mr. Max Diener, Legal Consultant of the Ministry of Foreign Affairs among sciensts, miners and the public governance of of Mexico member States such as Mexico. She pointed out that Mr. Hector Bausta, General Director of Port Lazaro Cardenas, Ministry of Transport and Communicaon the deep sea provided both non‐living natural ARGENTINA resources and living resources. Dr. Katy Juarez of Ms. Frida Armas, Coordinator, Naonal Commission on the Outer Limits of the Connental Shelf, Bueno Aires CANADA Mr. Galo Carrera, UN Commission on the Limits of the Connental Shelf, Associate Professor to the Marine Affairs Program, Dalhousie University UNITED STATES Dr.