A LEGAL ANALYSIS OF DEEP-SEA MINING AND BIODIVERSITY

ABSTRACT

This article looks at the environmental and legal aspects of deep-sea mining, with a particular emphasis on how it can endanger marine biodiversity. It highlights the necessity for strict management and lists the ecological threats, such as habitat degradation, silt plumes, noise, and light pollution. Along with Indian national regulations like the Offshore Areas Mineral Act, 2002, and the function of NIOT, international frameworks like UNCLOS, the London Convention, the Espoo Convention, the IUCN’s moratorium call, and others are examined. The paper makes the case that deep-sea ecosystems cannot be sufficiently protected by the legal and scientific contexts in place. A global suspension on commercial deep-sea mining until sufficient environmental protections, impact assessments, and governance structures are completely recognized and implemented is strongly indorsed in the report’s conclusion.

INTRODUCTION

The practice of obtaining natural minerals from the seabed or the ocean floor at depths more than 200 meters (656 feet) is known as deep-sea mining. These mostly comprise mineral reserves such as manganese, copper, nickel, and cobalt. Its main goal is to collect valuable minerals, such as:

• Cobalt-rich crusts: Metal-rich layers on undersea
• Massive crusts on the sea floor: Mineral-rich strata on underwater mountains
• Polymetallic nodules are tiny mineral ores the size of rocks

Larger-scale deep sea mining is shortly to be implemented due to deteriorating terrestrial reserves and growing metal demand. Deep-sea mining as an industry is still in its early stages and exploratory phases. Sea creatures are in danger from this emergent industry, which can ruin their ecosystems and eradicate entire underwater species.

DEEP-SEA MINING AND ITS ENVIRONMENTAL RISK

Ocean ecosystems face frequent serious environmental threats as a result of deep-sea mining. The following is a discussion of some of the main effects on ocean biodiversity:
I. Plumes of sediment:

Numerous plums of suspended sediments from the mineral deposits are formed by mining activities, and these plums can travel great distances. The photosynthetic organisms that border the water are impacted by these particles since they often lessen the light pigmentation.
II. Destruction of ecosystems:

The direct obliteration of seafloor ecosystems and living things that have existed for thousands to millions of years. The marine ecology is severely disrupted during this deep-sea mining operation, which could result in the loss of deep-water organisms.

III. Noise Pollution:

In spirit, deep-sea mining uses large equipment that may be used on or close to the sea floor, which produces loud, low-frequency sound waves when it is submerged. Furthermore, sound waves are essential to deep-sea ecosystems for communication, navigation, mating, and predator detection. Long-term exposure to sound waves can stress marine life and alter its natural behavior, which can harm the organisms physically by damaging their sensory organs and possibly endanger their lives. The deep-sea environment is suddenly troubled by noise pollution, an unseen danger that has a reflective effect on these animals’ lives.

1. Light Pollution:

Although deep-sea areas are usually gloomy, mining operations bring artificial lights for the comfort of operating Remotely Operated Vehicles (ROVs) and other contemporary light-emitting equipment. Many creatures found in the deep water are either bioluminescent or have simply adapted to live in complete darkness. Their biological rhythms are upset by abrupt exposure to artificial light, which also interferes with their natural behaviors, including feeding, mating, navigation, and other vital life processes.

INTERNATIONAL LEGAL WORK GOVERNING DEEP-SEA MINING

1. United Nations Convection on the Law Of the Sea (UNCLOS):

UNCLOS, in Part XI, together with its 1994 Implementation Agreement relating to Part XI, sets forth the international legal framework for activities related to deep-sea bed mining and marine scientific research in the area[1]. The guiding principle of the common heritage of mankind is manifested in many ways:

• All rights in the resources of the area are vested in mankind as a whole
• No state or natural or judicial persons can claim, acquire, or exercise rights in connection to resources in the area except under Part XI
• All mining and any minerals recovered may only be aligned by UNCLOS and the rules adopted by the Authority
• Activities in the Area, including marine scientific research, are to be carried out for the benefit of mankind as a whole
• Financial and other economic benefits from seabed mining are subject to equitable sharing under rules to be developed by the Authority (UNCLOS articles 133-143).

UNCLOS in Part XII requires national rules for pollution from seabed activities in the area as well as within national jurisdiction to be no less effective than international rules, standards, and recommended practices and procedures (UNCLOS articles 208-209)[2].

1. Protection of Deep-sea ecosystems and biodiversity through a moratorium on seabed mining:

Given on growing interest in the field of deep-sea mining, global conservation bodies have raised significant measures. The International Union for Conservation of Nature (IUCN), through its Motion 069, which was passed in the year 2020 by, World Conservation Congress, called for a global moratorium on deep-sea mining. The motion warns that biodiversity loss from these activities is more likely unavoidable and potentially irreversible on the human timescales. Until proper impact assessments, sustainable minerals management, and environment safeguard management policies are implemented, the IUCN urges that no new deep-sea mining contracts be approved.

As stated in IUCN Motion 069: “Biodiversity loss from deep seabed mining is likely to be inevitable and irreversible on human timescales.”[3]. This stark warning underscores the global conservation community’s call to halt deep-sea mining until scientific knowledge and governance frameworks are sufficient to ensure environmental protection.

III. UNECE Espoo Convention:

The United Nations Economic Commission for Europe (UNECE) Espoo Convention was set up by the United Nations Economic and Social Council (ECOSOC) in 1947 to protect and ensure the quality, quantity, and sustainable use of transboundary watercourses and international lakes. Although deep-ocean mining primarily occurs beyond national jurisdictions, its environmental impacts don’t respect political boundaries. In this framework, the principles of the UNECE Espoo Convention- particularly the requirement for transboundary environmental impact assessments- offer a compelling model. Applying these principles to seabed mining could ensure greater accountability and cooperation among states, particularly when mining activities could impact the marine diversity in the adjacent EEZs or shared ecosystems[4].

1. London Convention (1972)- The Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter:

The London Convention mainly discusses marine pollution and water disposal. Although this convention does not regulate deep-sea mining directly, it sets important environmental standards that frame a crucial part with regard to the risks and governance gaps in mining the deep ocean. As the idea of deep-sea mining gets closer to reality, there is a growing concern about marine pollution. This convention urges the nations to “take effective measures that strengthen the ocean ecosystem, which involves taking measures to prevent, reduce, and where practicable, eliminate pollution caused by dumping or incineration at sea”[5].

INDIAN LAW AND POLICIES RELEVANT TO DEEP-SEA MINING

1. Offshore Area Mineral (Development and Regulate) Act, 2002:

India’s plunge into the mysterious depths of the ocean isn’t just about technology and treasure, it is firmly anchored in law. The Offshore Areas Mineral (Development and Regulation) Act, 2002, acts as an important piece of legal compass guiding the country’s underwater goals. This act lays out a framework for regulating exploration, granting mining leases, and maintaining accountability in offshore zones. As the Deep Ocean Mission gains momentum, this legal backbone ensures that India dives deep – boldly and lawfully. It is not just a piece of legislation; it’s a passport to the future of mineral exploration. Without it, India’s deep-sea dreams would be just that dreams.

1. Offshore Areas Mineral Concession Rules, 2006:

India’s Deep Ocean Mission is a testament to its commitment to ocean exploration, laying a strong foundation for a new era of resource exploration through deep-sea mining. These rules complement the Offshore Areas Mineral (Development and Regulation) Act by facilitating the process for obtaining mineral concessions in offshore areas. These rules explicitly specify the terms and conditions for exploration, production leases, aiming to regulate, reconnaissance, and manage offshore mineral resources effectively[6]. This act is supported by Chapter VI of the Offshore Mineral Rules 2006, which is dedicated to the protection of the environment and marine life. It mandates compliance with international conventions to which India is a party, and requires the taking of all precautions and measures for protections and measures for protection of the marine environment, including steps to control pollution[7].

INDIA’S INTERNATIONAL COMMITMENTS AFFECTING DEEP-SEA MINING

1. United Nations Convention on the Law of the Sea (UNCLOS):

India is a signatory to UNCLOS (1982), which serves as the primary legal framework for activities in the world’s oceans, including deep sea mining. Area Beyond National Jurisdiction (“The Area”): Under UNCLOS, DSM in international waters is governed by the principle that “The Area” and its resources are the common heritage of mankind. Activities must be carried out for the benefit of all, especially developing countries. India must comply with UNCLOS rules in its Exclusive Economic Zone (EEZ) and in international waters via the International Seabed Authority (ISA).

1. G20 and Climate Diplomacy:

India’s role as a developing nation, especially under G20 and BRICS, positions it as a voice for equitable access to technology sharing and marine resources. To meet its obligations, India has initiated the “Deep Ocean Mission”, with goals aligned to international standards. Ensured that any commercial exploitation phase will need to comply with ISA exploitation regulations, still under negotiation globally. Established the National Institute of Ocean Technology (NIOT) and the Ministry of Earth Science (MoES) as key Deep-sea mission institutions.

CONCLUSION

Deep-sea mining may sound like the future, but it has its cons. Even though it is an exciting way to meet the world’s growing need for critical minerals, it is dangerous for the deep-sea ecosystem. The sea beds are home to rare Earthly organisms that have persisted for thousands and millions of years, and they contain more than just metals. At present, our environmental protection and legal systems are not strong enough to handle the scale of damage that deep-sea mining could cause. Let us choose to lead with wisdom, not haste. Let us pioneer a new era where technological advancement and biodiversity conservation go hand in hand. The deep sea is humanity’s last great wilderness. We owe it not just caution but vision.

 

 

REFERENCES

1. MIDAS, The International Legal Framework for Deep Sea Mining: A Primer(2015) www.eu-midas.net
2. United Nations Convention on the Law of the Sea(adopted 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3, art 208, 209
3. IUCN, Motion 069 – Protection of deep-ocean ecosystems and biodiversity through a moratorium on seabed mining (2020 World Conservation Congress, Marseille, 2020) https://www.iucncongress2020.org/motion/069 
4. Convention on Environmental Impact Assessment in a Transboundary Context(adopted 25 February 1991, entered into force 10 September 1997) 1989 UNTS 309 (Espoo Convention) https://unece.org/environment-policy/environmental-assessment/text-convention.
5. US Environmental Protection Agency, London Convention and London Protocol: International Treaties to Prevent Marine Pollution(Webpage, last updated 12 June 2023) https://www.epa.gov/ocean-dumping/london-convention-and-london-protocol-international-treaties-prevent-marine-pollution accessed on 05 April 2025
6. Vanshika Mittal, Assessing India’s Legal Preparedness for Seabed Mining (Part II)(Maritime India, 2023) https://maritimeindia.org/assessing-indias-legal-preparedness-for-seabed-mining-part-ii/  accessed on 06 April 2025.
7. Rule 40(2)- 40(7) Offshore Areas Mineral Concession Rules 2006 https://upload.indiacode.nic.in/showfile?actid=AC_CEN_15_16_000010_200317_1517807327201&typerule&filename=Offshore%20Areas%20Mineral%20Concession%20Rules,%202006.pdf accessed in 06 April 2025.