An Environmental Management Strategy for the International Seabed Authority? The Legal Basis

Jaeckel, Aline

doi:10.1163/15718085-12341340

Cited by 22 publications

(8 citation statements)

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“…The International Seabed Authority (ISA) Mining Code that will regulate mineral exploitation in The Area (i.e., the seafloor in the area beyond national jurisdiction) is being developed based on the United Nations Convention on the Law of the Sea (UNCLOS). The Mining Code contains environmental regulations that should ensure that the marine environment is protected from any harmful effects, which may arise during mining activities, including, among others, a precautionary approach and the use of best environmental practices such as environmental impact assessments (EIAs), baseline data collection that follows an ecosystem-based approach and monitoring programs (Jaeckel, 2015;UNCLOS articles 137, 145, 153). Norway's interest in its potential seabed resources has also increased rapidly, and a new "Act on Mineral Activities on the Continental Shelf " entered into force on 1 July 2019, regulating all exploration for and exploitation of subsea minerals on the Norwegian Continental Shelf (Seabed Mineral Law, 2019).…”

Section: Introductionmentioning

confidence: 99%

Benthic Communities on the Mohn’s Treasure Mound: Implications for Management of Seabed Mining in the Arctic Mid-Ocean Ridge

et al. 2020

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The Mohn's Treasure, described as an inactive sulfide mound, was discovered at 2,600m depth on the Arctic Mid-Ocean Ridge (AMOR) in 2002. In 2015, we conducted the first biological survey of Mohn's Treasure using remotely operated vehicle (ROV) photo transects and sampling. This site is covered by a thick layer of fine sediments, where hard substratum is only visible as rocky outcrops on ridges. The observed benthic community was typical of Arctic bathyal systems. A total of 46 species (identified as morphospecies) were recorded, with densities varying from 12.2 to 31.6 ind.m −2. The two most abundant phyla were Porifera and Echinodermata. The sediment is dominated by fields of the stalked crinoid Bathycrinus carpenterii, whereas areas of hard substratum were characterized by high abundances of several sponge species and associated fauna. Interest in commercial exploration and exploitation of minerals from massive sulfide deposits is rising globally, and the AMOR is being targeted for mineral exploration within Norwegian waters. Gathering baseline ecological data from these poorly known sites is thus urgent and essential if robust resource management measures are to be developed and implemented. The results of this ecological survey are discussed in relation to the designation of deep-sea vulnerable marine ecosystems (VMEs) and their implication in management and conservation of areas targeted by the emerging deep-sea mining industry.

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Section: Introductionmentioning

confidence: 99%

Benthic Communities on the Mohn’s Treasure Mound: Implications for Management of Seabed Mining in the Arctic Mid-Ocean Ridge

et al. 2020

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“…For this purpose the ISA is required to adopt "appropriate rules, regulations and procedures for inter alia, (a) the prevention, reduction and control of pollution and other hazards to the marine environment, including the coastline, and of interference with the ecological balance of the marine environment … and (b) the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment" (UNCLOS Art. 145 (a) and (b)) [11]. This is in addition to other obligations in UNCLOS that call for, inter alia, the protection and preservation of the marine environment," and the taking of measures "necessary to protect and preserve rare or fragile ecosystems as well as the habitats of depleted, threatened or endangered species and other forms of marine life (UNCLOS Art.…”

Section: Introductionmentioning

confidence: 99%

Defining “serious harm” to the marine environment in the context of deep-seabed mining

Levin

Mengerink²,

Gjerde³

et al. 2016

Marine Policy

239

160

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There is growing likelihood of minerals mining in the deep sea. (64)  Assessing the significance of resulting environmental impacts takes on urgency. (79)  The ISA is developing regulations for seabed mining which must prevent serious harm. Defining "serious harm" is critical to effective regulation of mining activities. (82)  Deep faunal vulnerabilities derive from low growth rates, species longevity and rarity. Connectivity, resilience, and cumulative impacts are key to significance assessment.

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“…As for the BBNJ Agreement, environmental impact assessments are suggested to be used as the central SEA‐type, building one of the four key components of the BBNJ Agreement package (UNGA, 2019). An Environmental Impact Assessment is a prominent and well‐established instrument promoting the protection of the marine environment in coastal and marine areas within national jurisdiction (Doelle & Sander, 2020; Jaeckel, 2015). The inclusion of these assessments in the BBNJ Agreement is therefore a step toward broadening and reforming policies, activities, plans and programmes that encompass the marine environment in ABNJ.…”

Section: Building Environmental Policy Integration Through the Bbnj A...mentioning

confidence: 99%

A UN Treaty for Marine Biodiversity: Establishing Environmental Policy Integration in Global Governance

Barirani

2022

Global Policy

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An extensive regime for marine biodiversity in 'areas beyond national jurisdiction' is currently discussed under the United Nations. A key aspect of its institutional design concerns the integrative quality of the treaty that is to be developed on the conservation and sustainable use of biodiversity beyond national jurisdiction -called the 'BBNJ Agreement'. There is a large number of global and regional policy instruments regulating activities in the areas beyond national jurisdiction.Yet, issues of integrating and coordinating these instruments prevail, raising the question how a new treaty could provide for environmental policy integration in ocean governance. This paper draws on environmental policy integration literature of the past three decades to explore, ex ante, to what extent the planned ocean treaty can contribute to more institutional harmonization. It examines how the treaty addresses four key policy-making dimensions of environmental policy integration, and new opportunities and challenges that have emerged, based on the attributes of the treaty provisions and its institutional architecture. This paper concludes that the BBNJ Agreement offers an alternative policy framework which has the potential to enhance the conservation and sustainable use of marine biodiversity by triggering more international cooperation and collaboration and filling gaps in ocean governance.

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An Environmental Management Strategy for the International Seabed Authority? The Legal Basis

Abstract: The number of contracts granted by the International

Cited by 22 publications

References 1 publication

Benthic Communities on the Mohn’s Treasure Mound: Implications for Management of Seabed Mining in the Arctic Mid-Ocean Ridge

Benthic Communities on the Mohn’s Treasure Mound: Implications for Management of Seabed Mining in the Arctic Mid-Ocean Ridge

Defining “serious harm” to the marine environment in the context of deep-seabed mining

A UN Treaty for Marine Biodiversity: Establishing Environmental Policy Integration in Global Governance

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