Since 2020, RESOLVE and Pew have hosted a series of webinars on the draft regulations for seabed mining. In an effort to ensure wide participation of stakeholders in different time zones, the timing for webinars are staggered, and sessions will be recorded.
The first webinar in the series focused on a new report, “Assuring Environmental Compliance in Deep-Sea Mining: Lessons from Industry and Regulators,” which studies different compliance regimes and sets forth recommendations for the International Seabed Authority and its stakeholders. Dr. Kevin Murphy, an environmental consultant with decades of experience advising mining and other extractive industry stakeholders, authored the report with support from The Pew Charitable Trusts. The webinar provided an opportunity to hear an overview of the report and recommendations from Dr. Murphy, as well as questions with some of the panel of experts that shaped it.
In the second webinar in the series, a panel of scientific experts discussed seabed mining’s impacts in the water column. Jeff Drazen, University of Hawai’i at Manoa provided an overview of these impacts, as detailed in a recent article: “Midwater ecosystems must be considered when evaluating environmental risks of deep-sea mining.” In addition, Jesse van der Grient, University of Hawai’i at Manoa, and Steven Haddock, Monterey Bay Aquarium Research Institute and University of California, Santa Cruz, presented on the possible effects of DSM on fisheries and in the bathypelagic. The webinar also provided an opportunity to hear how this kind of new information could inform decision-makers when considering proposed seabed mining activities, including reflections from Dr. Tomohiko Fukushima, Deep Ocean Resources Development, and Michelle Walker, Deputy Solicitor General, International Affairs Division, Attorney General's Chambers of Jamaica and chair of the ISA’s Legal and Technical Commission.
The third webinar in this series provided an opportunity to consider models of environmental decision-making models in other sectors and jurisdictions. What are the key factors underpinning environmental decision-making that may be relevant to the governance of deep seabed mining? During the webinar, Angelique Pouponneau, Seychelles’ Conservation and Climate Adaptation Trust, will present elements and rationale of stakeholder engagement in environmental decision-making. Dr. Mark Squillace, University of Colorado School of Law, will share a comparison between the ISA and the US mining regime, drawing from a recent paper on the subject. Dr. Neil Craik, University of Waterloo and Senior Fellow at the Centre for International Governance Innovation, focused on environmental impact assessments (EIAs) and compare global models with the ISA’s EIA regime.
The fourth webinar in the series was a special session co-hosted with the Permanent Mission of the Federated States of Micronesia, focusing on the importance of cultural knowledge and diverse perspectives in managing our relationship with the deep ocean. The webinar featured a conversation between Dr. Diva Amon and Ms. Nicole Yamase regarding their experiences as ocean scientists from Small Island Developing States, including Ms. Yamase’s achievement as the first Pacific Islander to visit the Challenger Deep trench. Mr. Clement Yow Mulalap shared perspectives from the Federated States of Micronesia on cultural considerations important to ensuring the effective management of the deep ocean.
The fifth webinar in the series took place on Wednesday, 10 November. The webinar provided an opportunity to hear experts’ perspectives on national and international systems for incorporating stakeholder input into environmental decision-making and learn how these might be applied to governance of the deep seabed in areas beyond national jurisdiction. During the webinar, Ms. Alex Herman, Seabed Minerals Commissioner at Cook Islands Seabed Minerals Authority, will shared a national perspective on stakeholder participation through her experiences with seabed management in the Cook Islands. Ms. Elisa Morgera, Director, One Ocean Hub, presented an international perspective on stakeholder participation in international human rights and environmental law. Ms. Pelanatita Kara from the Civil Society Forum of Tonga shared a community perspective on encouraging local participation in environmental decision-making and Dr. Aline Jaeckel, Senior Lecturer, University of New South Wales, will provide her thoughts on the current landscape and next steps on stakeholder participation at the ISA.
During the sixth webinar in the series, international legal experts presented an Opinion regarding the legality of a moratorium or precautionary pause on deep-sea mining in areas beyond national jurisdiction. This Opinion, written by four eminent international law experts, including King’s Counsel Prof. Zachary Douglas, former Attorney-General Taulapapa Brenda Heather-Latu and Matrix Chambers’ barristers Toby Fisher and Jessica Jones, includes an elaboration on whether a moratorium is consistent with States' obligations under UNCLOS.
The seventh webinar in this series will focus on benefit sharing and the common heritage of humankind, and explore what constitutes equitable distribution. During the webinar, Dr. Dale Squires, professor in economics at the University of California, San Diego, and one of the authors of a recent Technical Study, will present a brief overview of that report and provide the conceptual basis for equitable benefit sharing from a multidisciplinary lens. Dr. Daniel Wilde, Economic Adviser at the Commonwealth Secretariat, and Hannah Lily, an independent legal consultant specializing in deep sea mining issues, will present issues raised in a recent paper they co-authored on benefit-sharing.
Paul De Morgan
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