The UN body that regulates mining in international waters has defended its authority over ocean governance after two subsidiaries of deep-sea mining firm The Metals Company (TMC) launched legal action to halt an investigation into their conduct.
Speaking at the International Seabed Authority’s (ISA) annual meeting in Kingston on Monday, secretary-general Leticia Carvalho said the regulator’s role “matters more than ever” as governments grapple with growing pressure to exploit the deep seabed for minerals needed for the energy transition.
“The deep seabed belongs to no single country and no corporation; it belongs to all of us,” Carvalho said, describing its resources as “the common heritage of humankind”.
“If we lose sight of this,” she added, “we risk repeating on the ocean floor the same injustices and destruction we still strive to remedy on land.”
The conflict stems from TMC’s attempt to bypass the UN process by applying for US-sponsored ocean mining permits offered last year by the Trump administration. The Canadian firm aims to become the first company to mine the seabed for minerals like nickel, rare earths and manganese used in the production of both clean energy technologies and military equipment.
Several governments, including China, condemned the move as a “violation of international law”. In response, ISA member states agreed to open an inquiry into its licence-holders – among them two of TMC’s subsidiaries – to make sure they have complied with international law. If they are ultimately found to have breached those obligations, their exploration contracts could be revoked.
In June, the two TMC subsidiaries – Tonga Offshore Mining Ltd (TOML) and Nauru Ocean Resources Inc (NORI) – filed claims against the ISA at the International Tribunal for the Law of the Sea (ITLOS), asking the court to suspend the inquiry while the case proceeds. The companies argue they are being targeted “without lawful procedural basis”, “in breach of due process”, and without “good faith”.
Environmental groups have accused The Metals Company of using legal tactics to block the investigation into its subsidiaries.
“We find ourselves in this Orwellian situation where these companies are trying to effectively get an injunction against the ISA from continuing its inquiry,” said Louisa Casson, who leads Greenpeace’s global campaign against deep-sea mining.
“The stakes are so high and that’s why we’re seeing this pretty extraordinary move to try to get an injunction against the ISA,” she added.
-
Trump throws lifeline to Canadian deep-sea miner, setting scene for international clash
US president’s executive order looks like a victory for Vancouver-based The Metals Company (TMC) and other industry advocates, but fierce environmental and international opposition still stands in the way of ocean floor mining -
UK government faces legal challenge over deep sea mining permits to “opaque” firm
Greenpeace says UK may have acted unlawfully by transferring deep-sea mining licences to firm with US ties -
Loss and damage fund delays first project approvals as needs dwarf resources
The new Fund for Responding to Loss and Damage faces an overwhelming number of initial requests for its limited pot of money and board members decided to take more time to choose which to back first
Mining the deep ocean floor
The ISA has been negotiating a mining code for the deep ocean floor for over 12 years without success. Nearly 40 governments, including the UK, France and Germany, have called for a moratorium or precautionary pause on deep-sea mining until there is sufficient scientific evidence that it can proceed without causing serious harm to marine ecosystems.
Rather than wait for the UN process, industry frontrunner, The Metals Company, decided to apply for US permits offered by the Trump administration last year. In May, the US National Oceanic and Atmospheric Administration (NOAA) certified TMC’s application to explore 120,000 square kilometers of sea floor.
The firm wants to mine an area in the Pacific known as the Clarion-Clipperton Zone, which holds critical minerals inside potato-sized rocks found in the deep ocean floor known as polymetallic nodules. The minerals like manganese, nickel and rare earths are used in clean energy technologies like batteries and wind turbines.
But the area is also a little-understood ecosystem inhabited by thousands of unnamed species. The International Union for Conservation of Nature (IUCN), the world’s largest environmental network, says mining this area would threaten the existence of over half of all molluscs reliant on deep-sea vents.
Governments launch inquiry
Seeking to discourage companies from bypassing the UN process, the ISA’s member states unanimously agreed to open an inquiry into whether holders of its exploration licences complied with their contractual obligations under the UN Convention on the Law of the Sea (UNCLOS).
“The stage we’re at now is countries grappling with what they can do about this. What tools do they have to constrain this pathway that would go against international law,” Casson said.
Both NORI and TOML continue to hold ISA exploration contracts in the Clarion-Clipperton Zone. NORI’s license, however, expires later this month on July 21st and is up for review.
The inquiry is currently ongoing, but Casson said that if governments decide to cancel NORI’s license, other firms could apply for the ISA permit and compete for mining rights in the area.
“If that happens, it could really put into jeopardy TMC USA’s application (for US permits) because then suddenly that area could be open for a competing claim,” she explained. “At the moment, TMC is trying to kind of play both sides and shore up the area so that there will be no competition.”
Deep-sea mining firms push back
The cases before ITLOS are the first contentious disputes over deep-sea mining to reach the court designed for maritime disputes and the first brought directly by private contractors against the ISA. Among the companies’ legal advisers is former ISA secretary-general Michael Lodge.
Both NORI and TOML claimed that, unless the inquiry is suspended, there is a “real
and imminent risk of prejudice” that “may have significant legal and practical consequences” for
their activities.
The claim was backed by the Pacific island nation of Nauru, which has sponsored TMC’s push to mine the Clarion-Clipperton Zone and would benefit from the economic activity. The country raised “concerns on the adherence of due process with respect to the treatment of NORI”.
The mining companies allege that the ISA has singled them out among other applicants by requesting additional documentation, and that the UN auditors did not give them an opportunity to “meaningfully respond” to their concerns.
The ISA rejected those allegations as “wholly unsupported assertions”. It added that, given TMC’s application for US mining permits, it had done “what any reasonable regulator would do”: with the unanimous support of member states, it opened an inquiry simply to establish the facts.
Delay tactics
A decision from the maritime court is now expected by July 18, which has added to a “climate of significant regulatory uncertainty”, according to global law firm HSF Kramer.
As ISA countries meet in Kingston this week, the court’s president asked them “not to act in any way that could hinder any order” the court may make.
At the hearing representing the ISA, renowned human rights lawyer Philippe Sands said the deep-sea mining firms were engaging in “strategic litigation” meant to delay the inquiry and send the ISA into a years-long legal process.
“It’s a delaying tactic, and nothing would make them happier than for you to kick this into the long grass for two years while you sort out the merits. That is what they want this Tribunal, the Chamber, to do. You are being instrumentalized in this process,” Sands told the judges.
The post UN seabed regulator defends authority as mining firms seek to halt inquiry appeared first on Climate Home News.
UN seabed regulator defends authority as mining firms seek to halt inquiry
Three countries have been named by the Paris Agreement’s compliance committee for failing to submit a nationally determined contribution (NDC) and repeatedly snubbing offers of help with their climate plans.
After months of internal debate over whether to identify serial non-responders, the Paris Agreement’s Implementation and Compliance Committee (PAICC) named the three countries which have failed to engage with it over their NDCs on Friday.
It named Democratic Republic of Congo, Senegal and North Korea in a footnote of its annual report, adding that it decided to name them “with a view to facilitating engagement”, adding that representatives of the three nations had been invited to its meeting in early 2027 “with the purpose of identifying any challenges and constraints”.
“The Committee noted the importance of Parties engaging with the Committee in a timely manner, while noting that some delays may be due to the national capabilities and circumstances of the Parties”, the report said.
-
Under US pressure, World Bank says it will back gas “where appropriate”
The US wants the World Bank to expand its gas support while climate campaigners are pushing for it to end – its head spoke this week of limited backing for the fossil fuel -
IPCC scientists vow to press on with climate reports despite political deadlock
After governments again failed to agree a timeline, nearly 120 IPCC authors pledged to complete their assessment on time and with full scientific rigour -
Paris Agreement committee snubbed over missing NDC climate plans
Many governments have still not submitted a nationally determined contribution to the UN, breaching a key requirement of the Paris Agreement
In July, PAICC said 12 countries had ignored its repeated attempts to discuss why they had not published an NDC as required every five years under the 2015 Paris accord.
Members of the committee had been divided over whether to name them, but at a September meeting decided to do so in their annual report to the annual climate COP summit.
By the time the report was published on Friday, only Congo, Senegal and North Korea “had not communicated an NDC or submitted a [Biennial Transparency Report] and had not yet responded to any of the Committee’s notifications, despite several reminders issued by the Committee in this regard”.
Rainforest and renewable energy ambitions
The silence from Congo and Senegal is notable because the former is home to much of the Congo Basin rainforest while the latter has sought billions of dollars in climate finance to support its renewable energy ambitions.
After Brazil, Congo has more rainforest than any country in the world. This forest, and the country’s peatlands, absorb huge amounts of greenhouse gas but are fast being lost to expanding farmland, charcoal production, logging and mining.
Senegal signed a Just Energy Transition Partnership with Canada and wealthy European nations in 2023, to help it meet its renewable energy targets under the-then government of Macky Sall. It was chair of the Least Developed Countries group between January 2022 and December 2023.
Tejas Rao, who is researching the PAICC as part of a doctoral thesis at Cambridge University, said the governments of the three countries should engage with the committee.
“Engagement costs these governments very little and the committee has shown it will listen,” he said.
“Silence leaves the committee with no basis to help, and it leaves the [governments] exposed to the narrative that they are simply disengaged,” he told Climate Home News.
Paris Agreement requirement
The 2015 Paris Agreement requires all parties to publish an NDC every five years outlining their emissions reduction targets, with each plan meant to be more ambitious than the country’s last NDC.
The latest set – the third round of plans, with new targets for 2035 – was due in February 2025. While most countries missed this deadline, all but around 30 – mostly small emitters but including Egypt, Vietnam and Argentina – have now submitted them.
Over the year, the PAICC – which is made up of government climate officials from developed and developing countries – has been communicating with governments that have not submitted NDCs and trying to overcome barriers to them doing so.
Some nations have cited exceptional circumstances as the reason for not submitting an NDC, a process that requires a significant amount of work in tracking emissions and consulting on how to curb them across the economy. For example, a letter from a Sudanese official to the PAICC, seen by Climate Home News, said that the country’s civil war had led to the suspension of its NDC preparation.
-
IPCC scientists vow to press on with climate reports despite political deadlock
After governments again failed to agree a timeline, nearly 120 IPCC authors pledged to complete their assessment on time and with full scientific rigour -
Under US pressure, World Bank says it will back gas “where appropriate”
The US wants the World Bank to expand its gas support while climate campaigners are pushing for it to end – its head spoke this week of limited backing for the fossil fuel -
Who shapes climate science? The equity question facing the IPCC
Early completion of the next global climate science assessment reports risks excluding research from the Global South, which is key to ensuring the findings are fair
The US and Iran are not signed up to the Paris Agreement and so do not have active NDCs, nor does Taiwan, which is not a UN member state.
Rao said that because the PAICC is “facilitative and non-punitive”, naming the countries “is meant to open a door, not close one – the invited consultation is the point”.
“In recent months, governments that explained their constraints, whether capacity, finance or domestic process, have been met with follow-up and support rather than sanction, and the number of silent governments has fallen sharply,” Rao said.
The post Paris Agreement committee names three countries snubbing it over NDCs appeared first on Climate Home News.
Paris Agreement committee names three countries snubbing it over NDCs