2 April 2015 | CIL Seminar Series

The Move to Mine the Seabed and Issues of Responsibility and Liability

Introduction

Over the last several years, interest in deep sea mineral resources has grown as a result of an increase in demand for metal and in metal prices, a decline in the grade and tonnage of land based mineral deposits, and advances in seabed mining technology. In April 2014, an agreement was reached between a Canadian mining company, Nautilus Minerals, Inc. and Papua New Guinea (PNG) to open the first mine in the deep ocean of the PNG continental shelf. Nautilus hopes to be the first to prove the deep seabed mining concept and technology in the coming year. Recently, the New Zealand Environmental Protection Agency decided in the TransTasman Resources Ltd Marine Consent Decision to refuse to grant ‘marine consent’ to mine the seabed of the New Zealand continental shelf because it was not satisfied that the ‘life supporting capacity of the environment would be safeguarded’. Further, a number of Pacific island states, such as the Cook Islands and Tonga have passed progressive legislative frameworks for deep seabed mining and are actively seeking partners. As of July 2014, the International Seabed Authority has approved 26 contracts – including one with Keppel Corporation’s subsidiary, Ocean Mineral Singapore Pte Ltd – for the exploration of mineral resources in ‘The Area’, the ocean space beyond national jurisdiction. Given these ongoing developments, the time is ripe to consider the issue of responsibility and liability tied to the advent of deep seabed mining.

Presentation & Notes

Presentation by Prof Don Anton
Notes by Prof Don Anton

About the Speaker

Professor Don Anton is a leading international lawyer with widely recognised expertise in international environmental law. He has been teaching international law at the Australian National University since 2000, but has recently accepted an appointment to the Chair of Public International Law at Griffith University Law School, which he took up in January 2015. For the last two years, Professor Anton has been leading an international research project, funded by the Australian Department of Foreign Affairs and Trade, which is exploring assumptions surrounding the development aspects of deep seabed mining by Pacific island states. He maintains an active international law practice and has appeared twice before the International Tribunal for the Law of the Sea and is regularly an amicus in federal litigation in the United States, including before the US Supreme Court. Professor Anton has been active in leadership roles with various professional international law bodies, including the International Law Association, the Australian and New Zealand Society of International Law, and the American Society of International Law.