The International Seabed Authority (ISA) (French: Autorité internationale des fonds marins) is a Kingston, Jamaica-based intergovernmental body of 167 member states and the European Union established under the 1982 UN Convention on the Law of the Sea (UNCLOS) and its 1994 Agreement on Implementation.

The ISA’s dual mission is to authorize and control development of mineral related operations in the international seabed considered the “common heritage of all mankind” and also protect the ecosystem of the seabed, ocean floor and subsoil in “The Area” beyond national jurisdiction. The ISA is to safeguard the international deep sea, the waters below 200 meters, where photosynthesis is hampered by inadequate light. Governing approximately half of the total area of the world’s oceans, the ISA is to exercise oversight of activities that might threaten biological diversity and harm the marine environment. The Authority operates as an autonomous international organization with its own Assembly, Council and Secretariat.

Since the ISA’s inception in 1994, the Authority has approved over two dozen ocean floor mining exploration contracts in the Atlantic, Pacific and Indian Oceans, with the majority of contracts for exploration in the Clarion-Clipperton Zone between Hawaii and Mexico, where polymetallic nodules contain copper, cobalt and other minerals used to power electric batteries. To date, the Authority has not authorized any commercial mining contracts as it deliberates over regulations amid global calls for a moratorium on deep sea mining. Scientists and environmentalists warn such mining could wreak havoc on the ocean as a carbon sink home to rare and diverse species. The ISA is funded by UNCLOS members and mining contractors and led by Secretary-General Michael Lodge, a British barrister who oversees a 47-member administrative body and has come under criticism for close ties to the mining industry and support for deep sea robotic exploration to develop renewable energy.

The United Nations High Seas Treaty is a legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. It is an agreement under the UNCLOS and is also known as the Biodiversity Beyond National Jurisdiction treaty or the BBNJ treaty. The text was finalised during an intergovernmental conference at the UN on 4 March 2023 and adopted on 19 June 2023. Both states and regional economic integration organizations can become parties to the treaty.

The treaty addresses four themes:

(1) Marine genetic resources (MGRs), including the fair and equitable sharing of benefits;

(2) area-based management tools (ABMTs), including marine protected areas (MPAs);

(3) environmental impact assessments (EIAs); and (iv) Capacity building and transfer of marine technology (CB&TMT). The area-based management tools and environmental impact assessments relate mainly to conservation and sustainable use of marine biodiversity, while the marine genetic resources and capacity building and transfer of marine technology include issues of economic justice and equity.

Greenpeace called it “the biggest conservation victory ever”. The main achievement is the new possibility to create marine protected areas in international waters. By doing so the agreement now makes it possible to protect 30% of the oceans by 2030 (part of the 30 by 30 target). Though the agreement does not directly address climate change, it also serves as a step towards protecting the ecosystems that store carbon in sediments. The treaty has 75 articles and its main purpose is “to take stewardship of the world’s oceans for present and future generations, care for and protect the marine environment and ensure its responsible use, maintain the integrity of undersea ecosystems and conserve marine biological diversity’s inherent value”.

The treaty recognizes traditional knowledge. It has articles regarding the principle “polluter-pays”, and different impacts of human activities including areas beyond the national jurisdiction of the countries making those activities. The agreement was adopted by the 193 United Nations Member States. Before the treaty can enter into force, it needs to be ratified by at least 60 UN member states. This process is likely to take some time. The former treaty, UNCLOS, was adopted in 1982 and entered into force in 1994. In 2023, UNCLOS is ratified by 167 states and the European Union; however, some states, including the United States, have yet to sign and ratify it.

On 4 March 2023, history was made when the world’s governments finalized a brand new United Nations Treaty that will protect marine life in half the planet that makes up the High Seas – the immense ocean area that lies beyond countries’ national waters. On 19 June 2023, the final High Seas Treaty text was formally adopted. For the High Seas Treaty to have an impact on the water, it must be signed and ratified by at least 60 countries so it can enter into force and become binding international law. The more countries that ratify the Treaty, the more effective it will be. The High Seas Alliance calls on governments to fast-track ratification so the Treaty comes into force in 2025.

The High Seas Treaty opens for signature at the United Nations on 20 September 2023 and will remain open for two years. By signing, governments mark their commitment to ratify the Treaty. The ratification process happens nationally. Once governments have formally consented to the new international law, they need to ensure their own domestic laws are consistent with it. The 60^th country to ratify will trigger a 120-day countdown, after which the High Seas Treaty will enter into force. Governments that have ratified the Treaty will meet regularly to agree urgent measures to protect High Seas life, such as establishing marine protected areas and ensuring transparent environmental impact assessments of potentially harmful activities.

Links:
The 28th Session of the International Seabed Authority

Beyond borders: Why new ‘high seas’ treaty is critical for the world

Time is running out for our blue planet -petition | UN Ocean Treaty opens for country signatures – Greenpeace comment