HIDAYATI, TARISSA ZAHRA and Samekto, F.X. Adji and Trihastuti, Nanik (2024) THE INTERNATIONAL SEABED AUTHORITY’S EFFORT TO BALANCE ENVIRONMENTAL PROTECTION AND COMMERCIAL INTERESTS IN DEEP-SEA MINING:THE NAURU PRECEDENT. _HI 2024. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

In 2021, Nauru invoked the two-year rule to the ISA, in which the Council must finalize the adoption of RRPs necessary for conducting exploitation activities in the Area, particularly in the CCZ. This rule is outlined in Section 1, Paragraph 15 of the Annex to the Agreement on the Implementation of Part XI of the UNCLOS. The ISA's failure to meet this deadline in 2023 raises concerns about the urgency of
establishing a regulatory framework and its potential implications for international ocean governance. This research aims to find strategies for the ISA to reconcile the competing demands of deep-sea mining and environmental protection, and to analyze the potential implications should Nauru submit a plan of work to the ISA
prior to the establishment of RRPs. This research employs a juridical-normative approach, and concentrated on using secondary data. Findings indicate the ISA has established APEIs within the CCZ, which aim to protect key biodiversity and habitat areas from mining activities. The APEIs itself also contribute to the development of the RRPs. If Nauru apply a plan of work, it would presents a significant challenge to the fundamental principles of environmental law. A
successful challenge to Nauru's plan of work would strengthen the ISA's authority and reaffirm the principle of the common heritage of mankind. But if approved, it could weaken the ISA's position and erode this principle. To address this, the research proposes short-term interim guidelines and long-term strategies focusing on scientific research, stakeholder engagement, and stringent environmental impact assessments.
Keywords: Nauru, ISA, deep-sea mining

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