International Seabed Authority

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Pre-Exploitation Litigation: Cases No. 34 and 35 and the Timing of Deep-Sea Mining Governance

June 12, 2026

On 5 June 2026, the International Tribunal for the Law of the Sea (ITLOS) announced two new proceedings before its Seabed Disputes Chamber (SDC). Nauru Ocean Resources Inc. (NORI) and Tonga Offshore Mining Ltd. (TOML) each instituted proceedings against the International Seabed Authority (ISA) and requested provisional measures. The cases have been entered as Case No. 34 and Case No. 35, respectively. Both applicants contend that ISA identified them as contractors requiring “specific attention” for possible non-compliance without a lawful procedural basis, and in breach of due process, transparency, fairness, and ISA’s obligation under the relevant exploration contracts to exercise its powers and functions in good faith.

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Case Concerning an Inquiry by the International Seabed Authority: Less a Defence of Due Process than an Attempt to Short-circuit It?

June 11, 2026

On 30 May 2026, two deep seabed mining exploration contractors—NORI and TOML (“the contractors”), both subsidiaries of Canada-based The Metals Company (TMC)—lodged an application and a request for provisional measures with the Seabed Disputes Chamber (SDC). The claims allege that the International Seabed Authority (ISA) violated international obligations relating to due process, transparency, and non-discrimination in the conduct…

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The ‘Economic Unity’ Theory and the Discretionary Power of the International Seabed Authority to Deny Contract Extensions

February 12, 2026

Normative and institutional context  On 20 January 2026, the Secretary-General of the International Seabed Authority (the ‘Authority’) – the international organization established under the United Nations Convention on the Law of the Sea (the ‘Convention’) to organize and control mineral-related activities in the deep seabed beyond national jurisdiction (Article 157, UNCLOS) – notified Member States of…

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