Kingston, Jamaica – 24 February 2026 – As the International Seabed Authority (ISA) prepares for the 31st session of its Council in March, attention is once again focused on the development of the Rules, Regulations and Procedures governing mineral-related activities in the international seabed area, commonly referred to as the Mining Code. This phase of work reflects a continued effort to build a robust, coherent and legally sound regulatory framework under the United Nations Convention on the Law of the Sea (UNCLOS). In this edition of Ask an Expert, we spoke with ISA Legal Counsel and the Director of the Office of Legal Affairs, Ms. Mariana Durney, to learn more about how the ISA’s governance structure shapes regulatory development and what lies ahead for the Council in the upcoming 31st session.
1. How would you characterize the current stage of development of the Mining Code following the 30th session?
After a first stage where the Legal and Technical Commission presented to the Council a first draft Text of Regulations in 2019, successive rounds of negotiations took place at the Council in working groups addressing specific areas. Two consolidated texts were issued from 2024, discussed during the 29th and 30th session, where complete readings of the proposed draft Regulations were made and thoroughly discussed. Now the Council have entered into a mature stage of negotiations, achieving some milestones and identifying with further precision areas where consensus is needed. The Further Revised Consolidated Text – issued and published on the website of the Authority in December 2025 – aims at incorporating proposals received from delegations, stakeholders and groups in a manner that ensures clarity and consistency between Regulations. Unlike the previous two versions (which were Texts of the President), the Further Revised Consolidated Text (ISBA/31/C/CRP.1/Rev.2) is a Text of the Secretariat, by mandate of the Council (ISBA/30/C/18). The 30th session confirmed significant progress across a range of regulatory components, while also making clear that important legal, technical and institutional questions remain under active consideration. Pursuant to Council’s decision at its 30th session (ISBA/30/C/18), the elaboration of Rules, Regulations and Procedures for Exploitation of Mineral Resources in the Area shall continue through a thematic approach organized into four principal themes: environmental matters, financial matters, regulatory, procedural and institutional matters, and governance matters. The Council requested that the Secretariat prepare a draft indicative list of key outstanding issues to facilitate focused negotiations, which was issued on 10 February 2026 (ISBA/31/C/CRP.4). The Legal and Technical Commission (LTC) continues its work on complex issues, including Standards and Guidelines, environmental thresholds, environmental impact assessments, regional environmental management plans, compliance mechanisms and benefit-sharing arrangements. At the same time, the Council provides strategic direction and political oversight. What is important to emphasize is that the process is deliberately incremental. Each step builds on previous work, informed by scientific input, legal analysis and the views of Member States. This approach is essential to ensuring that the final framework is internally consistent, legally sound and implementable in practice.
2. From a legal and institutional perspective, how do the respective roles of the Council, the LTC and the Assembly shape the pace and direction of development of the Mining Code?
UNCLOS establishes a carefully balanced governance structure for the ISA, which directly shapes the evolution of the Mining Code.
This division of roles is not a procedural obstacle. It is a safeguard. It ensures that regulatory development benefits from expert scrutiny, political legitimacy and collective oversight. As a result, progress may appear measured, but this is precisely what will give the Mining Code its credibility and durability as an international regulatory framework.
Under the Convention, the development of the Mining Code is a careful interplay of the different organs of the Authority. The first input normally comes from the Council, that requests the Legal and Technical Commission to develop the relevant Rules, Regulations and Procedures of the Authority. In the case of the Mining Code, the Council in 2011 first requested the Secretariat to prepare a workplan for the development of the Regulations on Exploitation. In the following sessions, the Council requested the Commission to work on the Mining Code.
The first substantive work on the Mining Code was therefore made by the LTC, which, following rounds of consultation with relevant stakeholders, submitted the first version of the draft Regulations on Exploitation in 2019.
This does not mean that the role of the Commission was exhausted by submitting the draft Regulations. Throughout the years, the role of the LTC has been, and will most likely continue to be in the future, crucial for the development of the Mining Code. For example, in 2024 it has recommended (always based on the request of the Council) the inclusion in the Consolidated Text of a new regulation (currently draft regulation 29ter) on a certification of origin for minerals recovered from the Area. In the future, the LTC will have a central role in the development of Standards and Guidelines to accompany the Regulations, since they are also part of the Mining Code.
Once a first draft of the Consolidated Text was submitted by the Commission for consideration of the Council, the negotiations began, which are currently ongoing. This is currently the phase where we are now.
Once the Council will adopt the Regulations on Exploitation, as required by UNCLOS, they will need to have the definitive approval of the Assembly.
3, What are the principal legal and regulatory issues that the Council is expected to engage with at its 31st session and which issues remain primarily within the technical remit of the LTC?
At the 31st session, the Council is expected to continue its consideration of overarching regulatory architecture and policy direction, including how different components of the Mining Code fit together as a coherent whole. This includes issues such as the structure of Regulations on Exploitation, institutional responsibilities and the operationalization of environmental protection obligations within the regulatory framework.
At the same time, many detailed and highly technical matters remain appropriately within the remit of the LTC. These include refining environmental standards, developing methodologies for impact assessment and monitoring, and defining technical criteria relevant to contractor obligations. The interaction between these two levels of work is essential: technical development informs political decision-making, while Council guidance helps frame and prioritize the LTC’s ongoing work.
4. There is widespread public concern that finalizing rules could accelerate deep-sea mining activities. From a legal perspective, how do Rules, Regulations and Procedures function as safeguards?
From a legal perspective, the absence of rules creates uncertainty, not restraint. It is important to remember that the precautionary approach is implemented through law. Developing clear, comprehensive and enforceable Regulations is a prerequisite for legal certainty, environmental protection and accountability. The deep sea can only be protected through a strong regulatory framework and precaution exercised through governance. The Mining Code is a tool that turns precaution into practice. It is designed to establish the conditions under which activities may be considered, assessed, and, if appropriate, authorized in the future. Completing the Mining Code prevents a race to the bottom by unilateral actors. It maintains multilateral, consensus-based standards, thereby upholding the rules-based order and avoiding activities outside the UNCLOS system.
Establishing rules strengthens the ISA’s capacity to fulfil its mandate under UNCLOS, including the obligation to ensure the effective protection of the marine environment and to manage resources in the Area as the common heritage of humankind. It also provides clarity to Member States and potential contractors regarding rights, responsibilities and limits. In this sense, regulatory development is about risk management, legal certainty and institutional preparedness. Further, only with regulatory certainty will new investment be unlocked to support scientific research and enable environmental control and protection.
Lastly, the Mining Code might assist States in adopting national legislation for seabed mining activities carried out in their domestic jurisdictions, ensuring that the highest standards are respected not only in the Area, but also in areas within national jurisdictions.
5. Looking ahead, what would success in 2026 look like from your perspective?
From my perspective, success in 2026 would mean that Member States have greater clarity and confidence in the direction of the Mining Code and in the robustness of the legal and institutional framework supporting it. Regulations set the guardrails. Standards and Guidelines provide implementation roadmaps and practical protection. Following this sequencing, in which safeguards come before any activity, which is quite unique in the history of human development, is critical in preventing unmanaged action and builds both confidence and reassurance that protection is always considered first in this process and is iterative as more is learned. Assuring a comprehensive legal framework would ensure a level global playing field, subjecting all contractors to the same environmental, compliance, and benefit-sharing obligations and provide legal certainty that strengthens environmental protection and effective governance. Clear rules allow regulators to enforce standards, monitor impacts and apply compliance measures effectively, rather than relying on ad hoc, or potentially less robust, national approaches.
Success would also be reflected in Council-led processes that are fully transparent, inclusive, accountable and firmly anchored in ISA’s mandate under UNCLOS, with the LTC and the Secretariat continuing to support Member States through careful legal analysis and sound institutional practice.
ISA Legal Counsel and the Director of the Office of Legal Affairs, Mariana Durney, joined ISA in 2022, bringing more than two decades of experience in public international law and the law of the sea. A seasoned legal adviser and diplomat, she previously served for over 20 years at Chile’s Ministry of Foreign Affairs, where she held several senior positions, including Director-General for Legal Affairs and Director for International Boundaries, becoming the first woman to hold that role. Before joining ISA, she represented Chile in bilateral and multilateral negotiations and acted as legal counsel in proceedings before the International Court of Justice. As ISA Legal Counsel, Mariana oversees legal advisory services across ISA’s work, supporting the Council, the LTC and the Secretariat in advancing the development of the Mining Code and safeguarding ISA’s mandate under UNCLOS.
Ask an Expert
Ask an Expert is a biweekly Q&A series designed to bridge the gap between the ISA’s complex regulatory work and the global public. The series draws on expertise across five offices of the International Seabed Authority to break down the concept of the common heritage of humankind into clear and accessible insights. Each edition features an expert answering five high-impact questions to transform technical policy and legal debates into real-world examples that illuminate the future of the oceans, green technology and international equity.
International Seabed Authority
The International Seabed Authority is an autonomous international organization established under the United Nations Convention on the Law of the Sea. The International Seabed Authority is responsible for regulating mineral-related activities in the international seabed area beyond national jurisdiction. It has a mandate to ensure the effective protection of the marine environment from harmful effects arising from such activities.