ISA has 30+ unresolved regulatory issues after a decade of negotiation

The International Seabed Authority (ISA) has been negotiating the Mining Code -- the regulatory framework required before commercial deep-sea mining can legally begin in international waters -- since 2014. As of March 2026, over 30 major regulatory issues remain unresolved, including environmental damage thresholds, liability frameworks, inspection protocols, compliance mechanisms, and benefit-sharing arrangements. The July 2025 deadline passed without agreement, and the March 2026 ISA Council session ended in stalemate again. Meanwhile, The Metals Company triggered the 'two-year rule' via Nauru in 2021, which was intended to force the ISA to either finalize regulations or consider mining applications under whatever rules exist. The structural reason negotiations have stalled is a fundamental conflict between sponsoring states (Nauru, Tonga, Cook Islands) that want mining revenue, states calling for a moratorium (Fiji, Palau, France, Germany, and 20+ others), and the ISA Secretariat which depends on contractor fees for its own operating budget, creating an institutional conflict of interest. No mechanism exists to break this deadlock, and UNCLOS does not provide for majority voting on the Mining Code -- consensus is required.