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Mining Governance and the use of International Standards

Mining Governance and the use of International Standards. Tomoko Kakee PhD., Yokohama National University. Contents: Background History of international arrangements Shift from state-to-state system to multi-stakeholder system Current trend: international minimum standards EITI ISO.

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Mining Governance and the use of International Standards

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  1. Mining Governance and the use of International Standards Tomoko Kakee PhD., Yokohama National University Contents: Background History of international arrangements Shift from state-to-state system to multi-stakeholder system Current trend: international minimum standards EITI ISO

  2. 1. Background: current situation ●High feasibility of deep sea mining in EEZ shortly（eg. PNG） ● ISA– drafting “Regulatory framework for mineral Exploitation in the Area” ● BBNJ (Biodiversity beyond National Jurisdiction)- legally binding instruments in high sea including the Area

  3. Case in Japan • Mining Act (since 1905) revised in 2011 to cover deep-sea mineral resources -Mine Safety Act (since 1949) -Ordinance for enforcement of Mining Act (since 1951) • Environment Impact Assessment Law (1997) mining not covered by the law ….legal system for deep-sea mining under consideration

  4. 2. History of International Agreements on mining: (1960s to early 1990s) • Discussion at the United Nations • Permanent sovereignty over Natural Resources • Common Heritage of Mankind <characteristics> -UN GA resolution and treaty (not successful?) -state-to-state system (mainly the South v. the North) …strong objection from developed countries

  5. Shift of discussionfrom state-to-state system towards multi-stakeholder system(Since late 1990s) • Recognition of the important role of Multi-National Corporations in global governance • More political influence of NGO(civil society) in the push for unti-corruptions • More emphasis on international cooperation towards “Good governance” rather than conflict between the South and the North

  6. 4. Current trend: International voluntary Standard … More needs for Practical guidelines for countries to regulate and implement international and domestic rules • to utilize benefit from mining for better economic development …EITI • to minimize/prevent(+compensate) harms …ISO standards

  7. EITI(Extractive Industries Transparency Initiative) • established in 2003 as anone-binding, multi-stakeholderinitiative of governments, corporations and civil society • as a tool to aims to increase transparency in financial transactions between governments and extractive industry corporations • Papua New Guinea & Solomon Islands are the members from Pacific Islands states

  8. Steps in the EITI • Candidate countries • Implementing countries….Different requirement <Requirement for candidate countries> -Issuance of an public statement of its intention to implement the EITI by the head of government. -appointment of a senior individual to lead the implementation of the EITI -establishment of a multi-stakeholder group (MSG) to oversee the implementation of the EITI - MSG is required to maintain a current work plan, fully costed and aligned with the reporting and Validation deadlines established by the EITI Board

  9. EITI standards for implementing countries • - Legal and institutional framework, including allocation of contracts and licenses • disclosures of information related to exploration and production • Revenue collection & Revenue allocations • Social and economic spending

  10. EITI : Evaluation so far 4

  11. ISO (International Standard Organization) ・An independent, non-governmental international organization with a membership of 164 national standards bodies ・Voluntary Consensus Drafted by private sectors, including various stake holders ・The national representative of ISO has the rights to: -Participate in developing ISO standards -Participate in developing ISO policy & governing ISO -Sell ISO standards and publications, and use copy right and the ISO name and logo Our project:・ISO standard can be a good technical basis complemental to legal instruments such as ISA regulations, BBNJ and domestic legislations

  12. ISO standards on marine activities

  13. Work in progress at ISO/TC8/SC13/WG4 ISO/PWI 22781:General technical requirement on MEIA ISO/PWI 22782: Long-term in-situ imaged-based surveys in deep sea environments ISO/PWI 22784:General Protocol for Observation of meiofaunal community analysis ISO/PWI 22785:Surface water monitoring system during full-scale mining operation ISO/PWI 22786:Specification for marine sediments in seabed area-Sediment interstitial survey ISO/PWI 22787: Specification for biological survey in seabed area ISO/PWI 22788:Technical guidance of marine ecosystem service assessment ISO/TC8/SC13/WG4 Second Meeting will be held in December 2017 or January 2018 in Fiji

  14. Thank you! kakee-tomoko-xc@ynu.ac.jp

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