ISA Hands Contract Extension to TMC Despite Support for Unlawful Deep Sea Mining, Proving Need for Immediate Moratorium

Greenpeace International strongly condemns the International Seabed Authority (ISA) Council’s decision to extend The Metals Company subsidiary Nauru Ocean Resources Inc’s (NORI) exploration contract, even though NORI has been supporting the pursuit of unlawful deep sea mining via US unilateralism.[1]

It is public that NORI will be making payments to the government of Naoero (Nauru) if The Metals Company USA engages in unilateral mining.[2] Attention in the remaining days of the ISA Council now turns to the next steps in the global inquiry into companies supporting unilateral mining.

Louisa Casson, campaigner at Greenpeace International, said:

“Granting an extension sets a dangerous precedent for both the deep sea and the rule of law. This decision risks showing that companies can use aggressive lawsuits to avoid consequences. It also calls into serious question the regulator’s ability to enforce basic compliance under its existing rules and makes the case for an immediate moratorium on deep sea mining more urgent than ever.”

Last Saturday, the International Tribunal for the Law of the Sea (ITLOS) explicitly refused to suspend the ongoing inquiry into potential non-compliance by contractors, after TMC’s subsidiaries sued the ISA. Instead, the ITLOS decision focused on ensuring the inquiry follows due process.[3][4][5]

Greenpeace International now demands that governments at the ISA Council establish a clear and robust timeline for concluding the inquiry, to enable governments to act if non-compliance is confirmed. Through these ITLOS legal proceedings, NORI and Tonga Offshore Mining Limited (TOML), another wholly owned The Metals Company subsidiary, have identified themselves as “requiring specific attention to possible non‑compliance” in the inquiry process.

Louisa Casson added:

“The political responsibility now falls squarely on governments to step up their game to set a clear direction that unlawful deep sea mining will not be tolerated, and fend off a corporate group that deploys strategic litigation to evade scrutiny. This inquiry cannot become a toothless box-checking exercise. The ISA must execute it with absolute rigour, establish a firm timeline without delay, and stand firm against corporate intimidation. Additionally, States must take immediate responsibility and act against any company or national connected to unilateral mining, to disrupt and limit unlawful deep sea mining supply chains. At the ISA, governments must enact a moratorium to protect our ocean and multilateralism from this dangerous industry."

In July 2025, governments of the ISA Council unanimously decided to investigate potential contractual breaches in light of TMC USA’s highly controversial applications to gain unilateral permission for deep sea mining from the Trump administration, including in the same areas where NORI and TOML hold ISA exploration contracts. At the March 2026 meeting, the ISA Council called for the inquiry to include publicly available information.

Multiple legal experts argue that States Parties to the UN Convention on the Law of the Sea (UNCLOS) have both an opportunity and an obligation to take action against companies and nationals under their control to prevent their participation in unilateral, unlawful deep sea mining. This is notably the case of Swiss-Dutch offshore giant Allseas, which has signed an agreement to provide TMC USA the technology and infrastructure needed to proceed with unlawful mining, as shown by a legal opinion commissioned by Greenpeace Netherlands.[6]

ENDS

Notes:

1. ISA Council decision, adopted 20 July 2026: https://isa.org.jm/wp-content/uploads/2026/07/ISBA_31_C_L.9-Draft-decision-of-the-Council-of-the-ISA-relating-to-an-application-for-extension-of-the-contract-for-exploration-for-PMN-with-Nauru-Ocean-Resources-Inc-fv-AUV.pdf

2. Following TMC USA’s first application under US national regulations, NORI revised its agreement with its sponsoring state, Naoero (formerly known as Nauru). The new clauses inserted into the contract provide for additional payments from NORI to Naoero if mining by a TMC subsidiary in the international seabed begins under unilateral authorisation from the US government. This establishes a financial mechanism explicitly predicated on the commencement of unlawful mining in the Area. Consequently, if TMC USA mines the international seabed, NORI will pay Naoero. These updated agreements indicate that NORI willingly anticipated and prepared to accommodate unlawful mining activities – an issue the ISA membership must act upon. See Sponsorship agreement, revised 29 May 2025, between The Republic of Naoero and Nauru Ocean Resources Inc, available here: https://www.sec.gov/Archives/edgar/data/1798562/000110465925056465/tm2516970d1_ex10-1.htm

3. The ITLOS Seabed Disputes Chamber did not rule on whether the ISA violated NORI’s rights, nor did it order a contract extension. It merely directed that both the compliance inquiry and decisions over extensions of ISA contracts proceed separately under standard due process rules. https://www.itlos.org/fileadmin/itlos/documents/cases/34/Provisional_Measures/Order_180726/C34_Order_18.07.2026_orig.pdf

4. A Greenpeace International compilation of the events that led to the ITLOS proceedings, as well as the network of companies connected to The Metals Company's activities, is available: “Corporate capture of the deep sea. A call for action to protect the commons against unlawful deep sea mining" (July 2026) https://www.greenpeace.org/static/planet4-international-stateless/2026/07/1ae0383d-corporate-capture-of-the-deep-sea-itlos-unclos-isa-tmc.pdf.

5. Compilation of public information evidencing breaches of contract by NORI and TOML available from Greenpeace International: “Inquiry on potential breaches by ISA contractors" (March 2026) https://isa.org.jm/wp-content/uploads/2026/03/Briefing_by_Greenpeace-2_March_2026.pdf

6. See legal opinions, for example: https://www.greenpeace.org/static/planet4-netherlands-stateless/2026/06/3d8ed6b1-greenpeace-legal_opinion_-nollkaemper_fin-260605.pdf

https://deep-sea-conservation.org/resources/new-legal-opinion-confirms-that-states-and-the-international-seabed-authority-must-act-against-unilateral-deep-sea-mining-undertaken-outside-the-isa-framework/

https://www.ejiltalk.org/untouchable-metals-how-the-obligations-of-unclos-states-parties-limit-the-commercial-viability-of-unilateral-deep-sea-mining/

https://www.ejiltalk.org/the-latest-trump-threat-to-international-law-unilaterally-mining-the-area/