Mining Governance and the use of International Standards

Transcription

1 Mining Governance and the use of International Standards Tomoko Kakee PhD., Yokohama National University Contents: 1. Background 2. History of international arrangements 3. Shift from state-to-state system to multi-stakeholder system 4. Current trend: international minimum standards 5. EITI 6. ISO 1

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 2

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 3

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 4

5 Shift of discussion from 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 5

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 6

7 EITI(Extractive Industries Transparency Initiative) established in 2003 as a none-binding, multistakeholder initiative 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 7

8 Candidate countries Steps in the EITI 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 8

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 9

10 EITI : Evaluation so far -FDI increased -Allocation of tax clarified Strong political commitment needed otherwise; -Corruption remains -Disguised MSG 10

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 11

12 ISO standards on marine activities Reference no. ISO/TC 8/SC 1 ISO/TC 8/SC 2 ISO/TC 8/SC 3 ISO/TC 8/SC 4 ISO/TC 8/SC 6 ISO/TC 8/SC 7 ISO/TC 8/SC 8 ISO/TC 8/SC 11 ISO/TC 8/SC 12 ISO/TC 8/SC 13 Title Lifesaving and fire protection Marine environment protection Piping and machinery Outfitting and deck machinery Navigation and ship operations Inland navigation vessels Ship design Intermodal and Short Sea Shipping Ships and marine technology - Large yachts Marine technology 12

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/TC8/SC13/WG4 Second Meeting will be held ISO/PWI 22785:Surface water monitoring system during full-scale mining December operation 2017 or January 2018 in Fiji 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 13

14 Thank you! 14