Think of the International Seabed Authority (ISA) as a referee writing the final playbook for deep-sea mining. But what happens if that playbook never gets finished?

Enter the “Two-Year Rule.”

Section 1, paragraph 15(c) of the 1994 Implementing Agreement to UNCLOS, any nation that sponsors a mining company can file a note telling the ISA: “We want to start mining in two years, please finish the rules.”

Once that note is officially received, a countdown begins.

By the end of the two-year window the ISA Council must do one of two things:

  1. Adopt the full Mining Code: Environment limits, royalty formulas, inspection powers — so the application can be judged by clear standards.
  2. If the Code is still unfinished, consider the company’s Plan of Work under whatever rules already exist. Council members could approve, reject, or ask for changes, but they can’t ignore the application.

Why does this matter?

In June 2021 the tiny Pacific island of Nauru pulled the trigger on behalf of Nauru Ocean Resources Inc. That move pushed the ISA into overdrive negotiations; scientists, NGOs and coastal states suddenly had a deadline to settle plume limits and royalty percentages.

Critics call the rule a “pressure lever” that could rush fragile ecosystems.

Supporters reply it prevents endless delay by making sure the regulator eventually sets real terms.