Experts blast US' unilateral deep-sea mining order

A recent executive order signed by United States President Donald Trump to unilaterally authorize commercial deep-sea mining has raised concerns among experts, who warn that the move disregards the principle that the international seabed is the common heritage of humankind and could trigger destructive competition for marine resources.

On April 24, Trump signed an executive order aimed at promoting the development of seabed mineral resources in international waters. The order called for an expedited process to review and issue licenses for seabed mineral exploration and commercial recovery in areas beyond national jurisdiction.

The order emphasized that vast offshore seabed areas contain critical minerals and energy resources vital to strengthening the US economy and reducing dependence on foreign suppliers.

Polymetallic nodules, which are abundant on the ocean floor, contain critical minerals such as lithium, cobalt and rare earth elements — key materials used in the production of batteries and electronic devices.

While countries are permitted to conduct exploration within their own exclusive economic zones, regulations for deep-sea mining in international waters have yet to be finalized by the International Seabed Authority, a United Nations body with 170 members.

The authority is working to develop a regulatory framework for deep-sea mining through multilateral negotiations.

On April 25, Chinese Foreign Ministry spokesman Guo Jiakun said the area covered by the US executive order falls beyond national jurisdiction.

"No country should circumvent the ISA and international law and privately authorize any exploitation and exploration activities in the international seabed area at the expense of the common interests of the international community," Guo said.

"It shows the US would brush aside international law and international order in pursuit of its selfish interests," he said.

According to Part XI of the United Nations Convention on the Law of the Sea, the international seabed and its resources are recognized as the common heritage of humankind. Activities in this area must serve the interests of all humanity and follow the principle of equitable sharing of financial and other economic benefits.

On April 29, The Metals Company, a Canadian mining firm, announced that its US subsidiary, TMC USA, had submitted applications for exploration licenses and a commercial recovery permit in the high seas under the US Deep Seabed Hard Mineral Resources Act of 1980.

Ding Duo, director of the Center for International and Regional Studies at the National Institute for South China Sea Studies, said that because the US is not a party to the UN convention, its actions risk undermining the multilateral system that treats the high seas as a common heritage of humankind.

Ding warned that the executive order's circumvention of international law could seriously impact the regulatory framework established by the ISA, including provisions on license issuance, benefit sharing and technology transfer.

"It might trigger vicious competition among countries and environmental degradation," he said.

"For many developing countries, especially those in the Global South, their shared interests in ocean resources will also be significantly affected," Ding added. "The principle that high seas resources belong to all of humanity is intended to ensure that developing countries benefit as well."