Page 11 - The Indian EYE 091925

OPINION SEPTEMBER 19, 2025 | The Indian Eye 11

Trump’s EO has called for a report to remain a controversial subject.
on the “feasibility of an international Member states of the ISA are seek-
benefit-sharing mechanism for sea- ing a common consensus to regulate
bed mineral resource extraction and deep-seabed exploitation and are
development that occurs in the areas drafting mechanisms for equitable
beyond the national jurisdiction of benefit sharing. States that foresee
any country”. How this matches US exploitation of deep-seabed mining
interests, and what practical measures in the future are in early stages of
the US takes in this regard, is difficult developing infrastructural and tech-
to assess. nological capabilities and are under-
It is, however, worth mentioning
that the debates within the US on sea- taking exploration activities. At the
same time, others strongly oppose the
bed mining and on the clause of ‘ben- concept as a whole. Trump’s EO, on
efit sharing’ as established by Part XI one hand, creates easy pathways for
of UNCLOS and the 1994 Agreement US seabed mining companies, which
date back to several decades. For in- for a long time have been struggling
stance, President Ronald Reagan, in Deep-seabed mining continues to remain a controversial subject (File photo) to become pioneers in deep seabed
his radio address titled ‘Ocean Min- mining, while on the other, challeng-
ing’, in 1978, asserted: “No nat(ional) es UNCLOS and ISA, and brings into
interest of ours could justify handing condemned Trump’s EO by highlight- lies) would compromise their national question the hard-earned consensus
sovereign control of two-thirds of ing that it “violates international law interests or would be able to reach a on various aspects that would formu-
the Earth’s surface over to the Third and harms the overall interests of the consensus with the US company, act- late the basis of the Mining Code in
World”. He added: international community”. ing in accordance with US domestic future.
“No one has ruled out the idea of Fourth, global aspirations to har- legislation in the ‘Area’.
Trump’s EO, which claims to
a (Law of the Sea) treaty — one which ness the existing potential of deep-sea- Finally, the formal exit of the US counter China’s aggressive approach
makes sense — but after long years of bed resources are already high, and from the Paris Agreement has limited in seabed mining, instead highlights
fruitless negotiating, it became appar- these are bound to increase in the fu- global progress made over commit- the US’s own attempts to establish
ent that the underdeveloped nations ture. Through its member states, the ments towards the UN Sustainable the dominance of US seabed mining
who now control the General Assem- ISA is working extensively to reach Development Goals (SDGs). Any companies in its own and areas be-
bly were looking for a free ride at our a consensus on finalising the ‘Mining unilateral action towards deep-seabed yond its national jurisdiction, without
expense, again.” Code’ that would lay the ground rules resources exploitation, without giving fully realising the potential environ-
After coming to power, Reagan for exploiting deep-seabed resourc- due consideration to SDGs, brings into
made every attempt to dilute these es. Discussion over mechanisms for question the US and its global commit- mental and ecological implications on
the ocean ecosystem. Implementing
provisions of deep-seabed mining and equitable sharing of profits among ments towards United Nations Sus- this order within the US maritime
retained the US position of not sign- ISA member states from these future tainable Development Goal No. 14. jurisdiction could benefit US seabed
ing the treaty. Historical inferences, activities is also under consideration. From environmental and ocean mining companies. However, grant-
therefore, point to the fact that Pres- The ISA Secretary-General, in her ecological perspectives, the prospects ing of licenses for undertaking deep
ident Trump’s EO, while remaining formal response to Trump’s EO, has of deep-seabed mining are yet to be seabed exploration or commercial re-
aligned with its past policy approach highlighted that fully realised, and there remain sig- covery permits in the ABNJ by US au-
and existing domestic legislation, “As one might imagine, the lev- nificant research gaps in this domain. thorities would challenge and dilute
re-attempts to dilute/bypass/challenge el of legal complexity of such work The US’s approach of providing fast- the established global legitimacy of
established provisions of UNCLOS to cannot be denied. Any negotiations track access to its own private compa- UNCLOS (especially for those states
cater to the US’s national interests. where 169 countries are involved, and nies to exploit deep-seabed minerals that remain signatory to it), the 1994
Thirdly, China currently holds where foundational concepts such as poses serious risks to the global ocean
five exploration licenses (two in the ‘common heritage’ and global ‘benefit ecosystem. While the EO highlights agreement and that of ISA as a whole.
Such an order risks challenging the
Northwest Pacific Ocean, two in the sharing’ are being implemented, with that the US wants to proceed with credibility and faith in established
Clarion-Clipperton Zone, and one many interests at stake, but overall, deep-seabed mining without compro- international multilateral institutions
in the Indian Ocean Region) granted dealing with a common good which mising on environmental aspects, how and would set a dangerous precedent
to it by the ISA. China also remains belongs to all, will never be easy; and this would pan out remains debatable. for future global ocean governance.
at the forefront of the race for criti- this is precisely why the advancement In June 2023, the biodiversi-
cal minerals and their global supply of the exploitation regulations and ty in ABNJ (BBNJ agreement) or Bipandeep Sharma is a Research Ana-
chains and is even further ahead in the Mining Code are taking time for the ‘High Sea Treaty’ was concluded lyst at the Non-Traditional Security Cen-
mapping and exploring these in deep- countries to develop, and agree.” and is currently open for signatures tre at the Manohar Parrikar Institute for
sea space. Western scholars argue that Trump’s EO amidst ongoing and ratification. Around 139 nations Defence Studies & Analyses (MP-IDSA),
China even makes significant ‘finan- ISA negotiations could raise new have signed the BBNJ agreement, New Delhi. He works on Polar Regions
cial contributions’ to the ISA, which challenges. In a scenario, if the US and 52 countries have ratified it. This where his core areas of expertise is on
helps China influence the ISA’s deci- NOAA, acting in accordance with its treaty can only come into force 120 Polar Geopolitics
sion-making. DSHMRA, issues exploration or ex- days after the formal ratification by Views expressed are of the author and
China, for its part, claims that all ploitation rights to any US company 60 states. Like UNCLOS, the US is
do not necessarily reflect the views of
its exploration activities in the deep in the ‘Area’, and if such designated a signatory to the BBNJ, but has yet the Manohar Parrikar IDSA or of the
seabed spaces remain within the area overlaps with the exploration or to ratify the ‘High Seas Treaty’. Im- Government of India.
purview of established international exploitation area of another state, as plementation of key aspects of BBNJ
law and fully adhere to the ISA reg- approved by the ISA or vice versa, it in areas of deep seabed exploitation The full version of this article first
ulations. Chinese scholars argue that could potentially trigger geopoliti- authorised via domestic legislations, appeared in the Comments section of
China advocates multilateral frame- cal reactions and responses. Under such as DSHMRA (if in future), the website (www.idsa.in) of Manohar
works anchored in UNCLOS and such circumstances, it remains a could create geopolitical complexities Parrikar Institute for Defense Studies
managed by the ISA for deep-seabed moot question if ISA member states for states and international bodies. and Analyses, New Delhi,
mining. China’s foreign ministry has (some of whom are also close US al- Deep-seabed mining continues on September 9, 2025

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