Context-

The escalating race for critical minerals has reached a new frontier—the deep sea. As nations seek to secure these essential resources, deep-sea mining has become a point of contention, bringing together complex geopolitical and environmental concerns. Critical minerals are vital for contemporary technology and are central to both economic stability and national security. With deep-sea mining now emerging as a prominent area of competition, understanding the key players and the international legal framework governing these activities is crucial.

The Rush for Critical Minerals

The urgency of deep-sea mining is driven by two primary factors:

1.    The rapid depletion of terrestrial mineral reserves

2.    The surging demand for these resources.

Critical minerals are integral to the green energy transition and are heavily utilised in high-tech products. For example, rare earth elements are essential for technologies ranging from smartphones to advanced military aircraft like the F35, which requires 920 pounds of these minerals. This growing need for critical minerals has intensified the global race to extract resources from the ocean floor.

Geopolitical Landscape and Key Players

While the quest for deep-sea minerals is not confined to the Indo-Pacific, competition is most intense in this region due to its rich resources and strategic importance. Major players in this race include China, India, South Korea, and private entities such as Canada-based Metals Company (TMC). These nations are actively pursuing deep-sea mining rights, driven by their desire to secure access to valuable minerals.

●      China: China has been a significant actor in shaping deep-sea mining regulations through its influence on the International Seabed Authority (ISA). The country's strategic goals and growing influence in international organisations underscore its role in this complex field.

●      India: India has secured several exploration contracts from the ISA and is building its capabilities in deep-sea mining. Its efforts are part of a broader strategy to secure critical minerals for its technological and economic needs.

●      South Korea: South Korea is also heavily involved in deep-sea mining, holding multiple exploration contracts. Its participation reflects the nation's interest in accessing these crucial resources to support its technological advancements.

●      Private Entities: Companies like the Metals Company (TMC) have substantial stakes in deep-sea mining, representing non-state actors in this competitive arena.

International Legal Framework

The International Seabed Authority (ISA), established under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), is responsible for regulating mineral resource activities on the international seabed. The ISA's mandate includes organizing and controlling these activities while ensuring the protection of the marine environment.

●      ISA Structure: The ISA comprises the Assembly, Council, and Secretariat. The Legal and Technical Commission (LTC), a key advisory body, plays a crucial role in developing rules and regulations for deep-sea mining. The authority's legal framework is designed to balance resource extraction with environmental protection.

●      Recent Developments: The urgency of establishing regulations for deep-sea mining was highlighted by the triggering of the ‘two-year rule’ by Nauru in 2021. According to UNCLOS, if the ISA Council does not adopt regulations within two years of receiving a mining plan, the plan must be approved based on provisional rules or the Convention's norms.

China's Influence and Geopolitical Manoeuvring

●      China's role in the ISA has been particularly prominent. In July 2023, China blocked a motion from France, Chile, and Costa Rica to discuss a moratorium on deep-sea mining, reflecting its strategic interests in advancing mining activities. The absence of the United States from the ISA has further amplified China's influence, shaping the future of deep-sea mining regulations.

●      The geopolitical implications of China's actions are significant, as they influence the direction of international regulations governing the high seas, which cover 60 percent of the world's oceans. China's strategic goals and its growing role in international organisations, including the ISA, highlight the complex interplay between geopolitics and environmental stewardship.

Environmental and Ethical Considerations

The debate over deep-sea mining is not solely about resource extraction; it also involves profound environmental and ethical concerns. Critics argue that the potential environmental impacts of deep-sea mining are not fully understood and could be devastating to marine ecosystems.

●      Call for a Moratorium: Many countries and organisations advocate for a global moratorium on deep-sea mining. This call is supported by environmentalists, scientists, and multinational corporations. For instance, the European Union has backed a moratorium in response to Norway's decision to initiate deep-sea mining in the Arctic.

●      Scientific Concerns: The lack of comprehensive scientific data on the environmental impacts of deep-sea mining has led to calls for a precautionary approach. The discovery of “dark oxygen” on the seafloor has intensified these concerns, highlighting the need for further research before proceeding with mining activities.

●      International Support: Over 800 marine science and policy experts from 44 countries have recommended a pause on deep-sea mining until more robust scientific information is available. This precautionary stance aligns with Principle 15 of the Rio Declaration, which emphasises the need for caution in the face of potential harm from human activities.

Legal and Philosophical Foundations of the Precautionary Approach

The precautionary approach to environmental protection is a broad legal and philosophical principle suggesting a pause and reassessment when human activities pose potential harm due to insufficient scientific knowledge. This approach is becoming a part of customary international law and is recognized in various international legal frameworks.

●      Customary International Law: The International Tribunal on the Law of the Sea (ITLOS) has confirmed that the precautionary approach is a binding obligation under international law. This principle is enshrined in Principle 15 of the Rio Declaration and is reflected in the International Whaling Convention, which has guided international whaling practices for over 35 years.

●      ISA's Obligations: The ISA is expected to adhere to the precautionary approach as part of its mandate to protect the marine environment. While some argue that a moratorium may not align with UNCLOS, it is argued that such a pause would be consistent with the broader legal principles governing environmental protection.

Conclusion

As deep-sea mining edges closer to becoming a commercial reality, the global community faces a critical juncture. The interplay of geopolitical interests, environmental concerns, and international legal frameworks will shape the future of deep-sea mining. Countries like China, South Korea, and India, alongside private entities, are pushing forward with their mining endeavors, while calls for a global moratorium highlight the need for careful consideration of environmental impacts.

The decisions made today will have profound implications for both international relations and environmental sustainability. The world must navigate this complex landscape, ensuring that the pursuit of critical minerals does not come at the expense of the fragile ecosystems that sustain our planet. The balance between immediate technological and economic gains and long-term environmental stewardship will determine the future trajectory of deep-sea mining and its impact on global geopolitics.

Source- ORF