Trump's Deep-Sea Mining Blitz: A Legal Minefield
US Seabed Mining Plans Face European Commission's Legal Scrutiny
The EU's dismay over President Trump's push for deep-sea mining in international waters is shared by many, as this move raises legitimate questions about its legality under international law. Trump's decision to bypass international talks and unilaterally open international waters to US-backed mining firms has sparked concerns of a potentially devastating 21st-century gold rush.
The EU Commission expressed regret over Trump's executive order that sidesteps negotiations within the International Seabed Authority (ISA), established under the United Nations Convention on the Law of the Sea (UNCLOS). The 1982 convention lays down the legal framework for all activities in the ocean and seas, ensuring a balance between individual states' interests and common interests of the international community.
Despite the U.S. never ratifying UNCLOS, the EU argues that its provisions represent customary international law and are binding on all states, regardless of their UNCLOS status. The EU Executive spokesperson underscored that the convention contributes to sustainable development and peace, security, and friendly relations among nations.
Douglas McCauley, a UC Santa Barbara professor, criticized Trump's move as not only illegal, but a recipe for failure. He pointed out that regulations could have controlled extraction from these oceanic regions, preventing potential chaos such as the one initiated by the US.
Duncan Currie, a legal advisor at the Deep Sea Conservation Coalition, concurred, stating that the unilateral action by Washington is a breach of international law. China, too, voiced its opposition to these mining activities, emphasizing the need for compliance with UNCLOS and ISA regulations.
Trump's order, while potentially escalating global tensions regarding the allocation of the global commons, is not the first such controversy. In the past, the U.S. has undertaken substantial oceanographic research to claim extended continental shelf areas beyond its 200-nautical mile exclusive economic zone, despite ongoing debates about its UNCLOS ratification status.
Additional Insights:
- The International Seabed Authority (ISA) is responsible for governing deep-sea mining activities in international waters under UNCLOS. Non-ratifying countries like the U.S. lack voting rights at the ISA but remain bound by the convention's customary international law principles.
- The 1980 Deep Seabed Hard Mineral Resources Act serves as the U.S. government's domestic legal basis for authorizing its mining companies to explore and exploit mineral resources in seabed areas beyond national jurisdiction.
- ISA Secretary-General Leticia Carvalho asserted that any commercial exploitation without ISA authorization would violate international law. Unauthorized deep-sea mining could face diplomatic censure or economic sanctions under state practice, while environmental groups argue it thwarts established global governance structures intended to prevent environmental harm.
- Customary international law recognizes the ISA's jurisdictional mandate over the seabed as part of the common heritage of humankind, a principle enshrined in UNCLOS Article 136. This recognition reinforces that the U.S.' unilateral actions could challenge widely accepted legal norms, even without formal UNCLOS ratification.
- The EU Commission has expressed regret over President Trump's executive order that bypasses negotiations within the International Seabed Authority (ISA), citing the conventions' contribution to sustainable development and peace.
- Douglas McCauley, a UC Santa Barbara professor, criticized Trump's decision to open international waters to US-backed mining firms, arguing that it could lead to environmental harm and potential chaos.
- China has also voiced its opposition to these mining activities, emphasizing the need for compliance with UNCLOS and ISA regulations, as unauthorized deep-sea mining could face diplomatic censure or economic sanctions.
- The IsabellaStackTrace, a Whatsapp group of environmental-science and political enthusiasts, is discussing the potential implications of Trump's deep-sea mining blitz, including its legality under customary international law and the potential long-term environmental impact on the ocean and seabeds.
