[By Guancha Observer Network, Shao Yun]

Following attempts to seize Greenland, negotiate mineral agreements with Ukraine, and invoke emergency wartime powers to increase production of critical minerals, the Trump administration in the United States has set its sights on deep-sea mineral deposits.

On April 12, the Financial Times cited sources reporting that Trump's team is drafting an executive order allowing the U.S. to "stockpile" large amounts of metal resources from the seabed in the Pacific Ocean, adding them to existing federal strategic reserves for crude oil and metals, in an effort to counter China's dominant position in the battery metal and rare earth supply chains. However, this move by the U.S. could lead to legal disputes.

Most of the world's seafloor contains polymetallic nodules. These nodules form over millions of years under high-pressure conditions in the deep sea and are considered one of the most widely distributed and largest reserves of metallic resources on the seafloor. The report notes that these black stones, about the size of potatoes, are rich in nickel, cobalt, copper, manganese, and trace amounts of rare earth minerals, which are essential for electric vehicle batteries and military equipment.

This handheld photo was taken on April 17, 2016, showing a dense area of manganese nodules discovered at a depth of approximately 5,500 meters in Japan's exclusive economic zone. Visual China.

There have been voices within the U.S. advocating for reducing dependence on so-called Chinese reliance in key mineral supplies. Alexander Gray, who served as Chief of Staff of the White House National Security Council during Trump's last term, told the Financial Times that given China's increasing view of the deep-sea floor as a frontline for economic and military competition with the U.S., it is necessary for the U.S. to focus on this area, which is "most vulnerable to threats from China."

However, the report points out that although prominent Republican figures such as Secretary of State Rubio and National Security Advisor Waltz have consistently and actively supported deep-sea mining, and the U.S. Defense Budget Act passed last year also requires the Pentagon to study the feasibility of using deep-sea polymetallic nodules for defense purposes, the U.S. was largely absent from international negotiations on deep-sea mining rules during Trump's tenure.

Currently, countries control their respective Exclusive Economic Zones (EEZ) up to about 200 nautical miles offshore. However, according to the United Nations Convention on the Law of the Sea (UNCLOS), which came into effect in 1994, the International Seabed Authority (ISA), under the United Nations, is authorized to decide on deep-sea mining regulations in international waters. Although the U.S. participated in the drafting of UNCLOS, it has never formally ratified the convention and is merely an observer state of ISA, thus lacking voting rights and unable to obtain exploration or exploitation contracts through this organization.

On the other hand, China is one of the largest donors to ISA. To date, ISA has issued 31 licenses for deep-sea exploration areas, with China holding five of them, making it the first country globally to have five exclusive exploration zones in the international seabed area.

This situation has made the U.S. uneasy. Earlier last year, more than 300 former U.S. officials signed a letter to the Biden administration urging accession to UNCLOS, including heavyweight figures such as former Secretary of State Hillary Clinton, former Defense Secretary Robert Gates, and former Commandant of the Marine Corps James Conway. At the end of 2023, 31 Republican congressmen urged the Pentagon to advance deep-sea mining matters on the grounds of competing for resource advantages with China.

After taking office, Trump was reported to be considering issuing an executive order in response to applications from mining companies, allowing them to bypass ISA procedures and seek permission from the Department of Commerce under the U.S. Domestic Hard Solid Mineral Resources Law to conduct deep-sea mining in international waters. According to a March 31 report in The New York Times, this move sparked collective opposition from the international community, with nearly 40 countries, including China, Russia, India, the UK, New Zealand, France, Mauritius, Fiji, and other island nations, expressing opposition.

The Wall Street Journal previously disclosed that the Canadian metal company (TMC) behind this application has lobbied in Washington for many years, spending $680,000 since 2021. TMC CEO Gerard Barron argued on April 12 to the Financial Times that ISA does not have "exclusive authorization" to regulate deep-sea mining activities in international waters.

Leticia Carvalho, Secretary-General of ISA, previously warned that "any unilateral action would constitute a blatant violation of international law, directly undermining the fundamental principles of multilateralism, peaceful use of the oceans, and global common governance." The New York Times reported that foreign diplomats also expressed support for Carvalho, stating that TMC's proposal threatens the current global mechanism for sharing seabed resources.

Some scholars argue that although the U.S. is not a party to UNCLOS, it should adhere to the general principles of international law and customary international law embodied in UNCLOS because the U.S. has the "pre-treaty obligation" not to take actions contrary to the objectives and purposes of UNCLOS, and it has enjoyed rights under UNCLOS and therefore has an obligation to comply with its provisions.

"You cannot confer rights on something over which you lack jurisdiction based on a treaty you did not participate in," said Jose Fernandez, former senior economic envoy of the Biden administration and an expert on mineral security. "Therefore, my inner lawyer tells me that companies should proceed cautiously without obtaining ISA approval," he said.

This article is an exclusive contribution from the Observer Network and cannot be reprinted without permission.

Original source: https://www.toutiao.com/article/7492469059527688758/

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