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US Deep Sea Mineral Mining Efforts Put it at Odds with International Authority, Global Rivals
Steptoe & Johnson LLP | English | AcademicThink | May 9, 2025 | Geopolitical Conflict and Disputes
On April 24, 2025, President Trump signed an executive order allowing deep seabed mining for critical minerals, shifting US policy away from international law towards national and economic security interests. The order has drawn immediate international criticism, particularly from the International Seabed Authority (ISA) and allied nations, due to its implications for mining activities in international waters, a realm currently protected under the UN Convention on the Law of the Sea (UNCLOS). The ISA has expressed surprise at the US deviation from its longstanding role as a contributor to global seabed mineral regulations.
The executive order emphasizes the US goal of asserting leadership in the entire critical minerals supply chain, including exploration, extraction, and processing, with particular focus on the Clarion-Clipperton Zone (CCZ), which is rich in polymetallic nodules. The order allows for exploration licenses and commercial recovery permits outside US jurisdiction, leveraging the Deep Seabed Hard Mineral Resources Act. Additionally, it directs collaboration with other countries to develop options for exploiting mineral resources in these international waters, even as existing contracts for exploration in the CCZ predominantly involve nations like China.
The Metals Company, a Canadian enterprise holding contracts for resource exploration in the CCZ, has applied for commercial recovery permits through its US subsidiary, expecting to tap into significant mineral reserves. The situation presents a critical juncture in global deep-sea mining policy, as the ISA faces pressure to establish regulatory standards amid divergent interests and potential disputes stemming from the new US policy. The executive order’s broader impacts may spur other nations to follow suit, posing risks of environmental damage and escalating geopolitical tensions over resource rights and maritime governance.
As demand for critical minerals is projected to rise significantly, with a market expansion anticipated to reach $15 billion by 2035, the push for seabed mining raises numerous legal and environmental concerns. The ISA's Secretary General has highlighted the US's potential overreach, asserting that unilateral exploitation undermines established international frameworks. Meanwhile, geopolitical tensions could intensify, particularly with nations like China reinforcing claims to their licensed exploration areas, leading to increased maritime disputes and a fractured approach to critical mineral extraction and international governance.