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Editor's Note:

"Surging demand for metals used in electric vehicle batteries has kicked off an international race to mine the deep seas. And there are no rules," read a recent New York Times article. Nauru Ocean Resources Inc (NORI), a subsidiary of The Metals Company (TMC), a Canadian firm, applied for a mining permit through Nauru, prompting the International Seabed Authority (ISA) to initiate the development of rules and regulations within a two-year timeframe as per the United Nations Convention on the Law of the Sea.

While countries discuss the rules, opposition to deep-sea mining is growing. However, the ISA Council meeting in July 2023 did not approve deep-sea mining, and the agenda for the establishment of deep-sea mining regulations has been tabled until 2024. In this unknown realm of the seabed, how should the benefits and risks of deep-sea mining be balanced? How can the conflicting interests of a demand for energy transition and environmental protection be resolved? Experts told the Global Times that discussing deep-sea mining requires the balancing of various interests such as resource development, environmental protection, and sustainable development. In this process, global collaboration is crucial to ensure the best practices in environmental protection, sustainability, and social responsibility in mining activities.

A new option

With the increasing development of global technology, the demand for metals such as copper, nickel, aluminum, manganese, zinc, lithium, and cobalt is skyrocketing due to technologies like wind turbines, solar panels, electric vehicle batteries, and smartphones. According to the World Bank, the production of minerals, such as graphite, lithium, and cobalt, could increase fivefold by 2050 to meet a growing demand for clean energy technologies.

While some reports suggest that there are currently sufficient metal deposits on land from a technical standpoint, mining companies believe that these resources may not be economically viable to extract without causing environmental damage.

Moreover, some key minerals are highly dependent on a single country. Taking nickel as an example, almost half of the total global nickel production is from Indonesia, and this proportion is continuously increasing. Following this trend, nickel may replace palm oil as the main cause of deforestation in the country. Similarly, the Democratic Republic of Congo (DRC) produces 60 percent of the world's cobalt. A report released in 2022 by Fitch Solutions, a subsidiary of Fitch Ratings, stated that the increasing political instability risk in the DRC could add pressure to the global battery supply chain.

In the above situation, analysis suggests that deep-sea mineral resources provide a new option to meet human mineral demands, and many countries have started to pay attention to deep-sea mining.

Deep-sea mining typically refers to the extraction of three types of mineral resources in the deep sea: Polymetallic (manganese) nodules, cobalt-rich ferromanganese crusts, and massive sulphides.

"Deep-sea mining would extract cobalt, copper, nickel, and manganese - key battery materials - from potato-sized rocks called "polymetallic nodules" on the ocean's floor at depths of 4 to 6 km (2.5 to 4 miles). They are abundant in the Clarion-Clipperton Zone (CCZ) in the North Pacific Ocean between Hawaii and Mexico," read a Reuters report.

Analysts said that unlike land mining, which usually causes severe damage and widespread pollution locally, deep-sea mining only involves extracting polymetallic nodules that are not connected to the seabed. Some mining companies also claim that deep-sea mining projects cause less damage to nature compared to land mining in areas such as rainforests, and it is also more cost-effective.

Waiting for approval

However, due to deep-sea mining being a nascent industry for countries around the world, and with only a small portion of the deep-sea floor having been explored so far, people have limited understanding of it.

Therefore, while deep-sea mining brings possibilities, it is also a source of concern in terms of commercialization, marine ecology protection, and legal regulation. Some analysts believe that deep-sea mining technology is still in its relatively early stages, and there is uncertainty in commercializing new technologies. Until deep-sea mining technology is confirmed as being effective, newly discovered mineral deposits cannot be listed as "reserves" in the valuation of company assets. Without a clear value, it is difficult to raise the substantial funds needed to build mining infrastructure.

Moreover, just like the unexplored mineral resources under the sea, there are also many undiscovered marine organisms there, and the impact of deep-sea mining on these organisms is unknown. Therefore, now more and more people are starting to pay attention to the impact of deep-sea mining on the deep-sea ecological environment.

Reuters reported that a new study found that the cost of repairing the damage caused by deep-sea mining would be twice the cost of extraction.

Zhu Jianzhen, director of the School of Management of Guangdong Ocean University, told the Global Times that the formulation of deep-sea mining rules involves multiple international institutions and legal frameworks, with the key ones being the United Nations Convention on the Law of the Sea (UNCLOS) and the International Seabed Authority (ISA).

UNCLOS is the main legal framework for international maritime law, which sets out the basic principles and rules for ocean activities. The ISA is a subsidiary body of the United Nations responsible for the management of international seabed areas and their resources. The ISA consists of 168 member states and the European Union, and these members elect 36 members of the Council, which has the authority to formulate specific policies within its jurisdiction based on the general policies of the Authority, Zhu said.

In 2021, the government of Nauru wrote a letter to the ISA stating its plans to fund Canada's TMC company's deep-sea mining activities and hoped that the ISA would finalize regulations on deep-sea mining within two years. However, in July this year more than 20 countries had reportedly called for a suspension or ban on deep-sea mining during the ISA meeting, and as a result, the conference did not give the green light to deep-sea mining.

However, the member states reached an agreement at the last moment of the meeting to continue discussing regulations on deep-sea mineral exploitation and to advance this agenda by July 2024.

Zhu explained that the rules of the ISA only apply in the international seabed and contract areas (the international seabed area is defined by UNCLOS as an area that does not belong to any country's territory or exclusive economic zone; contract areas are designated areas within the international seabed area in which the ISA has signed contracts with developing countries or organizations to authorize activities in those areas). These rules do not apply to deep-sea mineral resource exploitation in national territorial waters, exclusive economic zones, and continental shelves, which are subject to the sovereignty jurisdiction of individual countries and their domestic laws. At the international level, rules for deep-sea mining must be established through international cooperation and negotiations to ensure widespread recognition and compliance on a global scale, Zhu noted.

Open playing field

Currently, countries such as France, New Zealand, Germany, Chile, Vanuatu, and Palau are skeptical about deep-sea mining and advocate for precautionary suspension measures until a set of environmental protection rules and compliant inspection systems is agreed upon. Additionally, some well-known multinational companies have joined the debate. Google, BMW, Volvo, and Samsung have pledged not to use metals from polymetallic nodules until further understanding of the impact of mining on the deep sea is obtained.

While on the other side, countries such as Nauru, Norway, Russia, Mexico, and the UK support the advancement of this industry. Norway, in particular, announced plans in June of this year to approve companies for mining in its own waters.

Zhu told the Global Times that that deep-sea mining has garnered attention and investment from multiple countries. Among them, China, the US, Russia, Canada, and Japan possess comparative advantages in terms of resources. China boasts abundant deep-sea mineral resources and has already conducted mineral exploration in the international waters of the Western Pacific and the Indian Ocean. The US, with its extensive coastline, including areas like Hawaii and Guam, is believed to possess a substantial amount of deep-sea mineral resources. Canada and Russia primarily possess deep-sea mineral resources located in the Arctic seabed. Japan, situated near the Pacific Ring of Fire, possesses abundant deep-sea mineral resources. Its deep-sea areas, particularly the Western Pacific, are considered one of the world's richest locations for polymetallic nodules.

Currently, countries such as China, the US, and Canada have implemented relevant strategies at the national level, with the management of deep-sea mining or deep-sea areas being an important component. These countries have also enacted laws and regulations on marine resources to regulate activities related to the development of deep-sea bed resources.

Lin Boqiang, director of the China Center for Energy Economics Research at Xiamen University, told the Global Times that China's seabed exploration and mining technology has reached a world-class level. By implementing deep sea technology innovation plans and promoting the involvement of state-owned enterprises, China has successfully achieved significant technological advancements and independent innovation in various areas, including full-ocean-depth manned submersibles, full-ocean-depth unmanned submersibles, and high-power artificial source electromagnetic detection technology.

Analysts pointed out that the current exploration and excavation of seabed minerals on a global scale is in an open playing field.

Lin believes that disputes over mining in these countries' own territorial waters are relatively small among countries, but deep-sea mining in international waters will inevitably involve geopolitical issues, in which the ISA does not have strong binding power. For example, although the ISA has not yet issued any deep-sea mining licenses, it has signed over 30 deep-sea resource exploration contracts with more than 10 countries.

Zhu noted that the National Oceanic and Atmospheric Administration (NOAA) is a crucial agency of the US government. According to its official website, the agency has been conducting ocean exploration activities for over 20 years and has mastered several "game-changing technologies" such as underwater mapping, underwater robotics, and remote sensing.

Despite the ongoing disputes, it does not mean that deep-sea mining cannot proceed. When the prices of onshore minerals reach a certain level, countries will engage in large-scale development, and relevant environmental protection measures will gradually become clearer, experts noted.

In light of the numerous controversies and challenges surrounding deep-sea mining, Zhu believed that a balanced approach is necessary to address the diverse interests of resource development, environmental protection, and sustainable development. By fostering global collaboration, mining activities can be guaranteed to adhere to the best practices in environmental protection, sustainability, and social responsibility. Only by striking a balance between resource demands and ecological conservation can we achieve long-term and sustainable development of underwater resources.