Fight to start underwater mining in international waters

Underwater mining, on the ocean floor or subsoil, is the next frontier in the degree program for natural resources, which has intensified in the face of growing rivalry between the major powers. There is still no international agreement to regulate this activity: although part of the international community is calling for a moratorium to continue to prevent exploitation, for fear of environmental damage, several states, which have already authorized the exploration of resources, are struggling to authorize the start of extraction. Countries are free to carry out mining activities in their territorial waters and exclusive economic zones: the big issue is the deep waters, which are nobody's jurisdiction and are part of what is considered a common good.

Deep Sea Mining is attracting the interest of companies and many states that wish to exploit the strategic minerals - most of which have yet to be discovered and mapped - that lie at the bottom of oceans that cover 70% of the planet's surface.

According to the latest explorations, three types of mineral formations can be distinguished on the seabed: manganese nodules, ferromanganese crusts and polymetallic sulfides. All three contain metals crucial to the technology industry, such as copper, cobalt and nickel, associated with the green energy transition and the construction of batteries for cars and cell phones. Global demand for some of these minerals could increase by up to 400% in the coming decades, making the exploitation of new deposits a pressing need.

The exploitation of the ocean floor divides the international community: some countries want to be the first to extract and commercialize the minerals hidden under the sea floor; others are fighting for a worldwide moratorium on mining activities until a general regulation is established and their internship does not produce harmful effects on the environment internship

Some states have begun mining activities in their waters, something that, unlike gas or oil extraction, had not occurred until now. In 2021 Japan became the first country to start effective mining in its jurisdictional waters off Okinawa. Norway was the first country in 2024 to approve commercial offshore mining, although the decision was blocked in 2025 due to the great controversy among NGOs, the academic community and the European Parliament. On the other hand, Papua New Guinea, with its 'Solwara 1' project , tried to commercially exploit a polymetallic sulfide deposit, but faced financial and civil service examination from environmental groups and did not go ahead.

Awaiting international regulation

As for mining activity in international waters, the seabed has not yet been commercially exploited, and only exploration and technological development have been carried out for its exploitation. The reason is to be found in the United Nations Convention on the Law of the Sea (UNCLOS), which establishes that the seabed and ocean floor and its subsoil are considered part of the 'Area', beyond the limits of national jurisdictionarticle 1.1.). The organization and control of this area is therefore carried out by the International Seabed Authority (known as ISA), an autonomous international organization created by the same CONVEMAR (part XI). Thus, all actions in this area are under the supervision of this body and, therefore, subject to its authorization and requirements.

Although States are free to carry out or authorize mining and hydrocarbon activities in the respective areas where they have national jurisdiction - both under territorial waters (up to 12 miles) and in the Exclusive Economic Zone (EEZ), up to 200 miles, although the latter are not sovereign and international transit must be allowed - the focus is mainly on international waters, since mineral resources are richer and more abundant in this zone.

International waters - their surface, deep waters, seabed and subsoil - are considered by UNCLOS as the common heritage of mankind, which must be effectively protected from any activity that could have harmful effects on marine ecosystems, such as mineral extraction. The ISA has not authorized any exploitation project and has only admitted 22 explorationcontracts presented by different organizations and mining companies.

In reality, extraction is not formally prohibited, and the fact that there is no international regulation is the main reason for the controversy. The ISA considers that it does not yet have the necessary knowledge to carry out this codification, as its practices and environmental impacts have yet to be investigated and determined.

Ambition for excavation

Mining companies and certain states are pushing for this regulation to be implemented and are even threatening to start mining activity if a consensus is not reached soon.

In 2021 the Micronesian state of Nauru activated the so-called "two-year rule," a clause to force the ISA to expedite the adoption of regulations for subsea mining. If these regulations were not finalized within two years, Nauru would allow mining operations to proceed under any existingprovisional rule . With the deadline expiring in 2023, the ISA committee stated that "exploitation of mineral resources in the Area for commercial purposes should not take place until such time as mining rules, regulations and procedures are in place".

Even with this extension, the organization is under pressure from the international community to finalize the essay of the "Mining Code", the normative framework to regulate prospecting, exploration and exploitation of mineral resources in the Area. The pressure has intensified with the executive order issued by the Trump Administration in April of this year. The executive order expresses the eagerness of the U.S. to start offshore mining and thus take the first place in the market for strategic mineral resources, with the goal of overtaking China. Taking advantage of Washington's position, The Metals Company, a Canadian signature dedicated to the exploration and development of underwater mining, is looking for a way to circumvent global agreements in the United States and begin the excavation of marine resources through an authorization from the U.S. government. Gerard Barron, CEO of the company, stated in a statement that it has initiated the application process for licenses and permits under the current U.S. seabed mining code.

Despite increasing demands and pressure from the different stakeholders in resource extraction, the ISA has failed to make progress with the regulation in negotiations held this summer at its headquarters in Jamaica. The code was scheduled to be finalized before the end of the year, but the clash of interests is making it difficult to complete the work.

The civil service examination subsea mining

While pressures in favor of deep sea mining are increasing, there is also a growing articulation of a civil service examination deep sea mining by governments, scientists, indigenous groups, coastal communities, companies, financial circles and civil society organizations. These sectors are concerned about the profound repercussions that would result if the ISA gives the green light to the extraction activity.

Underwater mining could have a greater impact than any other industrial activity on the planet, according to these organizations. The irreversible destruction of marine habitats, the loss of biodiversity in little explored and very sensitive ecosystems, and noise and light pollution are just some of the environmental consequences that could be triggered. Very few of the species and ecosystems in the areas where mining would take place have been thoroughly studied. Likewise, the magnitude of the consequences that mining would cause in these habitats is also unknown.

While some call for a total ban on internship, others call for a moratorium until a series of environmental conditions, sufficient guarantees of good governance and broad social acceptance are in place. In this last line, Portugal has become the first European country to approve a moratorium to fail this activity in its national jurisdiction until 2050. At the international level, efforts have also been made to stop this industry through a global moratorium. The international organizationDeep Sea Conservation Coalition stands out in this goal, encouraging, informing and pushing both states and individuals to join in the fight against underwater mining.

For now, some forty countries, including Spain, have expressed their civil service examination to underwater mining activity and support the international moratorium. However, the insistence of some major powers, such as the United States, and the rivalry between them may make deep sea mining a reality as a unilateral internship .