Throughout July, the International Seabed Authority (ISA) convened international delegations to advance discussions on regulating seabed mining for critical minerals—vital to clean energy, defence systems, consumer electronics, and a wide array of future technologies. Seabed mining companies are targeting polymetallic nodules containing manganese, copper, nickel, and cobalt; polymetallic sulphides; and cobalt-rich ferromanganese crusts. Thus far, only deep-sea exploration missions have been approved to understand where critical minerals abound, as well as to study the potential impact of such mining on marine ecosystems. Despite exploratory studies, the effects of commercial mining on the seabed remain largely unknown. Stakeholders remain divided—some advocate for advancing commercial mining, while others insist on halting it before potential ecosystem damage occurs.
That is where ISA comes in. Established in 1994, and headquartered in Kingston, Jamaica, the ISA operates under the UN Convention on the Law of the Sea (UNCLOS). The ISA has been tasked with regulating international seabed mining but has yet to offer clear guidelines and policies for how to do so safely. Companies, eager to get started, have grown impatient. Over the years, the ISA has issued permits for exploration missions, but not for commercial mining operations. Critics say that the ISA has been slow to act on forming regulations for the industry.
However, this year, the ISA may be forced to reveal comprehensive guidelines, as U.S. President Donald Trump issued an executive order on April 24 titled ‘Unleashing America’s Offshore Critical Minerals and Resources.’ The order aims to advance U.S. leadership in seabed mineral development by “rapidly developing domestic capabilities for the exploration, characterisation, collection, and processing of seabed mineral resources through streamlined permitting without compromising environmental and transparency standards.” One day after it was signed, The Metals Company, a Canadian mining operation with U.S. subsidiaries, applied for two exploration licenses and a commercial recovery permit under the U.S. Deep Seabed Hard Mineral Resources Act to begin mining in the Clarion–Clipperton Zone.
The U.S. is not a signatory of UNCLOS and therefore can only participate in the ISA as an observer. Given the purview of the executive order, many view it as overreach, given that it aims to explore and mine in international waters, rather than solely in its EEZ (Exclusive Economic Zone,) which is not permitted under international law. In June, the Secretary General of the ISA, Leticia Reis de Carvalho, wrote an op-ed for The Economist is calling on the United States to work with the ISA to implement robust policies rather than taking a unilateral route in deep-sea mining. Later that month, the U.S. Department of the Interior issued a press release announcing plans for “expediting the permitting process, extending the duration of prospecting permits and reducing the timelines for environmental reviews” to streamline offshore mineral development. The ISA’s calls for U.S. collaboration seemed to fall on deaf ears.
The U.S. is not the only player in the race to develop the deep-sea mining industry. China is pursuing deep-sea mining agreements with Pacific Island nations, including Kiribati and the Cook Islands. Within the Pacific Island community, nations hold different stances on opening their EEZs to deep-sea mining. Each understands that such an opportunity could diversify their economy but must weigh it against the environmental risks to the water quality and fisheries, upon which islands heavily rely.
Japan is eager to begin mining for minerals. Last year, researchers discovered 230 million metric tonnes of critical minerals within the country’s EEZ. China, which controls 70% of the world’s critical mineral supply, has wielded its leverage over critical minerals for geopolitical purposes, withholding rare earth element exports to Japan over an island dispute in 2009. If Japan were accessing such materials closer to home, it would ease a national security risk. Still, should the country move to launch deep-sea mining operations, it will likely face significant pushback from the public over potential disruption to nearby marine ecosystems.
At the time of this writing, the ISA is still finalising the Mining Code—a comprehensive set of regulations intended to govern commercial seabed mining. While UNCLOS signatories are expected to wait until regulations are put in place to begin deep-sea mining operations, the United States under a president seeking to slash environmental regulations may approve The Mining Company’s permit beforehand, and mining in the Clarion Clipper Zone, an area in the Pacific that boasts an abundance of manganese nodules, could begin. Such a move could undermine the ISA’s authority to regulate any country’s deep-sea mining efforts in the future. When powerful countries with an outsize economic impact bypass regulation, smaller nations often feel less inclined to follow the rules. With few enforcement mechanisms, such moves further undermine the international governance system.
Photo: Delegates during the second part of the 30th session of the International Seabed Authority Council at the Jamaica Conference Centre, Kingston, Jamaica, on July 10, 2025. (Credit: Andrés Felipe Carvajal Gómez/ IISD/ENB)
Sarah Sakeena Marshall
Data Assistant
