In April 2025, US President Donald Trump authorized the expedited exploration and exploitation of seabed minerals in areas beyond national jurisdiction. The order seeks to advance unilateral deep-sea mining in the international seabed area. In January 2026, the US National Oceanic and Atmospheric Administration (NOAA) further promulgated new regulations allowing qualified applicants to apply simultaneously for both exploration and exploitation permits, thereby enabling companies to enter the commercial extraction phase in a shorter timeframe.

In fact, the US is neither a state party to the the Law of the Sea Convention (UNCLOS) nor a member of the ISA. The US is using domestic law to bypass the international seabed regime, unilaterally authorizing the commencement of international seabed resource development in an attempt to evade the multilateral requirements of the international regime concerning marine environmental protection, operational safety, benefit-sharing and other aspects. This expedient but reckless approach has already attracted interest from several mining companies, with more than a dozen applications reportedly under review by NOAA, covering approximately.

The ISA is an international organization, mandated to manage resource development in the international seabed area on behalf of all humankind. According to currently disclosed documents, the ISA Assembly plans to request an advisory opinion from the Seabed Disputes Chamber on the legal implications of unilateral deep-sea mining advancement by non-states parties, in response to the threat posed by unlawful unilateral activities in the international seabed area outside the UNCLOS framework.

In reality, the US unilateral deep-sea mining policy has decoupled resource utilization activities in international commons from the multilateral regulatory framework, potentially giving rise to a systemic crisis involving multiple dimensions.

First, there is the risk to the marine environmental protection. The ISA states parties had previously reached a basic consensus: In the absence of established key management systems, commercial exploitation of minerals in the international seabed area should not proceed. However, the US unilateral action will lead to a perilous situation of exploitation on scale before necessary rules are set.

Second, there is the risk to the international rule of law. The ISA is the competent authority for mineral development in the international seabed area, and relevant activities should be subject to its regulation. By relying on domestic law to bypass the ISA and unilaterally approval and exploitation, the US is effectively placing domestic law above international law.

Third, there is the risk to the international order. The principle of the common heritage of humankind enshrined in UNCLOS is the cornerstone of the maritime order in the international seabed area. If the US unilateral development actions are left unchecked, this principle will be seriously undermined. The international seabed resources, which belong to the common heritage of humankind, will be illegally plundered, and the deep-sea multilateral governance system painstakingly established by states and the ISA over more than three decades faces the danger of collapse.

Member states should fully recognize the strategic significance of this agenda item of advisory opinion request. It is not only a pivotal battle to uphold the international seabed regime but also the last line of defense to safeguard the principle of the common heritage of humankind and defend the international rule of law in the maritime domain.

In Kingston this July, all parties must strengthen coordination and build consensus, so as to send a resounding message of justice in curbing unilateral deep-sea mining and preserving the international maritime order.