Why the U.S. is stuck on the sidelines of the seabed mining debate

And how that could change

To understand the seabed mining debate, you have to understand the UN Convention on the Law of the Sea—or, as maritime nerds like to call it: the Constitution for the Oceans.

UNCLOS is the global treaty that governs seafaring activities like shipping, scientific research and seabed mining. It’s been signed and ratified by 168 countries (plus the EU). That group includes every major economy with an ocean coastline…except the U.S.

Why are we on the sidelines? Because Ronald Reagan didn’t want to play by the rules.

The U.S. was a key negotiator of the treaty during the 1970s. But when the UN ultimately adopted UNCLOS in 1982, the then-U.S. President felt it was too restrictive. The treaty specified that some global decisions on seabed mining would be based on consensus or supermajority vote among nations—this democratic approach didn’t sit well with Reagan. As the New York Times reported, “the United States, possessing some of the most advanced technology and the most resources to be developed, was unhappy at the prospect of having to share seabed mining decision-making with smaller, often third-world countries.”

As a result, the U.S. functionally has no sway on seabed mining. Outside of UNCLOS, the U.S. can only observe and comment on the proceedings of the International Seabed Authority (which regulates mining in the high seas, per the treaty). It cannot vote on important matters, and it cannot sponsor private mining operations. The U.S. remains on the sidelines.

But there are inklings of change.

Countering China

China has long controlled the supply of some minerals that the U.S. deems “critical” for energy and defense applications. That’s already a concern for China hawks in Congress.

Now China is pouring money into seabed mining research. The country holds more exploration licenses with the International Seabed Authority than any other.

Congressional Republicans—who have traditionally opposed ratifying UNCLOS—are suddenly keen to counter China’s seabed surge. Senator Lisa Murkowski (R-AK) is leading a bipartisan push toward ratification in the Senate.

Mining firms, who hope to process their seabed hauls in the U.S., are hammering the China concern too.

For its part, the Biden administration has been largely mum on seabed mining, staking out a “precautionary” wait-and-see approach, rather than specifically endorsing or condemning the practice. The administration strongly supports UNCLOS ratification.

It’s unclear if that will happen in 2024. But with the international debate over seabed mining reaching a fever pitch—and with suspicion of China seemingly the only issue that unites Democrat and Republican leaders—the U.S. may be forced to enter the fray sooner rather than later.