Abstract:
In the context of the interweaving of global climate governance and geopolitical risks, strategic mineral resources have been upgraded from traditional industrial raw materials to core strategic assets related to national security, economic sovereignty, and technological competitiveness. When faced with multiple pressures such as international rules, resource supply chain restructuring, and new energy transformation, China’s strategic mineral resource reserve system has exposed deep-seated legal dilemmas such as legislative lag, unclear rights and obligations of entities, fragmented systems, and insufficient international legal response capabilities. This paper is based on the theories of permanent sovereignty over natural resources and public goods. Starting from the dual goals of national resource security and sustainable development, it systematically analyzes the current situation and crux of the legal system for strategic mineral resource reserves. Through comparative research on foreign experiences such as the US
Defense Production Act, the EU’s
Critical Raw Materials Act, and Japan’s
Rare Metals Protection Act, it is proposed to establish a hierarchical and collaborative legal system centered on the
Strategic Mineral Resources Reserve Act, which coordinates the types of “product production capacity origin” reserves, implements green reserve standards, clarifies the rights and responsibilities of multiple reserve entities, strengthens preventive supervision and accountability mechanisms. At the same time, it is recommended to be guided by the concept of global public resource governance, embed the reserve system into the international legal framework, and enhance China’s ability to shape rules in global resource governance. This paper aims to promote the construction of a strategic mineral resource reserve system with resilience, sustainability, and rule of law characteristics through legal clarification and institutional innovation, providing theoretical support and institutional guarantees for the modernization of resource governance and the construction of ecological civilization rule of law in China.