Abstract:
As major-power competition and international geopolitics enter a new normal, the global supply-demand dynamics, trade patterns, and competitive landscape of strategic mineral resources are rapidly evolving and being reshaped. This has increased uncertainties and challenges for China’s industrial and supply chains related to these resources. In recent years, the growth in the supply of land-based strategic mineral resources has slowed worldwide, turning deep-sea mineral resources into an important supplement for ensuring national energy and resource security. As a result, many countries have placed the exploration and development of deep-sea strategic mineral resources on their agendas. Deep-sea mineral resource development serves as a forward-looking strategy for optimizing China’s strategic resource industrial and supply chains. It is crucial to national energy and resource security, as well as to shaping global maritime influence. However, these mineral resources are largely concentrated in international seabed areas beyond national jurisdiction, making commercial extraction subject to complex international competition and governance challenges. Against a backdrop of uneven distribution of technology and capital, as well as divergent interests leading to international disorder, there is an urgent need to clarify the direction of reform for the international regime governing deep-sea mineral resources. This paper systematically reviews the evolution and basic framework of the international regime for deep-sea mineral resource development. It argues that a regulatory system has taken shape in this field, centered on the
United Nations Convention on the Law of the Sea (UNCLOS) and the
1994 Implementation Agreement; with important supplements including the
Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area, the
Regulations on Prospecting and Exploration for Polymetallic Sulphides in the Area, the
Regulations on Prospecting and Exploration for Cobalt-rich Ferromanganese Crusts in the Area; the
Draft Regulations on Exploitation of Mineral Resources in the Area, the
Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction. This system establishes a tripartite governance structure involving the International Seabed Authority (ISA), sponsoring states, and contractors, collectively advancing the commercialization of deep-sea mineral resources based on the principle of the “common heritage of mankind”. Nevertheless, fundamental issues remain unresolved, including the absence of a comprehensive legal framework for deep-sea mining, environmental disputes surrounding such activities, and the challenge of balancing interests between developed and developing countries. From the perspective of aligning international and domestic law, the paper analyzes the division of responsibilities between sponsoring states and contractors during deep-sea mineral resource development. It compares legislative practices in the United States, Germany, the United Kingdom, and China, noting that although China has enacted the
Law of the People’s Republic of China on Exploration and Development of Resources in Deep Seabed Areas and made progress in exploration, it still needs to enhance its technological autonomy and international influence. The paper concludes that China should accelerate the establishment of a safety-benefit framework, optimize its policy system, and deepen international cooperation to promote the sustainable development of deep-sea resources, thereby contributing Chinese wisdom and strength to global ocean governance.