Attempting to bypass international legal regulation may face industrial challenges. Japan's push for deep-sea mining in U.S. waters has raised concerns from multiple parties.

Why Did the US and Japan Choose to Bypass International Multilateral Consultation for Deep-Sea Mining Cooperation?

[Global Times Comprehensive Report] Against the backdrop of increasingly fierce competition for global mineral resources, the joint move by the US and Japan to promote deep-sea mining has attracted widespread attention. According to the New York Times report on March 27, the two countries recently signed a memorandum of cooperation, announcing that they will share research data and project experiences in the field of deep-sea mining, accelerating joint research and development of key deep-sea mineral resources. However, the report states that this memorandum, which outlines the cooperation intentions of the two countries, is not legally binding. At the same time, marine management organizations and industry experts have expressed concerns about the US-Japan deep-sea mining actions.

The Focus of Development is on Deep-Sea Resources Rich in Rare Earths

In the recently signed memorandum of cooperation, the two countries agreed to establish a working mechanism to share experiences in deep-sea scientific research and mining projects, including Japan’s exploratory achievements in its domestic waters. Previously, the US had independently carried out deep-sea mining activities for nearly a year without collaborating with any other countries or regions. Now, Japan has expressed its willingness to provide support. The New York Times reports that this move is seen as a way to bypass international multilateral consultations and instead rely on domestic laws to promote mining in international waters.

Notably, the focus of the cooperation between the two sides is on deep-sea resources rich in rare earths, including deep-sea sediment near Japan’s Minami-Torishima. This resource is said to have enormous potential, capable of supporting industrial demand for hundreds of years to come. According to Nikkei Chinese Network, in February, Japan’s Cabinet Office and the Japan Agency for Marine-Earth Science and Technology (JAMSTEC) announced that they successfully extracted seabed sediment believed to contain rare earths from the sea floor about 6,000 meters deep in the Minami-Torishima sea area. Japan is currently promoting the verification of profitability and the development of refining technology to achieve industrialization after the 2028 fiscal year.

In January of this year, near Minami-Torishima, Japan’s “Chikyu” deep-sea exploration vessel was lowering mining equipment to the seabed. (Visual China)

South Korean media believe that the recent cooperation between the US and Japan regarding “critical minerals” aims to stabilize profits through “alliances.” If this cooperation mechanism overlaps with deep-sea mining cooperation, it means that the US and Japan are extending their resource acquisition from land to the seabed, attempting to reshape the global supply pattern of critical minerals.

Facing Multiple Challenges in Regulation and Industrialization

The advancement of US-Japan deep-sea mining has sparked widespread controversy. While the seabed is rich in mineral resources, the technical difficulty of extraction is extremely high, and it could potentially cause irreversible impacts on marine ecosystems. More controversially, the US plans to issue deep-sea mining licenses in international waters, areas that, according to international law, do not belong to any single country.

According to the New York Times, since the establishment of the International Seabed Authority under the United Nations Convention on the Law of the Sea in 1994, 170 countries have been engaged in long-term negotiations over rules for seabed mineral development, but to date, no consensus has been reached. In the most recent meeting, parties again failed to form a unified position, with about 40 countries even calling for a suspension or ban on deep-sea mining.

The lack of international rules has plunged the relevant industries into uncertainty. The US has chosen to advance unilaterally, while Japan participates through cooperation; this model is changing the existing international marine governance structure. The US has not joined the United Nations Convention on the Law of the Sea. However, with the Trump administration’s order to expedite the issuance of deep-sea mining licenses, the US has begun to shift towards promoting development in international waters through its domestic legal framework. Relevant companies have also initiated commercial mining application processes, attempting to seize the initiative before the rules are fully established.

At the same time, Japan’s interest in seabed resources continues to grow. Some experts believe that if cooperation extends to international waters, it may touch on Japan’s commitments under the United Nations Convention on the Law of the Sea, leading to legal risks.

Leticia Carvalho, Secretary-General of the International Seabed Authority, warned that advancing mining outside the existing framework could undermine the marine governance system and violate international law. Meanwhile, the US’s acceleration of approvals through its domestic legal framework has been criticized as bypassing international regulation.

In addition to concerns about environmental protection and international regulation, the deep-sea mining projects promoted by the US and Japan are also considered to face significant industrialization challenges. An article by Nikkei Chinese Network analyzed that Minami-Torishima is about 1,950 kilometers from the center of Tokyo, and the area where rare earth sediments lie is 6,000 meters deep, requiring huge costs for the use of extraction devices and ships. Professor Yamada from Kyushu University believes, “If it is not economically viable, resource development cannot proceed.”

Concerns in South Korea About Facing Similar Cooperation Requests

Right after Japan and the US reached an agreement on cooperation in deep-sea mining and other critical minerals, South Korea began to worry that “it may soon face similar cooperation requests from the US.” The South Korean newspaper Chosun Ilbo reported that many believe it is practically difficult for South Korea to adopt Japan’s position.

The report analyzed that the primary concern for South Korea focuses on the risk of industrial impact. South Korea’s semiconductor, electric vehicle, and battery industries have a high dependence on critical minerals.

South Korean industry representatives stated that the procurement contract prices previously signed by the US with South Korean rare earth companies were about twice that of similar products from China. This means that once South Korea shifts to a US-centered supply system, the cost of raw materials will significantly increase. With rising prices and potential supply instability, the profit margins for companies could be further compressed.

More complex is that South Korea finds itself in a “dilemma” at the policy level. On one hand, South Korea has participated in a multilateral resource cooperation mechanism led by the US and serves as the chair country of related initiatives; in the context of deepening US-Japan cooperation, it is difficult to completely distance itself. On the other hand, if it aligns too closely with the US-Japan system, it may face real economic costs. The report suggests that in the case where Japan takes the lead in strengthening cooperation with the US, South Korea’s dilemma of “necessity diverging from reality” is further exacerbating.

[Global Times Correspondent in the US: Feng Yaren; Global Times Correspondent in Japan: Wang Jun; Global Times Correspondent in South Korea: Li Zhiyin]