Contesting Seabed Claims: US Faces Objections from Russia and China

In a recent session held in Kingston, Jamaica, representatives from Russia and China have claimed that US’s expansive claims to sections of potentially resource-rich seabed floors hold no ground under international law and should be dismissed. This response was directed towards the United States’ recent announcement to add approximately one million square kilometers (386,100 square miles) to its continental shelf in the Bering Sea, Pacific Ocean, Atlantic Ocean, and Gulf of Mexico.

Both Russia and China emphasized that these unilateral claims by the US contradict the United Nations Convention on the Law of the Sea (UNCLOS), which the United States is not a part of due to their refusal to ratify it. Adopted in 1982, UNCLOS establishes guidelines for the world’s oceans and seas, dealing with issues ranging from territorial limits to resources and protection of marine environments.

Under this law, countries have the right to any resources found on the sea or seabed floor within their exclusive economic zones (EEZ), which can extend up to 200 nautical miles (370 km) from a nation’s coastline. To determine where these underwater continental shelves lie, nations that have ratified UNCLOS go through a lengthy negotiation process. This helps establish exclusive economic rights to potentially profitable seabed resources located in these areas.

The US’ unilateral claims are perceived as undermining the delicate global balance and integrity of the convention, as stated by Russia’s representative at the event, who also criticized Washington for its selective approach towards international law. China’s delegate at the Seabed Authority meeting argued that the US lacks the right to make such claims independently and cannot expect to benefit from the convention without ratifying it. They described the resources in the international seabed as a shared global heritage that should not be threatened by any unilateral actions. Both Russia and China ratified UNCLOS during the 1990s.

On behalf of the United States, Gregory O’Brien defended his nation’s stance, claiming that their claims were made in compliance with the conventions’ guidelines. The US announced its seabed expansion plans in December of 2023, as part of an initiative to increase access to so-called critical minerals essential for electric vehicle batteries and renewable energy projects. The State Department insisted that these claims were “about geography, not resources.

This extension is said to emphasize American strategic interests in securing vital minerals such as lithium and tellurium from the seabed and subsoil, sometimes situated hundreds of miles offshore. According to an article by James Kraska, chair and professor of International Maritime Law at the US Naval War College, these latest claims are part of a broader effort to secure resources crucial for electrification within the Arctic Circle. However, most of this estimate is based on land studies, with the offshore potential remaining largely unexplored, as per Bloomberg’s report.

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