Energy Law | Deep-Sea Mining (DSM) for Polymetallic Nodules and Rare Earth Minerals

At a recent panel debate about Deep-Sea Mining (DSM) at an international workshop held in Haifa by the Institute for Maritime Policy & Strategy (MPS), Adv. Orin Shefler discussed the importance of a credible and responsible path to accessing polymetallic nodules and rare-earth minerals from the deep ocean, to aid the clean-energy transition.

With proper environmental safeguards, DSM will advance, and prolonged inaction by the International Seabed Authority (ISA) has left the sector without the regulatory certainty it urgently needs. The recent U.S. decision to develop national permitting pathways through the National Oceanic and Atmospheric Administration (NOAA) was discussed, noting that the U.S approach may provide a clearer strategic direction and legal infrastructure than the stalled ISA process. The vacuum of authority and regulation has already pushed commercial actors toward U.S. frameworks, reflecting a pragmatic shift from reliance on an immobilized international regime.

DSM is quickly moving from a theoretical idea to a near-term commercial reality. Advances in subsea robotics and remote-operated systems now allow the extraction of cobalt, nickel, and manganese rich polymetallic nodules, minerals central to modern batteries and clean-energy technologies, triggering a global race for future critical-mineral supply.

Under UNCLOS, the international seabed, “the Area”, falls under ISA governance and is meant to serve the “common heritage of mankind.” Yet the ISA has repeatedly failed to finalize the long-awaited mining code, missing its 2023 deadline and leaving a prolonged regulatory gap. This has intensified both environmental and political tensions, with more than 30 countries calling for a moratorium until stronger protections are established.

Frustration with ISA delays has led companies to pursue alternative national legal routes, particularly in the United States, where the Deep Seabed Hard Mineral Resources Act (DSHMRA) and recent offer regulatory clarity and a pathway forward. Meanwhile, China holds more ISA exploration contracts than any other country and has integrated DSM into its long-term strategic and industrial planning, further shaping the geopolitical landscape.

The result is growing regulatory fragmentation. A future shaped not by the ISA alone, but by competing regimes led by the U.S., China, and the ISA. This shift challenges the common-heritage principle, complicates cooperation, and raises key questions about how deep-sea resources essential to the clean-energy transition will be governed.