Guest comment: Louise Woods and Elena Guillet, Partner and Associate, International Dispute Resolution & Arbitration, Vinson & Elkins
The continued electrification of society has intensified the quest for critical minerals, which are essential for clean energy technologies, electric vehicles (EVs), and energy storage devices. Deep-sea mining is the retrieval of mineral deposits found on the seabed, between 4 and 6 km deep. The most well-known of these mineral deposits are polymetallic nodules, which are mineral concretions on the seabed formed of concentric layers of iron and manganese hydroxides around a core of organic or basaltic debris. The polymetallic nodules contain four essential battery metals – cobalt, nickel, copper, and manganese – in a single ore. It is estimated there is an enormous quantity of nodules on the seabed, with around 21 billion t of nodules in the Clarion-Clipperton Zone (CCZ) alone.
The escalating global demand for critical minerals continues to expose vulnerabilities within current supply chains, which remain heavily dependent on terrestrial mining concentrated in a limited number of jurisdictions and with processing and refining sectors dominated by China. This concentration poses significant geopolitical and supply risks, necessitating diversification strategies to ensure stable access to these vital resources. Governments are acutely aware of these weaknesses in the supply chains and have focused in the last few years on developing critical minerals strategies aimed at accelerating domestic capabilities and enhancing collaboration with international partners.
Deep sea mining emerges as a pivotal alternative, offering the potential to expand and diversify the global supply of critical minerals beyond traditional terrestrial sources. Under the International Seabed Authority’s (ISA) regime, any contractor company sponsored by a member of UNCLOS can apply for a licence. This means that resource-poor UNCLOS members can secure a supply of polymetallic nodules or other seabed minerals for domestic processing/refining or within the territory of a strategically aligned partner. In addition, countries such as Norway and Japan are actively advancing deep sea mining initiatives within their exclusive economic zones (EEZs), further expanding and diversifying the supply chains.
Moreover, securing a stable and diversified supply through deep-sea mining can enhance energy security by reducing reliance on politically concentrated sources and shielding clean energy sectors from price volatility. A broader supplier base and increased market competition can promote more predictable and competitive mineral pricing, directly contributing to reduced costs for clean energy technologies and energy storage solutions. This in turn supports policy goals related to the acceleration of the global energy transition and the achievement of sustainability targets.
A pivotal moment in the policy discourse came earlier this year with the Trump administration’s executive order on deep-sea mining, which broadened the narrative beyond a means to securing the energy transition. The order emphasised the strategic and national security dimensions of seabed mineral development. Specifically, the executive order directed the Secretary of Defense and the Secretary of Energy to ensure that seabed resource development is integrated into national strategies for securing access to materials deemed critical under the Strategic and Critical Materials Stockpiling Act.
While deep-sea mining holds the potential to address supply chain vulnerabilities and promote long-term market stability, several uncertainties remain. These include: long lead times required to reach commercial-scale recovery; a lack of existing processing infrastructure for seabed minerals; and the rapid evolution of green technologies, which may shift demand profiles. As legal frameworks continue to evolve, stakeholders must navigate a complex regulatory environment while balancing environmental, economic, and strategic priorities.
References Available on request.
