The United Nations Convention on the Law of the Sea (UNCLOS) is a monumental international treaty that establishes the laws governing our vast oceans and maritime activities. Drafted in 1982 and implemented in 1994, UNCLOS provides a comprehensive legal framework to oversee the use and conservation of the world’s seas and oceans. This framework ensures the equitable and efficient use of marine resources while promoting international order and fostering global cooperation.
To implement UNCLOS and oversee its extensive provisions, four key institutions were established, each with a distinct role. These institutions adjudicate disputes, regulate seabed activities, delineate continental shelf boundaries, and ensure the smooth administration of the Convention. Together, they act as guardians of our oceans, promoting the peaceful and cooperative use of maritime resources in harmony with international law. Their collective efforts ensure that the seas remain a domain of peace, prosperity, and sustainability for all.
The International Seabed Authority (ISA), one of these key institutions, plays a pivotal role in managing mineral exploration in the international seabed area known as “the Area.” Countries and their sponsored entities may apply to the ISA for exploration contracts, which are reviewed to ensure compliance with legal, technical, and environmental standards. These contracts, typically lasting 15 years, require detailed environmental protection measures and regular reporting. If commercially viable resources are discovered, contractors can apply for an exploitation licence, subject to rigorous review to ensure sustainable and responsible mining practices. UNCLOS also promotes global participation by providing training and support to developing countries and establishing benefit-sharing mechanisms, ensuring that marine resource exploitation benefits all humanity while safeguarding ocean health for future generations.
In the Indian Ocean, a strategic contest unfolds as India seeks to stake its claim on the cobalt-rich Afanasy Nikitin Seamount, located east of the Maldives. This underwater treasure trove offers critical minerals essential for the global shift towards clean energy. India’s bid at the ISA is not merely about resource acquisition; it represents a bold geopolitical manoeuvre to counter China’s dominance in the cobalt supply chain. However, India’s ambitions face a rival claim, likely from Sri Lanka, whose extended continental shelf bid complicates the regional seascape.
India’s strategy reflects a broader geopolitical goal: to deter China’s growing influence in the Indian Ocean, where Beijing already holds significant deep-sea exploration contracts. This push comes amid rising global demand for cobalt, a critical component in electric vehicles and battery technologies pivotal to achieving climate goals. Despite being in its early stages, India’s commitment to deep-sea mining is underscored by its ambitious Deep Ocean Mission. Launched with a robust $500 million investment, the initiative aims to explore and harness the ocean floor’s polymetallic riches, including coveted cobalt-rich nodules.
India’s changing stance on Sri Lanka’s continental shelf claim—from initial non-opposition to assertive objection—highlights the high stakes involved. With China controlling 70% of global cobalt supplies and India aiming for net-zero emissions by 2070, securing access to critical minerals is not just an economic necessity but also a vital step towards sustainable energy independence.
India’s pursuit of the Afanasy Nikitin Seamount symbolises more than just a quest for cobalt; it is a strategic assertion within the complex realm of maritime geopolitics. Deep-sea mining allows India to diversify its resource base and reduce dependency on terrestrial sources, which are often constrained by geopolitical tensions, environmental concerns, and limited supply. The ocean floor holds untapped potential, with polymetallic nodules offering a wealth of valuable minerals necessary for the transition to clean energy.
India’s claim is based on Article 76 of UNCLOS, governing the extension of continental shelves. However, Sri Lanka’s competing claims, based on the Statement of Understanding (SoU) and Article 76, add complexity to the situation. This legal interplay underscores the challenges of securing seabed rights in the geopolitically sensitive Indian Ocean. India’s bid is further complicated by political interventions from Sri Lanka, raising questions about the motives behind such actions despite UNCLOS provisions that ensure equitable access for all nations.
In addition to the Afanasy Nikitin Seamount, India is also staking a claim on the Carisberg Ridge, reflecting its strategic push to secure access to vital underwater resources. This effort bolsters India’s position in the global maritime domain, supporting its long-term energy and economic security.
These geopolitical manoeuvres reveal a broader issue: a lack of widespread understanding about oceanic resources and their management. Addressing this knowledge gap is critical. Integrating ocean literacy into education systems, from primary schools to higher education, is essential for fostering informed decision-making. A society educated in marine science, oceanography, and maritime law will cultivate a culture of stewardship and innovation, ensuring sustainable management of marine resources for the benefit of all.
India’s application deserves support, as it challenges China’s overreach and prevents the emergence of another “nine-dash line” scenario. However, as the Sri Lankan President prepares to visit India, it is imperative that he is accompanied by a highly experienced team to navigate these complex issues effectively.
