Abiding by international law is the only path to peace and sustainable development at sea, China’s foreign vice-minister Hua Chunying said on Monday in a veiled swipe at the US over its unilateral exploitation of seabed minerals.
“The oceans are not calm. Certain countries have resorted to the unlawful use of force at sea under various pretexts, posing a serious threat to regional peace and security,” Hua said on Monday.
She was delivering opening remarks at a forum in Beijing focused on international ocean dispute resolution and international law.
“Some have unilaterally enacted and implemented ‘deep-sea mining regulations’, eroding the common heritage of humankind,” the vice-minister said, alluding to an executive order signed by US President Donald Trump in April.
Washington sees deep-sea mining as a strategic counter to China’s dominance in critical minerals, targeting vast reserves contained in potato-sized nodules on the seabed beyond the legal jurisdiction of individual countries.
By directing agencies to streamline exploration and mining permits, Trump’s order allows American private companies to pursue deep-sea mining in areas beyond US jurisdiction without prior approval from the United Nations.
China immediately criticised the move, accusing Washington of breaching international law and undermining the interests of the global community.
Beijing has also accused Washington of instigating tension and disturbing regional peace by staging military drills with Manila in the disputed South China Sea waters.
China and several of its neighbours, including Brunei, Malaysia, the Philippines and Vietnam, have competing claims over the strategic waters. In 2016, an arbitral tribunal ruled that China’s expansive claims in the South China Sea had no legal basis under international law. China did not take part in the legal proceeding and does not recognise the result.
At the Monday seminar, Hua called on all parties to abide by international law and uphold the principles of the UN Charter.
“International law serves as the sole effective key to advancing the sustainable development and utilisation of the oceans and safeguarding maritime peace and stability,” the vice-minister said.
“The United Nations Convention on the Law of the Sea (Unclos) is the cornerstone of modern maritime law. China firmly safeguards its authority and integrity.”
Unclos designates resources in international waters as the common heritage of humankind, belonging equally to all countries regardless of their geographic position or technological capabilities.
However, it still lacks legal clarity when it comes to commercial exploitation of seabed minerals, largely due to environmental concerns.
Unclos states that the commercial exploitation of seabed minerals can only begin with the establishment of a general mining code, a comprehensive set of legal, environmental and operational regulations. This task falls to the International Seabed Authority (ISA), a UN agency. However, the code’s finalisation has stalled within the ISA framework, largely due to mounting environmental concerns.
China has invested heavily in creating a comprehensive set of legal, environmental and operational regulations under the UN framework. It is the largest fund contributor to two of the three main institutions established by Unclos.
Trump’s unilateral approach in his April order has alarmed Beijing, as it could set a precedent for other countries to bypass the UN framework. The move could also potentially put China at a disadvantage in exploiting resources in international waters.
Japan and the US have agreed to jointly tap deep-sea rare earth deposits and develop projects across the mining, smelting and processing chain after the two countries’ leaders met in person in October.
That agreement came shortly after China imposed sweeping export controls on rare earths earlier that month.
China is the world’s largest producer of rare earths and accounts for around 70 per cent of global rare earth mining and around 90 per cent of the refining of these minerals, according to a report by the New York-based business intelligence firm Strategy Risks.
https://www.scmp.com/news/china/diplomacy/article/3334809/senior-chinese-diplomat-takes-swipe-us-over-deep-sea-mining-strategy