On 24 April 2025, the White House issued an Executive Order expediting a domestic process unilaterally to authorise the exploitation of resources in seabeds beyond national jurisdiction.
The Executive Order stands as a direct challenge to the customary status of the common heritage of humankind principle, embodied in Part XI UNCLOS, and heralds a potential breakdown in the international system governing the regulation of the deep seabed.
Toby Fisher has authored an article, published today by EJIL:Talk!, on the obligations of States Parties to UNCLOS in response to US unilateralism. He argues that those obligations may undermine the commercial viability of US unilateral mining.
Read the full article here.