Rest of the world has moved on in the seabed mining debate and is unlikely to tolerate unilateral US action
The work of formal international organizations, as well as interstate treaty negotiating conferences, may shape U.S. attitudes and actions. This is true not only of organizations in which the United States actively participates as a member, but also of organizations in which the United States is not a member. For example, the International Seabed Authority, headquartered in Kingston, Jamaica, is fully operational. It has received plans of work for deep seabed exploration from registered investors, has developed deep-seabed-mining regulations, and is currently considering an application for mining operations.64 These develop- ments, as well as the negotiating histories and texts of the Convention and the Part XI Agreement, limit the United States' ability credibly to assert that seabed mining beyond the limits of national jurisdiction is a high seas freedom, akin to the freedom of navigation. Legally and practically, opponents of the post- 1994 international seabed mining regime have simply lost the debate. The rest of the world-developed and developing states, market-oriented and non-market-oriented states-has accepted the revised mining regime. Any unilateral effort by a U.S. company to mine the seabed beyond the limits of national jurisdiction would almost certainly face opposition from the rest of the world, and the U.S. company's mining claims would be insecure.
Suffolk Transnational Law Review. Vol. 29. (2005-2006): 1-24. [ More (4 quotes) ]
"The United States, the Law of the Sea Convention, and Freedom of Navigation." Quicktabs: Evidence
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The development of deep seabed claims is incredibly expensive. Companies in the U.S. are reluctant to invest heavily in deep seabed mining because of the risk that their activities would not withstand a legal challenge since the U.S. is not a party to the Convention. Conversely, foreign companies, because their governments have joined the Convention, have access to the international bodies that grant the legal claims to operate in the deep seabed area. The U.S. cannot represent the interests of its companies in those bodies.
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- US accession to the convention would provide domestic deep seabed mining industry strong leadership and legal stability
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