08/07/2026
📃On Russia's position on the protection of the international legal regime of the seabed area
✍️On April 24, 2025 the U.S. President issued an Executive Order on deep-seabed mining of mineral resources, which addresses issues of exploration and development of seabed mineral resources within the United States outer continental shelf as well as in areas beyond national jurisdiction.
The Executive Order (14285) has already received negative assessments from a number of States (including Western countries) and international organisations at various international platforms. In relevant statements serious concern was expressed over the consequences of such a step for the regime of the international seabed area (the Area) and the activites of the International Seabed Authority (ISA).
In particular, ISA Secretary-General Ms. Leticia Reis de Carvalho noted that any such unilateral action sets a dangerous precedent that could destabilize the existing system of global ocean governance, and that no state, natural or juridical person may claim, acquire, or exercise rights over mineral resources of the Area, which are the Common Heritage of Humankind, otherwise than in accordance with Part XI of the United Nations Convention on the Law of the Sea of 1982 (UNCLOS, the 1982 Convention).
📃The international legal regime of the Area has been established by the Convention, which proclaimed the Area and its resources as the Common Heritage of Humankind. Taking into account the nearly universal membership of States in the Convention, this regime is therefore observed by the majority of UN Member States. The principle of the common heritage of mankind currently governs all activities in the Area. Unilateral steps toward deep seabed mineral resources development undermine the regime of the Area established by the 1982 Convention, as well as ISA mandate, and also threaten economic and social progress of all States, primarily that of developing countries.
Despite not being a State Party to the 1982 Convention, the USA signed the 1994 Agreement relating to the Implementation of Part XI of the Convention, and is therefore obliged to refrain from acts which would defeat the object and purpose of the treaty (in accordance with Article 18 of the Vienna Convention on the Law of Treaties).
The Executive Order also addresses issues of resources extraction within the US ‘extended’ continental shelf. Russia has not recognised the outer boundaries of the ‘extended’ shelf unilaterally delineated by Washington in 2023, due to this step’s inconsistency with established international practice and non-compliance with relevant procedures. We consider any possible unilateral seabed development by the USA within these boundaries inadmissible.
❗️The Russian Federation reacted to the issuance of the Executive Order with a statement made at 30th Session of the ISA Assembly (July 2025) containing the above mentioned assessment. We called on the USA to become Party to the 1982 Convention in order to comply fully with its provisions and procedures. We furthermore called on all nations including the USA to refrain from unilateral actions and avoid creating parallel mechanisms, which could harm the 1982 Convention’s goals of orderly, safe, and rational use of the Area's resources for the benefit of mankind as a whole.
This position has been reaffirmed by the Russian delegation at the 36th Meeting of States Parties to the UNCLOS in June 2026.