The government of French Polynesia has formally announced its intention to challenge a proposal by an American startup to conduct exploratory seabed mining in international waters located just beyond the territory’s maritime borders. The move sets the stage for a significant diplomatic and legal confrontation between the Pacific island territory and the United States government, highlighting the intensifying global race for critical minerals and the fractured regulatory landscape governing the world’s oceans.
Moetai Brotherson, the President of French Polynesia, expressed sharp criticism of the proposal, which was initiated by American Deep Sea Minerals, a California-based company. Speaking to reporters and international observers, Brotherson emphasized that while the company had made brief contact, no meaningful dialogue had occurred. He asserted that the territory would not remain a passive observer while industrial activities are proposed in areas immediately adjacent to ecosystems that French Polynesia has legally committed to protecting. The dispute centers on a specific region of international waters known as the Eastern High Seas Pocket 3, an area entirely surrounded by the exclusive economic zones (EEZs) of French Polynesia, the Cook Islands, and Kiribati.
The Proposal and the Push for Critical Minerals
American Deep Sea Minerals has submitted a permit application to U.S. regulators, seeking authorization to explore the seabed for polymetallic nodules. These potato-sized rocks, which rest on the ocean floor, are rich in manganese, nickel, cobalt, and copper—minerals essential for the production of lithium-ion batteries used in electric vehicles and various military technologies. The company’s application is one of at least a dozen currently under consideration by the National Oceanic and Atmospheric Administration (NOAA) as the Trump administration moves to establish the United States as a dominant force in the critical minerals sector.
The U.S. government’s push to fast-track these applications is part of a broader strategy to secure domestic supply chains and reduce reliance on foreign adversaries for minerals vital to the energy transition and national defense. However, the decision to issue licenses for international waters through domestic law rather than international frameworks has sparked significant controversy. Because the United States has never ratified the United Nations Convention on the Law of the Sea (UNCLOS), it operates outside the jurisdiction of the International Seabed Authority (ISA), the intergovernmental body established to regulate mining in international waters.
International Regulatory Friction in Jamaica
As the French Polynesian government prepares its challenge, negotiators from dozens of nations are currently gathered in Kingston, Jamaica, at the headquarters of the ISA. For over a decade, these delegates have been debating the "Mining Code," a complex regulatory framework intended to govern how, or if, the deep sea should be exploited. The Trump administration’s invitation to companies to apply for permits directly through the U.S. government—bypassing the ISA process—has been viewed by many international observers as a direct affront to international law.
Letitia Carvalho, the Secretary-General of the ISA, addressed the assembly in Jamaica, reminding member states that the deep seabed is the "common heritage of mankind." She warned that if the international community loses sight of the fact that the seabed belongs to no single nation or corporation, it risks repeating the same patterns of environmental destruction and social injustice on the ocean floor that have plagued terrestrial mining for centuries.
For French Polynesia, the situation is particularly complex. As a territory of France, it does not hold an independent seat at the ISA. Historically, the voices of Indigenous Polynesians have been sidelined in these high-level discussions. It is only recently, through the efforts of environmental non-profits providing observer status to Indigenous advocates, that local leaders have been able to participate in the dialogue. Despite these hurdles, President Brotherson has stated a clear preference for the international regulatory process over the unilateral actions currently being taken by the United States.
A History of Protection and Cultural Significance
French Polynesia’s resistance to deep-sea mining is rooted in a robust domestic policy of environmental conservation. In 2022, the territory implemented a comprehensive ban on seabed mining within its waters, a move that was followed by a similar national ban by France in 2023. These legislative actions reflect the deep cultural and spiritual connection that the Indigenous people of French Polynesia—who make up 80 percent of the population—maintain with the ocean.
The ocean floor is often referred to in Polynesian culture as a "sacred place of creation." Indigenous experts, such as Hinano Murphy from Moorea and Tahiti, have argued that deep-sea mining represents a new form of "strip-mining" that threatens to destroy ecosystems that are central to their heritage. This cultural perspective is bolstered by scientific concerns regarding the impact of mining on regional fisheries. Studies suggest that the sediment plumes, noise pollution, and light disturbances caused by mining machinery could have devastating effects on tuna populations and other migratory species that are vital to the Pacific economy.
In September 2023, President Brotherson further strengthened these protections by adding prohibitions on mining within Tainui Atea, one of the world’s largest marine protected areas. Encompassing nearly the entirety of the territory’s exclusive waters, Tainui Atea serves as a sanctuary for 21 species of sharks, 176 species of coral, and over 1,000 species of fish. Public sentiment in the territory is overwhelmingly in favor of these protections, with surveys indicating that over 92 percent of the population supports the preservation of Tainui Atea as a means of honoring traditional practices.
Chronology of the Deep-Sea Mining Conflict
The current tension is the result of decades of evolving maritime law and shifting geopolitical priorities. The following timeline outlines the key milestones leading to the present dispute:
- 1980: The United States passes the Deep Seabed Hard Mineral Resources Act, establishing a domestic framework for U.S. companies to explore international waters, anticipating a future need for minerals.
- 1994: The United Nations Convention on the Law of the Sea (UNCLOS) enters into force, establishing the International Seabed Authority (ISA) to manage the seabed in international waters.
- 2022: French Polynesia officially bans seabed mining within its maritime borders, citing environmental and cultural risks.
- 2023: France follows suit, becoming one of the first major world powers to call for a complete ban on deep-sea mining in international waters.
- January 2026: The United Nations High Seas Treaty (BBNJ) takes effect, providing a legal mechanism for nations to establish marine protected areas in international waters.
- June 2026: NOAA announces the receipt of the application from American Deep Sea Minerals for exploration in Eastern High Seas Pocket 3.
- July 2026: ISA delegates meet in Jamaica to continue work on the Mining Code amid rising tensions over U.S. unilateralism.
- August 3, 2026: The deadline for public comment on the American Deep Sea Minerals application expires.
Corporate and Regulatory Perspectives
In response to the criticism from French Polynesia, Graham Goulet, the CEO of American Metals (the parent entity of American Deep Sea Minerals), has stated that the company intends to consult with the governments of the Cook Islands, Kiribati, and French Polynesia as the exploration program develops. Goulet maintained that these discussions would occur under the oversight of the U.S. government and that the company’s application includes plans for benefit-sharing agreements with Pacific nations. Furthermore, the company claims it will take measures to avoid interference with commercial fishing operations.
However, President Brotherson remains skeptical of these assurances. He noted that the initial communication from the company was a "brief introductory email" and that the government’s request for more detailed information went unanswered. Under international law, particularly the United Nations Declaration on the Rights of Indigenous Peoples, communities have the right to "free, prior and informed consent" regarding extractive projects on their ancestral territories. Brotherson argues that this standard has not been met.
While American Deep Sea Minerals characterizes its current application as "scientific research," Brotherson argues that the intent is clearly commercial. The application includes plans for a "mining test," which involves deploying heavy machinery to the seafloor to test extraction capabilities. "We do not regard this particular application as neutral scientific research," Brotherson said. "It is part of a pathway towards potential commercial mining."
The Role of the United Nations High Seas Treaty
A critical element in French Polynesia’s strategy is the newly enacted United Nations High Seas Treaty. This landmark international law allows for the creation of conservation areas in international waters—territory that was previously a "wild west" in terms of environmental regulation. French Polynesia intends to leverage this treaty to advocate for the protection of Eastern High Seas Pocket 3.
If successful, this could set a global precedent for how the High Seas Treaty is applied to prevent industrial exploitation in sensitive international waters. The outcome of this case will likely determine the effectiveness of the treaty and the level of protection afforded to the world’s oceans in the face of rising industrial demand.
As the August 3 deadline for public comment approaches, the international community is watching closely. The dispute is no longer just about one company or one license; it is a fundamental test of maritime sovereignty, the rights of Indigenous peoples, and the world’s ability to manage the global commons in an era of resource scarcity and climate crisis. For French Polynesia, the fight is about ensuring that the "sacred place of creation" remains undisturbed for future generations, regardless of the industrial ambitions of distant world powers.
Leave a Reply