Abstract
This article analyzes the legality of U.S. unilateral seabed mining authorized by Executive Order 14285, signed by President Donald Trump on April 24, 2025, permitting mineral extraction on the U.S. continental shelf and international deep seabed. Critics, including China, the European Union, and the International Seabed Authority, contend that this policy violates international law by circumventing Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), which designates seabed minerals as the “common heritage of mankind” and mandates regulation through the ISA. The article asserts that, as a non-party to UNCLOS, the United States is not bound by the terms of the treaty. While the United States signed the 1994 Implementing Agreement, the action has no legal effect under Article 4(2) unless the State also consents to be bound by UNCLOS itself. Further, even if Part XI constitutes customary international law, the United States qualifies as a persistent objector, having consistently operated pursuant to the 1980 Deep Seabed Hard Mineral Resources Act (DSHMRA). Through sustained State practice—encompassing legislative measures, executive actions, and NOAA-issued mining licenses—the United States has explicitly rejected Part XI’s regulatory authority.
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