‘The common heritage of mankind’ principle governing the international seabed area is under strain from national economic interests. Discuss with reference to India's role.
In this answer
Under Part XI of UNCLOS, "the Area" — the seabed beyond national jurisdiction — and its resources are the common heritage of mankind, not open to sovereign claim, with benefits to be shared equitably and research conducted for mankind as a whole [1]. The race for critical minerals is now testing whether this collective ideal can survive competitive national interest.
How the principle is under strain
- Resource nationalism: polymetallic nodules and sulphides carry nickel, copper, cobalt, manganese, gold and platinum — inputs for EV batteries and electronics — turning a commons into a strategic supply race [2].
- Regulatory lag: the ISA's Mining Code for exploitation remains unfinished, with the financial regime (royalties, profit-sharing) and a compliance mechanism still under negotiation in 2026 [4]. Equitable benefit-sharing thus stays an unoperationalised promise.
- Ecological deficit: the IUCN warns that sediment plumes may disperse hundreds of kilometres and that seabed damage is likely permanent, and its members have adopted a resolution seeking a moratorium until risks are understood [5].
- Crowded seabed: with ~30 active exploration contracts across 20 sponsoring states, the Area is being partitioned faster than it is being governed [3].
India's role
- India holds ISA contracts for polymetallic nodules (Central Indian Ocean Basin, running to March 2027) and polymetallic sulphides, and became the first country with two PMS contracts through the 15-year Carlsberg Ridge contract covering 10,000 sq km [2][3].
- Capability is being built through the Deep Ocean Mission (Ministry of Earth Sciences, Rs 4,077 crore for 2021–26), including the MATSYA-6000 submersible and NIOT's deep-sea mining machine [6].
- India pairs exploration with environmental and biodiversity baseline studies, but has taken no public position on the moratorium debate.
India's dual identity — developing-country claimant and technology leader — lets it reconcile both impulses: pursue science-led exploration while insisting that extraction wait for a robust Mining Code, precautionary safeguards and genuine benefit-sharing. Championing that sequencing at the ISA Council, alongside recycling under the critical minerals push, would let India defend the commons it also benefits from — advancing SDG 14 and the spirit of UNCLOS.
Sources
- 1UNCLOS, Part XI, Section 2 — Articles 136–143the Area as common heritage of mankind, no sovereign claim, benefit-sharing
- 2PIB: India Secures Exclusive Rights for Exploration of Polymetallic Sulphides in the Carlsberg Ridge (2025)15-year contract, 10,000 sq km, first country with two PMS contracts, metals contained
- 3International Seabed Authority — India's applications for plans of work for seabed explorationIndia's existing contracts and 2027 expiry; ~30 active contracts, 20 sponsoring states
- 4International Seabed Authority — The Mining Codedraft exploitation regulations still under negotiation; financial regime and compliance committee pending
- 5IUCN Issues Brief — Deep-Sea Miningsediment plumes, likely permanent damage, moratorium resolution, recycling alternative
- 6PIB: Deep Ocean Mission — Rs 4,077 crore for 2021–2026 under Ministry of Earth Sciencesmission budget, nodal ministry, 6,000 m manned submersible by NIOT