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India’s Application To International Seabed Authority (ISA) – IMPRI Impact And Policy Research Institute

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India’s application to International Seabed Authority (ISA)

Policy Update
Sumit Dahiphale

For the Rights to explore ‘Cobalt-Rich Crusts’ In the Indian Ocean.

Background:-

On 18 January 2024, India submitted two applications to the International Seabed Authority (ISA) for approval of two plans of work for exploration, Cobalt-rich ferromanganese crusts of the Afanasy-Nikitin Seamount are one of them and the second one for Polymetallic Sulphides in the Indian Ocean region. Currently, India’s two projects are ongoing in the Indian Ocean.

India’s first application to ISA-

India’s exploration and other developmental activities related to Polymetallic Sulphides are under a 15-year contract signed in 2016 to explore the Central Indian Ridge and South-West Indian Ridge in the Indian Ocean. 

Now India applied to span his exploration in another region of the Centre Indian Ocean known as Carlsberg Ridge to 3,00,000 square km. India currently has the authority to explore an area of only 10,000 square km.

India’s other exploration related to Polymetallic Nodules are under a 15-year contract signed in 2002 after the expiration of this contract in 2017 India extended it twice to 2022 and 2027 respectively.  In the 75,000 sq. km area of the Central Indian Ocean Basin.

India’s second application to ISA-

The second application for Cobalt-rich ferromanganese crusts of the Afanasy-Nikitin Seamount is located in the Indian Ocean. Where India is interested in extracting cobalt-rich crusts from the ocean.

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Afanasy-Nikitin Seamount; Source: Google Maps

India needs cobalt-rich crust minerals to fulfil its needs it contains rare earth elements such as Titanium, Cerium, Nickel, Platinum, Manganese, Phosphorus, Thallium, Tellurium, Zirconium, Tungsten, Bismuth and Molybdenum etc. Also, Crusts contain a high content of cobalt, up to 1 -1.7 % these cobalt proportions are much higher than in land-based ores, which range from 0.1 to 0.2 % cobalt. Other than Cobalt, the most valuable of the crust metals are Titanium, Cerium, Nickel and Zirconium.  

Cobalt is a metal used in diverse commercial, industrial, and military applications; cobalt is used in rechargeable battery electrodes, Superalloys, gas turbine engines, airbags in automobiles, paints, varnishes, inks, dyes, pigments, high-speed steels, magnetic recording media, magnets, steel-belted radial tyres etc.

To shift Combustion engine vehicles to electric vehicles India needs these minerals  to develop EV Batteries and other electrical components, India announced its target to achieve net zero emissions by 2070. In 2021 at the 26th session of the United Nations Framework Convention on Climate Change (COP 26). Without shifting the automobile sector it’s difficult to achieve.

Functioning:-

The International Seabed Authority (ISA) is an autonomous international organisation established under the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 1994 Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea (1994 Agreement). ISA, headquartered in Kingston, Jamaica, came into existence on 16 November 1994.

The main function of ISA is to regulate deep seabed mining and protect the marine environment from the harmful effects of mining, exploitation And exploration. The authority also promotes marine scientific research and related activities like conducting training programs, workshops, Conferences etc.

The major issue in getting exploration rights into the Afanasy-Nikitin Seamount is Sri Lanka submitted a claim to extend its continental shelf beyond 200 nautical miles to the UN Commission on the Limits of the Continental Shelf (CLCS) in May 2009, as per the UN Convention on the Law of the Sea. 

If CLCS approves that then Afanasy-Nikitin Seamount will become Sri Lanka’s Exclusive Economic Zone (EEZ) currently it’s under international water but if they get approved by CLCS then it will be very big set back for India’s mining industries as well somehow we also lose to become producers of cobalt. India imports most of its Cobalt metal from China, Germany and the United Kingdom.

What is a Continental shelf ?

Continental shelf are submerged portions of continental crust that extend from coastlines to the shelf break. They are characterised by gentle slopes and relatively shallow depths. Beyond the shelf break, the seabed descends rapidly into the deep ocean basin, forming the continental slope.

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Source: Ocean and Law of the Sea United Nation

China’s Dominance in the Global Cobalt Supply Chain –

The Democratic Republic of Congo (DRC) is the world’s cobalt powerhouse, accounting for most global extraction. However, Chinese companies dominate the Congolese mining sector, owning a significant portion of the country’s largest cobalt mines. This strategic control extends to the refining process, with China processing most of the world’s cobalt, particularly for battery applications. Such concentrated ownership and processing capacity underscores China’s pivotal role in the global cobalt supply chain, a critical component of the burgeoning electric vehicle industry.

Performance:-

The types of mineral resources used vary by technology. Lithium, nickel, cobalt, manganese and graphite are crucial to battery performance. According to 2023 data from the Department of Commerce India’s dependence on Cobalt, Lithium, and Nickel is 100% and on Copper ore & concentrates is roughly 93% respectively.

In the 75,000 sq. km area of CIOB, The estimated polymetallic nodule resource potential is 380 million tonnes, containing 4.7 million tonnes of nickel, 4.29 million tonnes of copper and 0.55 million tonnes of cobalt and 92.59 million tonnes of manganese. Cobalt and nickel are strategically important metals.

Currently, the Japan Organization for Metals and Energy Security (JOGMEC), China Ocean Mineral Resources Research and Development Association (COMRA) and The Republic of Korea are exploring Cobalt-rich ferromanganese crusts in the Western Pacific Ocean. 

Ministry of Natural Resources and Environment of the Russian Federation exploring Cobalt-rich ferromanganese crusts in the Magellan Mountains, Pacific Ocean and Companhia De Pesquisa de Recursos Minerais(Brazil) exploring Cobalt-rich ferromanganese crusts in the Rio Grande Rise, South Atlantic Ocean respectively.

China Ocean Mineral Resources Research and Development Association exploring Polymetallic sulphide crusts in the Southwest Indian Ridge.

Government of the Russian Federation, Institut français de recherche pour l’exploitation de la mer (France), and  Government of the Republic of Poland exploring Polymetallic sulphide crusts in the Mid Atlantic Ridge.

Government of the Republic of Korea, (Federal Institute for Geosciences and Natural Resources of the Federal Republic of Germany) and The Government of India exploring Polymetallic sulphide crusts in the Central Indian Ocean.

Impact:-

The following position of the Government of the Republic of India about Sri Lanka’s submission on extending continental shelf. –

“The consideration and qualification by the Commission of the submission made by Sri Lanka would prejudice the rights of India over the parts of the continental shelf, as India has the right to make further submissions under the Statement of Understanding. Therefore, in accordance with paragraph 5(a) of Annex I of the Rules of Procedure of the Commission, the Government of the Republic of India requests the Commission not to “consider and qualify” the submission made by Sri Lanka.”

Sri Lanka’s position on India’s application to ISA-

The United Nations – Commission on the Limits of the Continental Shelf (UNCLCS) is yet to make recommendations about Sri Lanka’s submission and at present consideration of Sri Lanka’s submission by the UNCLCS is on hold due to a request made by India to the UNCLCS regarding the area claimed by Sri Lanka. The way forward in this regard is being pursued through diplomatic channels.

As the area of application for exploration of cobalt-rich ferromanganese crusts lies entirely within an area claimed by Sri Lanka under its continental shelf submission, Sri Lanka has brought these considerations to the attention of the ISBA and requested to withhold this matter, until final recommendations are made on Sri Lanka’s submission through the UNCLCS process. The ISBA is following applicable procedures in this regard and the matter is ongoing.

Way forward:-

In conclusion, India has to get approval from ISA for both petitions to fulfil its needs regarding minerals and metals. To achieve net zero emissions it is essential that India get approval from ISA but some obstacles between them might challenge India and their objective gets delayed by some years or maybe some decades to achieve that India has to boost its diplomacy and try to get approval from ISA. In this uncertain world India has to produce its minerals due to current geopolitical tensions and dependency on other nations for essential minerals is not good for India’s economy. Also, India has to focus on reducing their trade deficits with other countries.

References:-

  1. ISA Press Release-  https://www.isa.org.jm/news/the-government-of-india-submits-two-applications-for-approval-of-plans-of-work-for-seabed-exploration-in-the-indian-ocean/
  2. https://www.manoramayearbook.in/current-affairs/india/2024/03/27/international-seabed-authority-isa-explained.html
  3. ISA Contracts – https://www.isa.org.jm/exploration-contracts/
  4. ISA Contract for Exploration – Public Information Template – https://www.isa.org.jm/wp-content/uploads/2022/10/Public-information-on-contracts-India_PMN.pdf
  5. PIB Harnessing Ocean Resources- https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=1848358
  6. INDO-JAMAICA Agreement – https://www.moes.gov.in/index.php/international-collaboration-convention/indo-jamaica
  7. PIB  Polymetallic Sulphides between India and International Seabed Authority- https://pib.gov.in/newsite/PrintRelease.aspx?relid=146216
  8. BBC –https://www.bbc.com/news/world-asia-india-68613351
  9. PIB Polymetallic Nodules Programme- https://pib.gov.in/newsite/PrintRelease.aspx?relid=90533
  10. International energy corporation- https://www.iea.org/topics/critical-minerals
  11. PIB Net zero emissions target – https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1945472
  12. China dominates global cobalt production- https://table.media/en/china/sinolytics-radar/china-dominates-global-cobalt-production
  13. permanent mission of india to the un- https://www.un.org/depts/los/clcs_new/submissions_files/lka43_09/20221025IndNvUn002.pdf
  14. Sri Lanka MEA – https://mfa.gov.lk/unclcs/
  15. PIB Ministry of Mines- https://pib.gov.in/PressReleseDetailm.aspx?PRID=1944961

About the Contributor- Sumit Dahiphale is a Research intern at the Impact and Policy Research Institute, pursuing a BA in International Journalism. His research interests lie in Geopolitics, Defense And International Affairs. 

Acknowledgement :–  The author would like to thank Anusuya Choudhary and Aashnaa Mehta for their valuable suggestions on my report.

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