Freshwater quest, the likely new gold hunt

GS Relevance: GS Paper III

Why in News?

The statistics show that most of Earth's water is saline (97.5%), with only a small fraction (2.5%) being freshwater. Notably, a mere 0.3% of that freshwater is in liquid form on the surface, indicating that most of it is stored underground, including beneath the ocean bed. This underscores the potential of underground freshwater as a critical resource, especially as surface freshwater becomes increasingly scarce.

Discovery of underwater freshwater reserves:

• According to a media report, in the 1960s, the U.S. Geological Survey drilled boreholes off the New Jersey coast and unexpectedly struck freshwater.
• With time, a team of scientists from Vietnam and other countries has discovered underwater sources of freshwater.
• For example, a river under the sea was discovered at the bottom of the Black Sea. This river is over 100 feet deep and has a flow rate of about four miles per hour; about 22,000 cubic metres of water pass through this channel. Compared to land-based rivers, it would count as one of the largest rivers in the world.
• Since freshwater is a depleting resource, countries will begin exploring for and exploiting freshwater from above or under their ocean bed within their maritime zones.
• Eventually, countries will expand exploration beyond their Exclusive Economic Zone (EEZ) into what is commonly known as the “Area”, which is covered under Part XI of the United Nations Law of the Sea Convention, 1982 (UNCLOS).

Legal Framework governing the oceans:

• United Nations Convention on the Law of the Sea (UNCLOS):

• • UNCLOS serves as an exhaustive legal framework governing ocean constitution and management. It encompasses most internationally recognized maritime laws; customary international law remains a vital underpinning of sea law.

• • The “Area” under UNCLOS is defined as the seabed and ocean floor and subsoil thereof beyond the limits of national jurisdiction and is referred to as the common heritage of mankind. This means that it is available for everyone’s use and benefit, keeping future generations in mind.

• 1958 Geneva Conventions on the Law of the Sea:

• These include the Convention on the Territorial Sea and the Contiguous Zone, the Convention on the High Seas, the Convention on Fishing and Conservation of the Living Resources of the High Seas, and the Convention on the Continental Shelf, which address many of the same issues as UNCLOS.
• These Geneva Conventions largely derive their principles from customary international law, reinforcing their foundational significance in maritime legal doctrine.

Complexities within UNCLOS and Geneva Conventions -

• Article 311 of UNCLOS: It stipulates that this Convention supersedes the 1958 Geneva Conventions on the Law of the Sea among its signatories.
• Consequently, UNCLOS does not apply to non-signatory states which do not acknowledge the doctrines of the Exclusive Economic Zone (200 nautical miles) or the 'Area' (beyond 200 nautical miles).
• For instance, the United States is a signatory to the Geneva Conventions of 1958 but not UNCLOS, illustrating the complex interplay of international maritime agreements.
• Resource definition: Exploration and exploitation of the “Area” under UNCLOS are limited to the term “resources,” which is defined as all solid, liquid, or gaseous mineral resources in situ in the Area at or beneath the seabed, including polymetallic nodules. When recovered from the Area, resources are referred to as “minerals.”
• If this is the case, does the definition of the term “minerals” cover “freshwater”?
• Legal and Regulatory Challenges in the "Area": Given the scarcity of freshwater, future conflicts and geopolitical strategies will revolve around securing this vital resource. The "Area" could become a contested freshwater exploration and extraction zone.
• In the absence of specific legislation and terminology to govern and control the exploitation of resources beyond national jurisdiction—such as freshwater—the 'Area' is poised to become a focal point of controversy.
• Multiplicity of legislation: The issue is compounded by the existence of multiple pieces of legislation governing maritime law, which do not clearly address the emerging challenges.
• Regulatory authority: Under UNCLOS, the International Seabed Authority (referred to as the Authority) is empowered to administer and control the activities in the Area.
• Consequently, exploration of all minerals from the Area is required to be in accordance with the rules, regulations, and procedures laid down by the Authority.
• If the Authority regulates state parties to UNCLOS, who regulates state parties to the Geneva Conventions, especially in activities concerning mining and exploratory activities in the “Area”?

Way forward:

• International legislation: Considering the extensive efforts of the international community to achieve the Sustainable Development Goals, particularly in activities beyond national jurisdictions, crafting a comprehensive and non-controversial legislative framework that addresses the gaps in maritime law is imperative.
• This framework should especially focus on exploring freshwater resources in the 'Area.'
• India's potential leadership: India is well-positioned to spearhead the crafting of the legislative framework and steer global efforts towards more equitable and sustainable management of marine resources.
• Such an endeavour would be a prudent use of resources and more immediately beneficial to humanity than the costly pursuits of human settlement on Mars and the Moon.

Conclusion:

As freshwater scarcity intensifies, developing a clear, internationally accepted legislative framework is imperative to govern the exploration and exploitation of underground freshwater resources. Effective management under such a framework could mitigate future conflicts and ensure sustainable utilisation of this critical resource, benefiting current and future generations globally.