Freshwater Under The Sea

Source: (Freshwater quest, the likely new gold hunt, The Hindu, May 11)

The discovery of vast freshwater reserves beneath the ocean floor offers a potential solution to the global water scarcity crisis. This raises legal and ethical questions regarding extraction from international waters. The passage explores the need for international cooperation to develop a sustainable framework for managing this vital resource, highlighting India’s potential leadership role.

Exploring Freshwater Reserves Under the Sea

Unexpected Discoveries:

Freshwater found under ocean while drilling boreholes off New Jersey coast in the 1960s.
Team of scientists from Vietnam and other countries discover underwater freshwater sources.
River under Black Sea found, 100 feet deep with flow rate of 4 miles per hour.

Significance of Underwater Rivers:

Undersea rivers contain significant water volumes.
Scientific evidence confirms existence of rivers under the sea.

Global Freshwater Distribution:

Water Volume on Earth

Earth’s total water volume: 1.386 billion km3.
97.5% salt water, 2.5% freshwater.

Distribution of Freshwater

Only 0.3% freshwater in liquid form on surface.
Rest of freshwater underground, including under ocean bed.

Future Prospects of Freshwater Exploration

Depleting Resource: Freshwater is depleting globally.

Expanding Exploration:

Countries will explore freshwater within maritime zones.
Exploration may extend beyond Exclusive Economic Zone (EEZ).
UNCLOS defines “Area” as seabed beyond national jurisdiction.
“Area” is common heritage, available for all future generations.

Navigating the Law of the Sea

UNCLOS is primary source.
Customary international law also important.

Key Conventions:

UNCLOS covers ocean governance comprehensively.
Geneva Conventions (1958) address similar issues.
Both UNCLOS and Geneva Conventions based on customary law.

UNCLOS vs. Geneva Conventions:

Article 311 of UNCLOS prevails over Geneva Conventions among state parties.
Non-signatory states not bound by UNCLOS.
Non-signatory states may not recognize Exclusive Economic Zone (EEZ) or “Area” beyond EEZ.
United States signed Geneva Conventions but not UNCLOS.

Exploration and Exploitation in the “Area”

UNCLOS limits exploration in “Area” to mineral resources.
Definition includes minerals on or beneath seabed.
Does this include freshwater?

Authority and Regulation:

International Seabed Authority (the Authority) administers “Area” activities under UNCLOS.
UNCLOS state parties regulated by the Authority.
Who regulates non-UNCLOS state parties in “Area” activities, especially mining and exploration?

A Zone of Exploration: Future of Freshwater in the “Area”

Potential Conflict Over Water:

Next wars predicted to be fought over water scarcity and territorial expansion.
Freshwater to become scarce and costly in future.

Freshwater Exploration in the “Area”:

“Area” may become prime zone for freshwater exploration and extraction.
Similar to oil wells, freshwater wells could be identified and capped for future use.

Legislative Challenges:

Lack of specific laws and terms governing resource exploration beyond national jurisdiction.
Multiple legislations governing law of the sea complicate matters.

Call for Legislative Action:

Need for non-controversial legislation addressing freshwater exploration beyond national jurisdictions.
Sustainable Development Goals and global efforts for activities beyond national jurisdictions emphasize importance of addressing lacunae.
India could play lead role in developing such legislation.

Benefits for Mankind:

Focus on freshwater exploration in the “Area” could benefit humanity.
Emphasizes practical solutions over costly ventures like settlement plans on Mars and the moon.