Freshwater Quest, the Likely New Gold Hunt

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Context

Discovery of freshwater sources under the ocean bed raises legal and jurisdictional questions regarding exploration and exploitation, particularly in international waters.

Legal Framework and Jurisdictional Issues:

UNCLOS and Customary International Law: UNCLOS governs most aspects of the law of the sea, but customary international law remains influential. However, UNCLOS prevails over the Geneva Conventions on the Law of the Sea, creating complexities in legal applicability.
Definition of Resources and Regulation: UNCLOS defines resources in the "Area" as including minerals, raising questions about whether freshwater qualifies as a mineral. The International Seabed Authority regulates exploration and exploitation in the "Area" but lacks clarity on freshwater extraction.
Challenges in Enforcement and Regulation: Lack of specific legislation for freshwater extraction beyond national jurisdiction complicates governance. With water scarcity becoming a global concern, addressing legal gaps and harmonizing regulations is imperative.

Implications for International Relations and Sustainable Development:

Potential Conflict over Resources: As freshwater scarcity intensifies, international disputes over water rights and access may escalate, posing challenges to peace and stability.
Need for Collaborative Solutions: Addressing freshwater exploration and extraction in international waters requires collaborative efforts among nations to ensure equitable access and sustainable management.
Role of India in Global Leadership: Given India's commitment to Sustainable Development Goals, it can play a pivotal role in spearheading initiatives for regulating freshwater exploration in international waters, fostering cooperation among nations.