The need for an international mining treaty in an era of economic wars over critical minerals

Introduction
At a time when the energy and digital transition is gathering pace, so-called “critical” minerals – such as lithium, cobalt, rare earths and nickel – are becoming key strategic resources. At the same time, as environmental, geopolitical and social crises intensify, governance of the mining sector is proving more crucial than ever. Mining resources, essential to the energy transition and the digital economy, are the focus of a frantic global race. In this tense context, the absence of binding international standards poses major challenges in terms of sustainability, respect for human rights and economic justice. The adoption of an international treaty in the mining sector is therefore becoming a strategic and ethical necessity. The control of mining is increasingly crystallizing geopolitical tensions, in a context of “economic wars” where states vie for influence to secure their supply chains.Faced with this heightened competition, often to the detriment of sustainability and human rights, the adoption of an international treaty in the mining sector is becoming a strategic and ethical necessity.

Critical minerals: a global strategic issue, but a high-risk one

Critical minerals are essential to the manufacture of green technologies (batteries, solar panels, wind turbines) and to defense and telecommunications systems. Yet it is a fact that their extraction is often associated with serious socio-environmental impacts: deforestation, water pollution, forced displacement, violations of workers’ rights, not to mention the financing of armed conflicts in certain regions.
The concentration of production in a few countries makes markets extremely vulnerable to disruption.
Against this backdrop, developed countries are stepping up their grabbing strategies, by signing exclusive partnerships, financing mining projects abroad, or setting up subsidy and strategic storage mechanisms. This dynamic accentuates economic rivalries, encourages aggressive extractive practices and undermines international cooperation.

The limits of the existing legal framework
To date, there is no specific international treaty governing the extraction, trade and sustainability of critical minerals. Current rules are fragmented, and national legislation is unevenly applied. This situation creates regulatory competition between states, often to the detriment of social and environmental standards. Mining companies are thus able to relocate their activities to the least demanding countries, perpetuating a predatory extractivist model.
The absence of a binding framework paves the way for illegal exploitation, corruption, violations of workers’ rights, environmental damage and even the financing of armed conflict.

The benefits of a binding international treaty
An international treaty could establish :
– Universal binding standards: These will establish common legal obligations on the rights of local communities, environmental responsibility and protection, contract transparency, traceability and corporate duty of care throughout the supply chain.
– Strengthening climate and social justice: The mining sector is at the heart of the energy transition. However, this transition can only be fair if it does not reproduce the injustices of the past. A treaty would guarantee a fair distribution of benefits and responsibilities, particularly with regard to the often-exploited countries of the South.
– Provide a framework for multilateral cooperation: In the face of rising tensions over critical resources, a treaty would provide a platform for resolving disputes, encouraging the sharing of sustainable extraction technologies, and supporting developing countries in the management of their resources.
– Multilateral arbitration in the event of commercial or environmental disputes.
– Guarantees for producing countries, particularly those in the South, so that they benefit equitably from economic spin-offs, while strengthening their institutional capacities.
Towards ethical and sustainable mining governance
This treaty would also accelerate the harmonization of public policies between states and promote an ethical supply chain. It would help put international cooperation back at the heart of strategic issues, guaranteeing economic peace and limiting indirect confrontations over resources.

Conclusion
Critical minerals are the oil of the 21st century. Their scarcity, strategic importance and the tensions they generate call for a collective response. The creation of an international treaty in the mining sector is not a utopian dream, but an urgent political, economic and moral necessity.
Like international treaties on climate or biodiversity, a global legal framework for the mining sector has become essential. Inaction would reinforce the dynamics of exploitation and geopolitical imbalances, whereas international cooperation could, on the contrary, pave the way for responsible, equitable and sustainable exploitation of mining resources. It’s time for the international community to assume its responsibilities and work towards the creation of an ambitious treaty that will bring justice to people and the planet.

 

References
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Sr. Berlaine Kola