Tonga is actively evaluating a new deep sea mining agreement with Canadian-based The Metals Company (NASDAQ: TMC), a potential expansion of their existing collaboration that began in 2021 under the International Seabed Authority (ISA) framework for exploration in the Clarion Clipperton Zone (CCZ).
Drew Havea of Tonga’s Civil Society Forum stated that the government had invited the group to provide input on the proposed agreement with The Metals Company.
The proposed deal could position Tonga at the forefront of evolving international frameworks, with the new agreement anticipated to align with a parallel regulatory pathway recently advanced by the United States. This dual-path strategy highlights a significant moment for the industry, as both the ISA and U.S. authorities seek to shape the regulatory future of commercial deep sea mining in international waters.
Tonga, like Nauru, holds strategic rights to areas within the CCZ under international oceans law. In June, TMC reached a revised agreement with Nauru that established potential revenue-sharing terms under the emerging U.S. framework. A similar structure for Tonga could provide new opportunities for economic participation in the sector, while also testing the boundaries of existing international regimes.
However, the proposal has sparked concern among domestic civil society groups and legal experts, particularly regarding environmental risks and procedural transparency. Tonga’s Civil Society Forum has voiced opposition to expanded mining activity, emphasizing the potential liabilities the country may face as a sponsoring state.
Questions have also been raised about the approval process for the original 2021 contract with TMC. A 2023 independent review found ambiguity around whether the agreement received formal Cabinet authorization, a requirement under Tongan law.
At the international level, legal scholars caution that adopting the U.S.-based framework could create tension with Tonga’s obligations under the UN Convention on the Law of the Sea. The ISA is currently reviewing the actions of several contractors, including TMC, to ensure adherence to exploration rules, particularly where alternate regulatory channels are being pursued.
As regulatory pathways evolve and commercial interest accelerates, Tonga’s decision could serve as a precedent for other Pacific nations. Whether it deepens its involvement or adopts a more cautious approach, the country is positioned to play an influential role in the shaping of responsible deep sea mining governance.
