The itlos Jurisprudence Regarding the Procedural Obligation to Conduct an Environmental Impact Assessment and Its Significance for Deep Seabed Mining

Abstract

The present work deals with the contribution of the International Tribunal for the Law of the Sea to the interpretation of the obligation to conduct an environmental impact assessment. Against this backdrop, the article pursues a twofold objective. On the one hand, it reinforces the idea that the case law of the Tribunal influenced ongoing regulating initiatives in the legal regime governing marine areas beyond national jurisdiction. On the other hand, considering the possible commencement of deep seabed mining activities in the Area, the article aims to demonstrate that the Tribunal could further clarify the legal basis of the eia obligation for exploitation purposes by building on its jurisprudence. This topic becomes particularly relevant in light of the “two-year rule” housed in Section 1(15) of the Annex to the 1994 Implementation Agreement and the absence of comprehensive and robust regulations.