The Obligation of EIA in the International Jurisprudence and Its Impact on the BBNJ Negotiations

Environmental impact assessment (EIA) has been widely recognized as a crucial instrument for sound decision-making that will promote environmental conservation and sustainable development. International jurisprudence clarified the obligation of EIA under customary international law, especially concerning its legal status, threshold standards, procedural requirements, well issue State responsibility. As suggested by this article, tribunals tend to adopt procedural-oriented State-based approach regarding EIA, leaving more discretion States pursuing proposed activities. This is insufficient realize role in fostering decision-making. BBNJ negotiations, light status Area law established rules governing issues three Regulations Recommendations adopted ISA, future implementation agreement should reinforce regulations substance obligations.