Environmental Impact Assessment for Deep-Sea Mining: from Exploration to Exploitation and Relevance of the BBNJ Agreement

This article considers the existing elements of the Environmental Impact Assessment (EIA) regime for deep-sea mining activities (DSM EIA regime) in areas beyond national jurisdiction, and analyses whether EIA is adequate in terms of environmental protection. To assess adequacy, EIA is elaborated upon as a due diligence obligation to ensure effective environmental protection and the obligation of reasonable regard for other activities in the marine environment. In addition, it includes effective stakeholder consultation and environmental monitoring. Also relevant to the deep-sea mining EIA regime are the provisions and institutional mechanisms of the recently concluded BBNJ Agreement, especially in terms of the obligation or duty to cooperate.