Strengthening Environmental Impact Assessment Obligations of Deep Seabed Mining in Areas beyond National Jurisdiction

Abstract Fifty-two years since the 1972 Declaration of the United Nations Conference on the Human Environment, deep seabed mining in areas beyond national jurisdiction remains controversial and widely discussed. In times of global demand for metals that are necessary to ensure energy transition and achieving a low-carbon society, the matter is becoming more convoluted. It is unclear if and what States will agree on as a common approach to deep seabed mining, or what relevance will be given to scientific evidence regarding any serious and irreparable harm to the marine environment it causes. This article examines the matter from a multidisciplinary approach and proposes that the new implementing agreement of the United Nations on the Law of the Sea on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction offers an opportunity for strengthening environmental impact assessment obligations of deep seabed mining in these areas.