The interaction between the BBNJ Agreement and the ISA regulatory regime: a case study on the EIA and ABMT

Abstract

The imminent exploitation of the deep seabed needs to be tackled with measures for the protection of the marine environment. The ISA has already in place a regulatory regime that partially addresses the protection of the marine environment, in combination with the regulation for the development of the exploitation of the deep seabed. However, in the middle of this regulatory landscape, the BBNJ Agreement appears as a new legal instrument with the purpose of achieving a sustainable use and conservation of ABNJ, including the Area. Thus, for the achievement of this purpose, interactions between the regulatory regime of the ISA and the BBNJ Agreement will be necessary. This thesis examines the possible synergies among the two regulatory regimes for the ABMT and EIA rules.