ABSTRACT

The aim of the article is to show how international law affects the operation of submarine pipeline laying activities in the Baltic Sea region. By interpreting the UNCLOS provisions, the specifics of submarine pipeline laying activities are outlined, together with the obligations of laying party towards the environment and the international community. The EIA procedure is positioned within the framework of the pipeline laying process, taking into account the Polish national law regulating this matter and the European Parliament and Council Directive No 2011/92/EU. Based on the jurisprudence of international tribunals, normative acts and legislative work on new mechanisms, it is necessary to present not only the current legal reality, but also the path that the international community intends to take in the future. The analysis of EIA legislation is an aspect that is also relevant from the perspective of the current events taking place in the Baltic Sea area. The failure of the Nord Stream gas pipelines on 26 September 2022 leaves a lot of space to reflect on the necessity of the so-called post-project analysis. The purpose of this article is to argue that failure to conduct such a post-project analysis, which is a form of environmental impact assessment as referred to in the Espoo Convention of 25 February 1991, constitutes a violation of the norms of the international law.