Considerazioni critiche sull’obbligo di condurre una valutazione d’impatto ambientale nel diritto internazionale

Not a few uncertainties still surround the obligation to carry out an environmental impact assessment under international law. This paper aims at shedding light on debated issues such as the legal status of the norm, the extent of its scope, the determination of the obligation’s content, and the legal consequences stemming from possible violations. With specific regard to the content of the norm, the paper seeks to clarify how much weight international courts and tribunals attach to soft law instruments adopted by technical bodies when called upon to determine the content of the obligation in a given case.