Abstract
The aim of this contribution is to analyse the award rendered in 2024 by an ICSID Tribunal in the investor-State dispute of Odyssey Marine v. Mexico. The case concerns the refusal by Mexico of an environmental permit for Odyssey’s seabed mining project due to environmental concerns, which prompted the company to claim that Mexico had violated several provisions of the North American Free Trade Agreement. This contribution argues that two main takeaways may be inferred from the Award. First, it underscores the tension between the legal protection of foreign investments and the necessity to protect the marine environment. Second, the Award highlights the controversial nature of the phenomenon of deep-seabed mining as well as the necessity to have clear legal frameworks in place to examine whether and under which conditions seabed mining could take place.
| Original language | English |
|---|---|
| Number of pages | 8 |
| Journal | CEPMLP Annual Review |
| Volume | 22 |
| DOIs | |
| Publication status | Published - 29 Apr 2025 |
Keywords
- Deep-seabed mining
- Investor-State arbitration
- Marine environment
- Right to regulate
- Fair and equitable treatment
Access to Document
- Final published version
Copyright © 2025 The Author. This is an open-access article distributed under the terms of the Creative Commons Attribution licence, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.