Improving Environmental Impact Assessment Procedures in Areas Beyond National Jurisdiction
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The international community is currently in the process of negotiating a newinternational legally-binding instrument under the United Nations Convention onLaws of the Sea to regulate marine biodiversity beyond national jurisdiction. Launched by the UN General Assembly in 2004, the purpose of the “biodiversitybeyond national jurisdiction” process was to assess the status of conservation andsustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ)and to investigate the potential need for further international cooperation. One of the potential elements for inclusion in the implementing agreement thatwas importantly discussed during the negotiating process is the implementation ofEnvironmental Impact Assessments (EIAs) in ABNJ. The use of EIAs in ABNJseems less controversial as states have shown broad support by institutionalizingsuch use under various international instruments. Nonetheless, states do not seem tohave reached the same stance on the procedural contents of EIAs. Therefore, thispaper explores some of the elements that state governments should particularlyconsider with respect to the procedural aspects of EIAs under the implementingagreement.
Abstract
The international community is currently in the process of negotiating a newinternational legally-binding instrument under the United Nations Convention onLaws of the Sea to regulate marine biodiversity beyond national jurisdiction. Launched by the UN General Assembly in 2004, the purpose of the “biodiversitybeyond national jurisdiction” process was to assess the status of conservation andsustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ)and to investigate the potential need for further international cooperation. One of the potential elements for inclusion in the implementing agreement thatwas importantly discussed during the negotiating process is the implementation ofEnvironmental Impact Assessments (EIAs) in ABNJ. The use of EIAs in ABNJseems less controversial as states have shown broad support by institutionalizingsuch use under various international instruments. Nonetheless, states do not seem tohave reached the same stance on the procedural contents of EIAs. Therefore, thispaper explores some of the elements that state governments should particularlyconsider with respect to the procedural aspects of EIAs under the implementingagreement.
참고문헌 (22)
- Alan Boyle, "The Environmental Jurisprudence of the International Tribunal for the Law of the Sea", International Journal of Marine and Coastal Law, 22 (2007)
- Environmental Impact Assessments in Areas Beyond National Jurisdiction, "Elisabeth Druel", The Institute for Sustainable Development and International Relations, ~, pp.Study No. 01 (2013), 03
- Lingjie Kong, "Environmental Impact Assessment under the United Nations Convention on the Law of the Sea", Chinese Journal of International Law, 10 (2011)
- Neil Craik, "The International Law of Environmental Impact Assessment:Process", Substance and Integration (2008)
- Robin Warner, "Research Handbook on International Marine Environmental Law 291" (2015)
- "Case Concerning Pulp Mills on the River Uruguay (Arg. v. Uru.), Judgment, 2010 I.C.J. 14", ~
- "Counter-Memorial of the United Kingdom, MOX Plant (Ir. v. U.K.) (Perm. Ct. Arb. Jan. 9, 2003)", ~
- "Gabcikovo-Nagymaros Project (Hung. v. Slovk.), 1997 I.C.J. 7 (Sept. 25)", ~
- Seabed Disputes Chamber of the International Tribunal for the Law of the Sea, "Responsibilities and Obligation of States Sponsoring Persons and Entities with respect to Activities in the Area, Advisory Opinion, Case No. 17", ~ (2011)
- "Conference of the Parties to the Convention on Biological Diversity, Eighth meeting, Curitiba, Brazil, Mar. 20-31, 2006, Report of the Eighth Meeting of the Parties to the Convention on Biological Diversity", UNEP, COP, pp.8, 31[DOI]
- "Conference of the Parties to the Convention on Biological Diversity, Eleventh Meeting, Hyderabad, India, Marine and Coastal Biodiversity: Revised Voluntary Guidelines for the Consideration of Biodiversity in Environmental Impact Assessments and Strategic Environmental Assessments in Marine and Coastal Areas, Note by the Executive Secretary", UNEP, COP, pp.11, 23[DOI]
- "Conference of the Parties to the Convention on Biological Diversity, Ninth Meeting, Bonn, May 19–30, 2008, Decision Adopted by the Conference of the Parties to the Convention on Biological Diversity at Its Ninth Meeting: IX", 20. Marine and Coastal Biodiversity, CBD, pp.COP, DEC[DOI]
- "Expert Workshop on Scientific and Technical Aspects Relevant to Environmental Impact Assessment in Marine Areas Beyond National Jurisdiction, Manila, Nov. 18-20, 2009, Report of the Expert Workshop on Scientific and Technical Aspects Relevant to Environmental Impact Assessment in Marine Areas Beyond National Jurisdiction", UNEP, EW-EIAMA, pp.2, 2009[DOI]
- "G.A. Res. 59", 24, U.N. Doc. A, 59, pp.24[DOI]
- "G.A. Res. 66", 288, U.N. Doc. A, 66, pp.288[DOI]
- "G.A. Res. 69", 292, U.N. Doc. A, 69, pp.292[DOI]
- "G.A., Letter dated 30 June 2011 from the Co-Chairs of the Ad Hoc Open-ended Informal Working Group to the President of the General Assembly, U.N. Doc. A", 66, pp.2011, ~
- "G.A., Report of the Preparatory Committee established by General Assembly resolution 69", 292: Development of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, AC.287, pp.2017, PC.4[DOI]
- "Informal Working Group on Environmental Impact Assessments, Oral Report of the Facilitator to the Plenary, Intergovernmental Conference on an International Legally Binding Instrument under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Biodiversity of Areas Beyond National Jurisdiction 4-17 September 2018", ~ (2018)
- International Law Commission, "Commentaries to the Draft Articles on Prevention of Transboundary Harm from Hazardous Activities, in Report of the International Law Commission, Fifty-Third Session, UN GAOR, 56th Sess., Supp. No. 10, UN DOC. A", 56, pp.2001, ~
- "Preparatory Committee Established by General Assembly Resolution 69", 292, Chair’s Streamlined Non-Paper on Elements of a Draft Text of an International Legally-Binding Instrument under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, Fourth Session, Jul. 10 –21, 2017
- "UNEP Principles on Conservation and Harmonious Utilization of Natural Resources Shared by Two or More States, UN Doc. UNEP", IG.12, pp.1978, ~