Building an Integrated Scheme for Environmental Impact Assessments in Areas beyond National Jurisdiction

With respect to the development of an international legally binding instrument (BBNJ instrument) under the United Nations Convention on the Law of the Sea (UNCLOS) to regulate marine biodiversity beyond national jurisdiction, the issue of implementing environmental impact assessments (EIAs) is an important part of the negotiations. An EIA is a tool that is used to identify the environmental, social and economic impacts of a project prior to decision-making. It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decision-makers. Currently, almost all state parties seem to agree on the establishment of an EIA scheme under the BBNJ instrument. This is true because states have shown broad support by institutionalizing such use under various international instruments and frameworks. Furthermore, EIAs have been developed as customary practice which has been recognized by international courts. Unfortunately, however, they do not seem to have reached consensus on the technical elements including the contents of EIAs and a means of their implementation. Therefore, this article examines the potential elements that state parties should pay particular attention to regarding those elements in building the integrated scheme for EIAs in ABNJ.