Improving Environmental Impact Assessment Procedures in Areas Beyond National Jurisdiction

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.