Practical and Institutional Aspects of Environmental Impact Assessments in Areas beyond National Jurisdiction

The international community is currently in the process of negotiating an international legally binding instrument (ILBI) to regulate marine biodiversity in areas beyond national jurisdiction (ABNJ) under the United Nations Convention on the Law of the Sea (UNCLOS). One of the potential elements for inclusion in the ILBI, that is being importantly discussed, is the implementation of environmental impact assessments (EIAs). Although the use of EIAs in ABNJ has gained broad support by state parties, they do not seem to have reached consensus on how EIAs should be implemented along with their content and procedural elements. Among different views and options suggested during the Intergovernmental Conference so far, in my view, there are some of the fundamental questions that need to be addressed from practical and institutional aspects and they are as follows: (1) What is the scope of activities that are subject to EIAs under the ILBI?; (2) How could the transparency of the EIA process be ensured?; (3) What role should be given to the Scientific and Technical Body under the ILBI?; (4) What is the relationship between the ILBI and other relevant legal instruments and frameworks? This article seeks answers to these questions which would be critical in proceeding and, eventually, completing the negotiations on the EIA regime under the ILBI.