Mitigating human impacts on marine biodiversity beyond national jurisdiction: Potential benefits of the international legally binding instrument
Warner, R. (2021). Mitigating human impacts on marine biodiversity beyond national jurisdiction: Potential benefits of the international legally binding instrument, in: Nordquist, M.H. et al. Marine biodiversity of areas beyond national jurisdiction. Center for Oceans Law and Policy, 24: pp. 167-188. https://dx.doi.org/10.1163/9789004422438_010
In: Nordquist, M.H.; Long, R. (Ed.) (2021). Marine biodiversity of areas beyond national jurisdiction. Center for Oceans Law and Policy, 24. Brill|Nijhoff: Leiden, Boston. e-ISBN 978-90-04-42243-8. XX, 379 pp., more
In: Center for Oceans Law and Policy. Martinus Nijhoff: The Hague; London; New York. ISSN 1872-7158, more
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| Keywords |
Conservation
Environmental Management > Environmental Impact Assessment
Environments > Aquatic environment > Marine environment
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| Author keywords |
Marine biodiversity – areas beyond national jurisdiction – international law – United Nations Convention on the Law of the Sea – Convention on Biological Diversity |
| Abstract |
Environmental impact assessment (eia) is a critical element in the suite of tools for biodiversity conservation, and its application to activities affecting the marine envi-ronment is endorsed in many international law instruments, policy statements by gov-ernments and international organisations and the decisions of international tribunals. While governance structures will generally exist to facilitate environmental assess-ment in marine areas within national jurisdiction closer to the shore, these structures are still developing for marine areas beyond national jurisdiction (abnj). This chapter reviews the existing international law and policy framework for eia in abnj highlight-ing key gaps in legal and institutional coverage at global, regional and sectoral levels. It explores the complex challenges involved in implementing eia in abnj and the steps that have been taken within particular sectors to develop a more comprehensive and robust legal framework for eia in these extensive areas of the ocean. Finally, it discuss-es the options for incorporating eia provisions in the internationally legally binding instrument for conservation and sustainable use of marine biodiversity in abnj cur-rently being negotiated in the United Nations. |
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