The Obligation to Conduct Environmental Impact Assessment in Areas Beyond National Jurisdiction: Proposals for a New Legal Regime

Abstract

This thesis discusses the obligation to conduct Environmental Impact Assessments (EIA) in Areas Beyond National Jurisdiction (ABNJ). In achieving its purpose, it first provides a general understanding of the EIA concept and its importance as a management tool to protect marine biological diversity in ABNJ. Followed by a review of the EIA current legal framework applicable in ABNJ, examining its shortcomings and indicating the challenges for EIAs implementation in ABNJ. However, the core of the thesis aims at examining the proposals and recommendations of the PrepCom regarding such obligation. It Analyzes whether such proposals and recommendations on matters which there were divergences and lack of consensus, could either strengthen or weaken EIA obligations in ABNJ. Further proposals for strengthening the obligation to conduct EIA to protect marine biological diversity in ABNJ are also provided.