scholarly journals Oceans beyond Boundaries: Environmental Assessment Frameworks

2012 ◽  
Vol 27 (2) ◽  
pp. 481-499 ◽  
Author(s):  
Robin Warner
Keyword(s):  
International Law ◽  
Marine Environment ◽  
Environmental Assessment ◽  
Potential Role ◽  
Ad Hoc ◽  
Strategic Environmental Assessment ◽  
Customary International Law ◽  
National Jurisdiction ◽  
Marine Areas

Abstract The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives being taken by the international community to develop a more comprehensive legal and institutional framework for EIA and SEA of activities affecting ABNJ. It examines the role of sectoral environmental assessment in ABNJ, as well as the potential role of global guidelines for EIA and SEA of activities affecting ABNJ.

Environmental Assessment in Marine Areas Beyond National Jurisdiction: Practice and Prospects

2017 ◽  
Vol 111 ◽  
pp. 252-255
Author(s):  
Robin Warner
Keyword(s):  
Human Activity ◽  
Marine Environment ◽  
Environmental Assessment ◽  
Marine Pollution ◽  
Scientific Research ◽  
Marine Ecosystems ◽  
Marine Resources ◽  
Governance Structures ◽  
National Jurisdiction ◽  
Marine Areas

Knowledge of the threats posed to the oceans by human activity has expanded beyond marine pollution to encompass recognition of the risks posed to vulnerable marine ecosystems (VMEs) by overfishing, destructive fisheries practices, and invasive exploitation of living and nonliving marine resources. However, with the still-developing state of marine scientific research, the majority of activities at sea continue to occur with limited knowledge of their impacts on the marine environment. In this climate of uncertainty, environmental assessment assumes heightened importance. While governance structures will generally exist to facilitate environmental assessment in marine areas within national jurisdiction, these structures are still developing for marine areas beyond national jurisdiction (ABNJ).

Weaving a Tangled Web:Hapeand the Obfuscation of Canadian Reception Law

2008 ◽  
Vol 45 ◽  
pp. 55-96 ◽  
Author(s):  
John H. Currie
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Potential Role ◽  
Supreme Court Of Canada ◽  
Customary International Law ◽  
The Rule Of Law ◽  
Legal Obligations ◽  
Canadian Law ◽  
The Relationship

SummaryThe majority Supreme Court of Canada judgment inHape— a case concerning extraterritorial applicability of theCanadian Charter of Rights and Freedoms— is premised on three aspects of the relationship between international and Canadian law: (1) the interaction of customary international law and Canadian common law; (2) the role of Canada’s international legal obligations inCharterinterpretation; and (3) the potential role of customary international law as a source of unwritten principles of the Canadian Constitution. This article reviews pre-existing law in all three of these areas and analyzes a number of innovations apparently introduced thereto, with little or no explanation, by the majority inHape. It concludes thatHapeseriously exacerbates an already uncertain relationship between international and Canadian law, with fundamental consequences for the rule of law in Canada.

PROTECTION AND PRESERVATION OF THE ARCTIC MARINE ENVIRONMENT

2015 ◽  
Vol 24 (1) ◽  
pp. 159-189
Author(s):  
Claudia Cinelli
Keyword(s):  
Arctic Ocean ◽  
International Law ◽  
Marine Environment ◽  
Legal Status ◽  
Ad Hoc ◽  
The Arctic ◽  
General Interest ◽  
The Arctic Ocean ◽  
Common Interests ◽  
Marine Areas

Unique geographical and physical specificities characterize the Arctic as an extreme and fragile marine environment. Arctic specificities differ from those of any other environment in relation to which most general principles of international law have developed. International law is usually related to the regulation of the physical environment including the distinct issues of soil, water and the atmosphere rather than a combination of these components, as is the case in the ice-covered marine areas such as those composing most of the Arctic Ocean. From both historical and contemporary perspectives, the ‘Arctic question’ has typically been: does the presence of ice change the legal status of the Arctic Ocean? The answer is decidedly no. The so-called Arctic exception, relating to Article 234 UNCLOS, is clearly the exception that proves the rule. This study focuses on how both the sovereignty-based approach and the general interest approach each address the dynamic evolution of Arctic marine environmental challenges in line with UNCLOS, the “Constitution for the Oceans”. This, however, does not preclude the special conditions of the Arctic environment being factored in when Arctic and non-Arctic entities seek feasible ad hoc solutions for cooperation on common interests and concerns.

STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA: OPPORTUNITIES, ISSUES AND CHALLENGES

2009 ◽  
Vol 11 (04) ◽  
pp. 369-385 ◽  
Author(s):  
KIN-CHE LAM ◽  
YONGQIN DAVID CHEN ◽  
JING WU
Keyword(s):  
Environmental Assessment ◽  
Potential Role ◽  
Harmonious Society ◽  
Strategic Environmental Assessment ◽  
Political Resistance ◽  
Political Reality ◽  
Literature Reviews ◽  
Other Information ◽  
Current Emphasis

Based on literature reviews, case studies and other information available on the web, this paper examines the evolution and status of strategic environmental assessment in China by reviewing the progress that has been made; discussing the issues and problems encountered and exploring the best way forward. It is suggested that the Chinese EIA system has evolved over the years to cope with the rapidity and scale of development in China and the current emphasis on Plan EIA is probably the most appropriate form of SEA given the political reality and complicated institution setup. Given China's environmental and resource problems, the paper affirms the potential role of SEA in fostering a sustainable and harmonious society and the need to mainstream sustainability considerations in the formulation of national plans and strategies. To circumvent political resistance from line agencies, the paper suggests that SEA can be applied, in various names and forms, to national and provincial socio-economic plans.

Customary International Law

2021 ◽  
Author(s):  
Pierre-Marie Dupuy ◽  
Keyword(s):  
General Practice ◽  
International Law ◽  
Complex Relationship ◽  
Customary International Law ◽  
Progressive Development ◽  
The World ◽  
International Law Commission ◽  
Law Commission

International custom “as evidence of a general practice accepted as law”, is considered one of the two main sources of international law as it primarily derives from the conduct of sovereign States, but is also closely connected with the role of the international judge when identifying the applicable customary rule, a function it shares with the bodies in charge of its codification (and progressive development), starting with the International Law Commission. Though mainly considered to be general international law, international custom has a complex relationship with many specific fields of law and specific regions of the world. The editor provides comprehensive research published in the last seven decades, invaluable to everyone interested in the field of customary international law.

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