scholarly journals Environmental impact assessments in areas beyond national jurisdiction

2021 ◽  
Author(s):  
◽  
Amy Boyes
Keyword(s):  
Environmental Impact ◽  
International Law ◽  
Environmental Impact Assessments ◽  
International Obligation ◽  
National Jurisdiction ◽  
Marine Areas

<p>A state that wishes to proceed with an activity or development has an obligation to undertake an assessment of the risks that activity will have on the environment. This obligation has been generally accepted in domestic and international law, and is often conducted in domestic and trans boundary areas. However, the application of the obligation in marine areas beyond national jurisdiction has been fragmented, with many activities and areas not being assessed. This paper looks at the international obligation to conduct an EIA in areas beyond national jurisdiction, and discusses the possibility of the development of an implementation agreement that would enhance and specify the requirement to conduct an EIA in areas beyond national jurisdiction.</p>

scholarly journals Environmental impact assessments in areas beyond national jurisdiction

2021 ◽  
Author(s):  
◽  
Amy Boyes
Keyword(s):  
Environmental Impact ◽  
International Law ◽  
Environmental Impact Assessments ◽  
International Obligation ◽  
National Jurisdiction ◽  
Marine Areas

<p>A state that wishes to proceed with an activity or development has an obligation to undertake an assessment of the risks that activity will have on the environment. This obligation has been generally accepted in domestic and international law, and is often conducted in domestic and trans boundary areas. However, the application of the obligation in marine areas beyond national jurisdiction has been fragmented, with many activities and areas not being assessed. This paper looks at the international obligation to conduct an EIA in areas beyond national jurisdiction, and discusses the possibility of the development of an implementation agreement that would enhance and specify the requirement to conduct an EIA in areas beyond national jurisdiction.</p>

Part I Commercial Arbitration in the Energy Sector, 6 Mining Disputes

2018 ◽  
Author(s):  
Heffron Raphael J
Keyword(s):  
Environmental Impact ◽  
International Law ◽  
Iron Ore ◽  
Legal Framework ◽  
Mining Activity ◽  
Mining Sector ◽  
Commercial Arbitration ◽  
Environmental Impact Assessments ◽  
Energy Projects ◽  
Energy Justice

This chapter looks at recurring questions relating to the mining of natural resources (including coal, uranium, iron ore, and titanium, to name a few) which are important for energy projects around the globe. Despite its long history — international commercial mining activity has been common since the early 1800s — the mining sector has never established its own legal framework or mining-specific international law. Hence, the chapter discusses how mining-related laws, regulations, and disputes are the cross-road of conflicting, and sometimes contradicting, drivers: economics, politics, and environmental protection. It also describes several mechanisms aimed at preventing disputes, and recurrent issues in the mining sector: these include environmental impact assessments, social licences to operate, so-called ‘clean-up obligations’, and increased transparency obligations. Finally, this chapter applies the concept of ‘energy justice’ to disputes in the mining sector.

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.

Implementing the Duty to Cooperate under the 1982 UNCLOS for the Conservation and Sustainable Use of Biodiversity in Areas beyond National Jurisdiction under a New BBNJ Agreement

2021 ◽  
Vol 9 (2) ◽  
pp. 174-195
Author(s):  
Nilufer Oral
Keyword(s):  
Environmental Impact ◽  
Marine Environment ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Management Tools ◽  
Environmental Impact Assessments ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
Marine Technology ◽  
Broad Framework

Abstract This article examines the duty to cooperate under the United Nations Convention on the Law of the Sea (UNCLOS) in relation to the obligations of States to protect and preserve the marine environment and in relation to the protection of the marine environment in areas beyond national jurisdiction. It demonstrates that the new Biodiversity Beyond National Jurisdiction (BBNJ) Agreement plays an important role in creating the necessary mechanisms for cooperation, thereby fulfilling the multiple obligations that States have under UNCLOS to cooperate regarding the protection and preservation of areas beyond national jurisdiction. Additionally, the BBNJ Agreement provides an important opportunity for States to effectively operationalize the UNCLOS provisions for marine scientific research, as well as the development and transfer of marine technology and capacity building. This article further analyses the duty to cooperate in relation to area-based management tools and environmental impact assessments, which are also key components of a broad framework of global cooperation under the BBNJ Agreement.

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