Mitigating Human Impacts on Marine Biodiversity Beyond National Jurisdiction

Environmental impact assessment (eia) is a critical element in the suite of tools for biodiversity conservation, and its application to activities affecting the marine environment is endorsed in many international law instruments, policy statements by governments and international organisations and the decisions of international tribunals. While governance structures will generally exist to facilitate environmental assessment 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 highlighting 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 currently being negotiated in the United Nations.