{"title":"国家管辖范围以外海洋区域的战略环境评估:实施一体化","authors":"N. Craik, Kristine Gu","doi":"10.1163/15718085-bja10091","DOIUrl":null,"url":null,"abstract":"\n Whereas environmental impact assessment (EIA) is broadly accepted as a legal requirement for managing the marine environment in areas beyond national jurisdiction (ABNJ), there has been a greater reluctance by States to adopt strategic environmental assessment (SEA) requirements. This suggests the legal basis for SEA is different and less firmly established in international law than EIA. This article examines the distinct legal and policy roles of SEA in managing ABNJ, which then informs our understanding of its legal basis. We argue, unlike EIA’s close association with due diligence obligations to prevent harm, SEA is better understood as a legal mechanism for the implementation of the principle of integration. Recognised as central to marine governance, integration has normative dimensions that must be addressed by States. SEA, we argue, is well-suited to this task. This article addresses SEA for ABNJ generally, but attention is paid to negotiations regarding marine biodiversity of ABNJ.","PeriodicalId":45173,"journal":{"name":"International Journal of Marine and Coastal Law","volume":" ","pages":""},"PeriodicalIF":1.3000,"publicationDate":"2022-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Strategic Environmental Assessment in Marine Areas beyond National Jurisdiction: Implementing Integration\",\"authors\":\"N. Craik, Kristine Gu\",\"doi\":\"10.1163/15718085-bja10091\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n Whereas environmental impact assessment (EIA) is broadly accepted as a legal requirement for managing the marine environment in areas beyond national jurisdiction (ABNJ), there has been a greater reluctance by States to adopt strategic environmental assessment (SEA) requirements. This suggests the legal basis for SEA is different and less firmly established in international law than EIA. This article examines the distinct legal and policy roles of SEA in managing ABNJ, which then informs our understanding of its legal basis. We argue, unlike EIA’s close association with due diligence obligations to prevent harm, SEA is better understood as a legal mechanism for the implementation of the principle of integration. Recognised as central to marine governance, integration has normative dimensions that must be addressed by States. SEA, we argue, is well-suited to this task. This article addresses SEA for ABNJ generally, but attention is paid to negotiations regarding marine biodiversity of ABNJ.\",\"PeriodicalId\":45173,\"journal\":{\"name\":\"International Journal of Marine and Coastal Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":1.3000,\"publicationDate\":\"2022-03-28\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Marine and Coastal Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1163/15718085-bja10091\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Marine and Coastal Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1163/15718085-bja10091","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Strategic Environmental Assessment in Marine Areas beyond National Jurisdiction: Implementing Integration
Whereas environmental impact assessment (EIA) is broadly accepted as a legal requirement for managing the marine environment in areas beyond national jurisdiction (ABNJ), there has been a greater reluctance by States to adopt strategic environmental assessment (SEA) requirements. This suggests the legal basis for SEA is different and less firmly established in international law than EIA. This article examines the distinct legal and policy roles of SEA in managing ABNJ, which then informs our understanding of its legal basis. We argue, unlike EIA’s close association with due diligence obligations to prevent harm, SEA is better understood as a legal mechanism for the implementation of the principle of integration. Recognised as central to marine governance, integration has normative dimensions that must be addressed by States. SEA, we argue, is well-suited to this task. This article addresses SEA for ABNJ generally, but attention is paid to negotiations regarding marine biodiversity of ABNJ.
期刊介绍:
The International Journal of Marine and Coastal Law addresses all aspects of marine and coastal law. In addition to normal in-depth scholarly articles, the Journal contains a distinctive feature: a vigorous ‘Current Legal Developments’ section which provides notes and commentary on international treaties and case law, national statute law, national court decisions, and other aspects of state practice; includes the relevant original documentation where appropriate; and monitors developments in relevant international organizations at a global and regional level. The format also includes a book review section.