Strategic Environmental Assessment in Marine Areas beyond National Jurisdiction: Implementing Integration

作者：Neil Craik, Kristine Gu · 发表于：The International Journal of Marine and Coastal Law · 年份：2022 · DOI：10.1163/15718085-bja10091 · 被引用次数：9 · 研究领域：International Maritime Law Issues、Environmental and Social Impact Assessments、International Arbitration and Investment Law

Abstract 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 .