Environmental impact assessments in areas beyond national jurisdiction

Abstract

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.