Chapter 19: Implementing environmental impact assessment in areas beyond national jurisdiction: Epistemic, institutional and normative challenges
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The implementation challenges for environmental impact assessment (EIA) in areas beyond national jurisdiction (ABNJ) are a product of the complex decision-making environment that arises in ABNJ. At its heart, EIA regulates public decision-making, and, as such, the implementation of EIA will reflect the scientific, institutional and normative conditions in which those decisions are undertaken. The animating premise of this chapter is that those conditions are sufficiently unique in ABNJ to give rise to questions about whether EIA processes can be expected to operate in the same manner as EIAs implemented in domestic and transboundary contexts. This chapter examines the implementation of EIA in four areas of ABNJ environmental decision-making: deep seabed mining, fisheries, marine geoengineering and the conservation and sustainable use of marine biodiversity, with specific attention being paid to how the decision-making contexts shape the structure and role of EIA processes in ABNJ.

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