Knowledge of the threats posed to the oceans by human activity has expanded beyond marine pollution to encompass recognition of the risks posed to vulnerable marine ecosystems by overfishing, destructive fisheries practices and invasive exploitation of living and non-living marine resources. The environmental impact assessment (EIA) process plays an important role in clarifying the nature of these threats and developing measures to mitigate adverse impacts. While legal and institutional frameworks for EIA are well established in many countries for marine areas under national jurisdiction, collaborative structures and mechanisms to achieve the same objectives in marine areas beyond national jurisdiction (ABNJ) are still fragmentary and underdeveloped. 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 marine sectors to develop a more comprehensive and robust framework for environmental assessment in these extensive areas of the ocean. It discusses recent global initiatives for developing the international law framework for conservation and sustainable use of marine biodiversity in ABNJ and the rationale for including EIA provisions in a potential international agreement under the LOSC. Finally, it critically analyses the options for incorporating EIA elements in such an agreement.
This Chapter traces the evolution of general international law principles to protect and preserve the environment and their application to Polar areas. Key principles including the precautionary principle, prior assessment of activities that may have adverse impacts on the environment, sustainable development, and the concept of ecosystem-based management are critically examined in the context of Polar Law and governance. In the Antarctic, environmental protection has been regulated by the constellation of international law instruments in the Antarctic Treaty regime. In the Arctic, although there have been some coordinated responses to environmental protection, national environmental laws apply to most of the region. The Chapter includes a discussion of how key global international environmental law principles have been incorporated and implemented in the Antarctic Treaty regime and in the Arctic, primarily through Arctic Council policy initiatives and the national laws of the Arctic states.
Edited by Robin Warner and Clive Schofield
Robin Warner and Clive Schofield
Richard Kenchington and Robin Warner
Rosemary Rayfuse and Robin Warner
Gauging the Legal and Policy Currents in the Asia Pacific and Beyond
Edited by Robin Warner and Clive Schofield
Robin Warner and Stuart Kaye
In this chapter Warner and Kaye examine the impact of climate change upon maritime security in the oceans of the Asia-Pacific. They argue that climate change might be viewed as a ‘threat multiplier’ of global and regional insecurity drivers including overfishing, poverty, social fragility and transnational crime. This includes the human security issue of people displacement from climate change impacts and the exacerbation of existing maritime disputes from physical alterations to coastlines and inundation of small islands. Warner and Kaye suggest that multilateral collaboration is needed at many levels to effectively manage these threats to maritime security in the region. The chapter discusses a variety of global and regional initiatives in the Asia-Pacific with the potential to mitigate the maritime security implications of climate change, including: transboundary marine environmental protection initiatives; fisheries conservation and sustainable use agreements; cooperative arrangements to combat transnational crime; and creative solutions to maritime disputes. The authors find that multilateral initiatives in place within the region are currently capable of tackling many of these issues, but with the forecast adverse impacts of climate change to come, collaborative initiatives to mitigate negative effects on food and human security as well as the marine environment will need to be reinforced and augmented at all levels.