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

Abstract

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.