A Study On The Public Participation System Of The Environmental Impact Assessment System In Marine Areas Beyond National Jurisdiction

The public participation system of the environmental impact assessment system in marine areas beyond national jurisdiction(hereinafter referred to as"MBNJ-EIA public participation system")means that the rules for the public concerned obtaining information,accepting consultations and participating in assessments during the environmental impact assessment(EIA)on activities developed in marine areas beyond national jurisdiction.At present,the system is fragmented,the regulations are general,and the implementation resistance is large.In order to solve these problems,a unified MBNJ-EIA public participation system needs to be established.In addition to the preface and conclusion,this dissertation mainly includes four parts.The first part explains the concept and history of MBNJ-EIA public participation system,studies on the connotation and extension of EIA and public participation,introduces the historical development of the concept of "public participation" in international environmental law and the public participation system of the EIA system,and finally summarizes the legal status of MBNJ-EIA public participation system.The second part analyzes the legal basis and guiding principles of MBNJ-EIA public participation system.Public participation is the realization form of environmental rights,and the principles of international cooperation and sustainable development,which determine the theoretical necessity of constructing this system;the inherent nature of marine areas beyond national jurisdiction,the technical difficulty of EIA,and the lack of MBNJ-EIA public participation system determine the practical necessity of constructing this system.In order to overcome the factors affecting the effective implementation of this system,the principles of equal treatment of relief and non-discrimination,whistle-blower protection,efficiency and cost saving,and transparency should be followed.The third part studies the legal practice of the UN Economic Commission for Europe,members of the Arctic Council,and the Conference of the Parties of the Convention on Biological Diversity,and summarizes the experience of the public participation system,in order to provide useful reference for establishing MBNJ-EIA public participation system.The fourth part analyzes the latest development of MBNJ-EIA public participation system.In light of the above studies,it is proposed to build a unified,legally binding MBNJ-EIA public participation system based on the implementation of the marine biological diversity of areas beyond national jurisdiction.Also,this part makes relevant recommendations on the concept of the public concerned and its identification procedures,as well as the specific procedures for public participation,such as notifications,access to information,consultation and comments,etc.