Study On The Environment Impact Assessment System In The Agreement Of Conservation And Sustainable Use Of Marine Biological Diversity Beyond Areas Of National Jurisdiction(BBNJ)

The vast oceans account for 71% of the Earth's surface,and contain resources for human survival and development,64% of which are beyond the National Jurisdiction.The region's rich biological and mineral resources are important resources for exploration and development.At present,the marine ecological environment and biodiversity in areas outside national jurisdiction is under unprecedented pressure.On the one hand,with the growth of the global population,terrestrial resources cannot fully meet the needs of human survival and development.On the other hand,advances in science and technology have increased the intensity of human development and utilization of marine resources,and the environment in the sea area is deteriorating.The marine ecosystem is at risk of being unbalanced at any time.In this context,more and more international organizations,neighboring countries and some landlocked countries have begun to pay attention to the conservation and sustainable use of Marine Biodiversity beyond Areas of National Jurisdiction(“BBNJ” hereinafter).At the international level,the UN General Assembly adopted Resolution 69/292 in 2015,which decided to establish a legally binding BBNJConservation and Sustainable Use Agreement(“BBNJ Agreement” hereinafter)and has held four BBNJ preparatory committees since 2016.The preparatory committees discussed the issues related to the BBNJ agreement,among which the environmental impact assessment to areas beyond national jurisdiction(“EIA outside the national jurisdiction” hereinafter),as an important preventive measure,is undoubtedly one of the important topics.In the international negotiations of the BBNJ Agreement,countries have certain different opinions in the BBNJ environmental impact assessment threshold setting,execution decision-making power,environmental impact assessment on the national follow-up decision-making,and the follow-up activity monitoring and review rights.These divergent decision-making powers are closely related to the national interests of each country.If such powers are transferred to a third-party international organization or an independent institution,the sovereignty over the exploration and development of areas outside national jurisdiction will be restricted.In addition,the application of EIA outside the national jurisdiction is still an emerging topic,and theoretical research is scarce.In terms of international legislation,although there are some international or regional instruments involving EIA outside the national jurisdiction,most of these instruments only provide general provisions.There are also certain limitations in applicable scope and legal binding.Therefore,EIA outside the national jurisdiction has not yet formed a unified legal system.By analyzing the different views in the BBNJ agreement negotiations,this paper summarizes the existing EIA outside the national jurisdiction,reveals the shortcomings of the existing system,further proposes the construction of BBNJ environmental impact assessment,and finally analyses the countermeasures China may take in the BBNJ agreement negotiations.The main contents and conclusions of this paper are as follows:1.To sort out the different opinions in the BBNJ Agreement negotiations on the EIA outside the national jurisdiction.The reference documents include the submissions of previous preparatory committees and intergovernmental meetings,and the countries are classified into three major schools according to their positions.Among them,the “Marine Environmental Protection Group” represented by the European Union raises strict technical requirements for the environmental impact assessment of BBNJ;the “Marine Utilization Group” represented by the United States and Japan suggest that the BBNJ environmental impact assessment activities should be led by sovereign states,emphasizing the importance of sovereign rights;the“Benefit Sharing Group” represented by China emphasizes that BBNJ environmental impact assessment should consider the interrelated socio-economic,cultural and human health impacts.2.To analyze the existing international or regional instruments involving EIA outside national jurisdiction.These instruments have certain limitations in terms of applicable scope and legal binding,and have not yet formed a unified legal system,but these international or regional instruments have played an important role as a reference for the construction of BBNJ environmental impact assessment.3.To propose recommendations for the construction of the BBNJ environmental impact assessment system,in combination with the views of the countries negotiating the BBNJ Agreement and the existing international or regional instruments involving the EIA outside the national jurisdiction.4.To analyze the countermeasures China can take when participating in the BBNJ agreement negotiations,including promoting the legislative process of EIA outside national jurisdiction,strengthening cooperation with different countries,and strengthening relevant marine scientific research.