Regional Cooperation on Marine Transboundary Environmental Impact Assessment in the South China Sea

BU Lingjia ； CHEN Cong ； HAN Yuchen ； HUANG Yuxin

《中华海洋法学评论》 45期 (2023/03) Pp. 55-80

摘要

Under customary international law and the 1982 United Nations Convention on the Law of the Sea as well as the 1992 Convention on Biological Diversity, the coastal States in the South China Sea (SCS) have a legal obligation to conduct marine transboundary environmental impact assessment (TEIA). Some regional cooperation on marine TEIA has been carried out among the coastal States in the SCS, although their implementation has some problems. The coastal States in the SCS may draw good experience from both the Baltic and the Mediterranean marine environment protection mechanisms to establish a TEIA system in the SCS, such as the creation of cooperation systems for a TEIA through the conclusion of a marine environment protection framework convention for the SCS; the unification of a TEIA policy by the marine environment protection framework convention for the SCS and defining the threshold and the content of a TEIA system through a protocol to the marine environment protection framework convention as well as the establishment of an environmental technical body under the auspices of the SCS marine environment protection mechanism to conduct joint environmental monitoring and develop the marine environment standards for the marine TEIA.

關鍵字

The South China Sea ； Marine environment ； Transboundary environment impact assessment ； Regional cooperation