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In: Sustainable Development and the Law of the Sea
Authors: Tianbao Qin and Fang Hou


It has been endorsed by the international community that taking a environmental impact assessment prior to approval or conduction of a planning activity which may have harmful effects on the environment has become part of customary international law. The treaties on marine environment protection and preservation have an important role in the develop of environmental impact assessments. Articles 204–206 of the United Nations Convention on the Law of the Sea (unclos) do not name environmental impact assessments directly but can be regarded as the specific application of environmental impact assessment in the law of the sea. Overall, article 206 is very vague and inoperable, but it contains elements of environmental impact assessment. The Espoo Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and the Draft Articles on the Prevention of Transboundary harm from Hazardous Activities adopted by the International Law Commission in 2001 (Articles on Prevention) are general rules that have significant influence on marine environmental impact assessment. The judicial practice of the International Court of Justice and the International Tribunal for the Law of the Sea have interpreted the rules of environmental impact assessment, thus facilitating the development of these rules.

In: Cooperation and Engagement in the Asia-Pacific Region
In: Climate Change Litigation: Global Perspectives
Editors: Ben Boer and Tianbao Qin
The Chinese Journal of Environmental Law (CJEL) publishes international, comparative, and national research and reviews concerned with environmental law and policy. While CJEL presents leading work from or concerned with China, other Asian regions, and the developing world at large, the journal’s geographic coverage is unlimited, and its scope is intentionally broad. It encompasses diverse areas of international, regional and national environmental law, including biodiversity law, climate change law, energy law, environmental assessment, marine environmental law, natural resources law, planning law and pollution law, as well as institutional developments such as environmental courts, and compliance and enforcement issues.
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In: Chinese Journal of Environmental Law
In: Chinese Journal of Environmental Law
In: Chinese Journal of Environmental Law
In: Chinese Journal of Environmental Law
In: Chinese Journal of Environmental Law
In: Chinese Journal of Environmental Law