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Abstract
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.
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