BBNJ国际协定环评规则的构建

Construction of EIA Rules for BBNJ International Agreements

上世纪七十年代,国际社会通过了第一部规定环境影响评价的国际性文件,但其中涉及海洋环评规则的条目较少。BBNJ国际协定作为《联合国海洋法公约》下的第三个执行协定,是当前国际海洋法领域最为热门的立法进程,但各国并未就该协定达成一致。当下,BBNJ国际协定环评规则构建面临着筛选机制的确认和管理体制的选择两大问题,本文将从明确基本概念、规范执行和决策机制、建立公众参与制度和监督机制三方面来完善BBNJ国际协定环评规则,进而提出推进BBNJ环评规则构建的中国方案。In the 1970s, the international community adopted the first international document stipulating environmental impact assessment, but there were fewer entries involving marine EIA rules. The BBNJ International Agreement, as the third implementing agreement under the United Nations Convention on the Law of the Sea, is the most popular legislative process in the field of international law of the sea at the present time, but the countries have not reached an agreement on the agreement. Nowadays, the construction of the EIA rules of BBNJ International Agreement faces two major problems, namely, the confirmation of the screening mechanism and the selection of the management system. In this paper, we will improve the EIA rules of BBNJ International Agreement by clarifying the basic concepts, regulating the implementation and decision-making mechanisms, and establishing the public participation system and the supervision mechanism, and then put forward the Chinese proposal to promote the construction of the EIA rules of BBNJ.