Abstract:The environmental impact assessment system in BBNJ Agreement (EIA system in BBNJ Agree-ment) is one of the most well-recognized global ocean governance arrangements, which is also a practical application of global ocean governance. The global ocean governance includes four elements: Object,Subject,Goal and Regime, and the sovereignty has played a typical role in the formation of EIA system in BBNJ Agreement through the Subject,Goal and Regimes of the global ocean governance. In terms of the subject, the sovereign states dominate the existing EIA system in marine areas beyond national jurisdiction and they are the core promoters of the ongoing negotiation of EIA system in BBNJ Agreement. With regard to the goal, it is to achieve the conservation and sustainable use of BBNJ, which is the reflection of sovereign states’common interests in the long-term. Sovereign states can restrain or transfer the sovereignty power and function with self-determination to achieve the goal of the EIA system in BBNJ Agreement. As for the regime, most of the existing EIA systems in marine areas beyond national jurisdiction are “based on domestic EIA system”, and “respecting and safeguarding the national sovereignty” is the consensus of all parties in the negotiations on BBNJ Agreement, which means that “the spillover of the domestic EIA system” is the developing tendency of the EIA system in BBNJ Agreement.
刘惠荣、胡小明. 主权要素在BBNJ环境影响评价制度形成中的作用[J]. 太平洋学报, 2017, 25(10): 1-11.
LIU Huirong,HU Xiaoming. Study on the Role of Sovereignty in the Formation of the Environmental Impact Assessment System in BBNJ Agreement. 太平洋学报, 2017, 25(10): 1-11.