Environmental Impact Assessment of Offshore Windfarms in Areas beyond National Jurisdiction: Who Should Have Obligations?

After almost two decades of discussions and negotiations, the legally binding instrument on biodiversity beyond national jurisdiction ('BBNJ') was adopted on 19 June 2023, of which Environment Impact Assessment ('EIA') is one of the key pillars. Given that EIA in the new instrument is proposed with a view to the conservation and sustainable use of marine life in areas beyond national jurisdiction, flag States should mainly have an obligation to regulate EIA by applying their domestic legislation. However, for some activities involving many vessels, marine structures, and cables, EIA by flag States may not work effectively. EIAs for offshore windfarm activities may be particularly difficult. Against this background, this study explores how international legal rules should regulate EIAs of offshore windfarms established in areas beyond national jurisdiction. In particular, this study considers which States should have EIA obligations from the perspective of both lex lata and lex ferenda. [ABSTRACT FROM AUTHOR]