TM20 | Evolving EIAs for an ecologically sustainable future

TM20

Evolving EIAs for an ecologically sustainable future

Convener: Michelle Bender | Co-convener: Anna von Rebay

Wed, 04 Jun, 12:45–13:45 (CEST)|Room 5

Ocean Vision Legal is pioneering a project to bring together best practices on environmental impact assessments (EIAs) and Rights of Nature to help ensure that human activities respect and preserve the intricate and invaluable ecosystems and species of the Ocean. The United Nations itself has stressed that in order to maintain the quality of life that the Ocean provides to humanity, a change will be required in how we view, manage and use the Ocean. Our template framework is intended to be released prior to UNOC3 and provide a basis for discussions in this workshop.

Rights of Nature, or Ocean Rights requires that the impacts on the rights and intrinsic values of the marine environment are assessed separately from those to human health, sociocultural or economic impacts, even in the absence of the certainty or evidence of risk to individuals. Additionally, according to Ecuador’s Constitutional Court, the use of Nature’s elements “may under no circumstance jeopardise its existence and the maintenance and regeneration of its life cycles, structure, functions and evolutionary processes.” How can these and other obligations under Ocean Rights help inform the development of EIAs?

States have the obligation to protect and preserve the marine environment under Part 12 of the United Nations Convention on the Law of the Sea. Though quite arguably the most important obligation, it has been largely ignored, in part due to a lack of understanding of what the obligation entails in practice. However, this obligation arguably provides for the application of the highest standards of protection, protection from future damage and maintaining or improving its present condition. What do such obligations mean in the context of developing EIAs?

Likewise, best practices reveal we must work to understand what baseline conditions are, and what “healthy” and “serious or irreversible harm” looks like from an ocean-centric point of view, not just a human dimension. Arguably, this not only requires an ecological and holistic perspective, but an understanding of both the best available science and sufficiency of that information, as well as the inclusion of both western science and Indigenous and traditional knowledge. How do our assessments or metrics for what constitutes significant harm to the marine environment influence the outcomes of EIAs? How can such metrics be defined in order to help ensure the purposes of EIAs, to prevent environmental degradation, are fulfilled? Rather than aiming to prevent ecological harm, can we aim for higher— to ensure the maintenance or improvement of the marine environment's health?

We seek to convene scientists, advocates and policy makers to discuss what best practices exist in ocean governance and how they may be evolved in the context of EIAs. The inputs from this meeting will be the start of a global consultation process that will inform the development of OVL’s evolved EIA framework. This framework has the potential to ensure effective implementation of ocean law and policy, as well as international treaties such as the UNCLOS, CBD and BBNJ Agreement, where EIAs are a central implementation measure for such Conventions.

Speakers

Anna von Rebay, Ocean Vision Legal, Indonesia
Mere Takoko, Pacific Whale Fund, New Zealand
Lissette Victorero, Deep Ocean Stewardship Initiative, United Kingdom
Callie Veelenturf, The Leatherback Project, United States of America