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Indonesia’s interests in protecting marine biological diversity of areas Beyond National Jurisdiction (BBNJ)
The ongoing negotiations of the International Legally Binding Instrument (ILBI) on Biodiversity Beyond National Jurisdiction (BBNJ) is aimed at ensuring the conservation and sustainable use of marine biodiversity in areas that make up two-thirds of the world’s ocean. Guided by UNCLOS, ILBI BBNJ needs to safeguard the duty to protect marine environment, one of which is through Environmental Impact Assessment (EIA) to assess significant adverse impact of a project to the BBNJ. There are currently contentious issues with regards to the EIA provisions, whether an EIA should be conducted for projects that may have impact to BBNJ (effect-based) or only for projects located in the high seas (location-based).Besides, there are debates on the thresholds of stakeholder consultation,dissemination of information, and decision-making on EIA.
This paper aims to analyze and suggest policy recommendations for Indonesia in ensuring that ILBI BBNJ will push other States to fulfill the principle of due regard to the right of Indonesia as a coastal State in the utilization of high seas. Based on the analysis, this paper argues that Indonesia needs to support the effect-based approach with certain caveats to safeguard Indonesia’s sovereign rights in utilizing its maritime space. Indonesia will also need to support the involvement of adjacent coastal States as important stakeholders in the consultation process, while limiting the information that can be made publicly accessible to prevent jeopardizing the national security.
| 2021-0228 | Sekdilu 42-2021 | Training Materials Repository | Tersedia |
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