1.4 Structure of the thesis
This section briefly outlines the structure of the remainder of the thesis. Chapter II establishes the jurisdictional and institutional framework for flag State jurisdiction under UNCLOS. It examines the legal status of the high seas, the scope of flag State jurisdiction, and the obligation to exercise effective control, before identifying the legal basis for EIAs in ABNJ. The chapter further situates flag State environmental obligations within a due diligence framework and considers the role of the IMO as a competent organisation under UNCLOS.
Building on this framework, Chapter III turns specifically to EIA obligations. It analyses the development and content of environmental assessment under international environmental law before examining the EIA obligation under UNCLOS, confirming its preventive function and characterisation as an obligation of due diligence. Against this background, Chapter IV addresses the BBNJ Agreement. It provides an overview of the BBNJ Agreement and examines EIA as a flag State responsibility under the BBNJ Agreement, with particular emphasis on the evaluative role of the flag State and the interaction between the EIA regime under the BBNJ Agreement and existing obligations under UNCLOS. In the end, Chapter V offers concluding remarks.