From International Principles to Sustainable Marine Governance: Environmental Impact Assessment under UNCLOS and Saudi Environmental Law

Sustainable marine development, and the governance mechanisms that support it, increasingly depends on instruments that enable infrastructure growth, resource use, and economic activity while safeguarding the integrity of marine ecosystems. Environmental Impact Assessment (EIA) is such an instrument, as it protects ecosystems by identifying and mitigating ecological risks before approving activities with potentially harmful effects. This study examines the process whereby the EIA duty introduced in Article 206 of United Nations Convention on the Law of the Sea (UNCLOS), is translated into national legal regimes via Article 21 of the Saudi Environmental Law. Methodologically, a comparative legal analysis methodology was used to assess the content, legal weight, procedural orientation and governance impact of each provision. It concludes that UNCLOS establishes the international legal reference point within which activities that are likely to cause serious pollution or other serious harm to the marine environment should be assessed, while leaving implementation details to national laws and administrative arrangements. The study identifies the domestic contribution of the Saudi legal framework, by establishing the link between environmental assessment and authorization, monitoring and enforcement mechanisms. It demonstrates the legal and institutional capacity of the framework, in terms of formulating EIA as a marine and environmental governance tool rather than only a legal compliance obligation. It emphasizes the role of this framework in addressing ecological risk and realizing sustainable marine development.