The International Law of Environmental Impact Assessment


Book Description

The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes. In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalisation of international environmental norms.




Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments


Book Description

Environmental Impact Assessment (EIA) requirements are quasi-universal. Praised as the core of the international legal response to ensure environmental protection, this procedure is an information tool for better public decision-making, which can contribute to empowering individuals and civic groups. Based on the historical background of the relevant norms and on case studies, Interstitial Law-Making in International Law: A Study of Environmental Impact Assessments verifies whether the role of procedure in secreting substantive law may be fulfilled in the distinctive legal system of public international law, while appraising how EIA requirements have been conceived and implemented as regards encouraging all international actors to behave in an environmentally conscious way, in a world of heterogeneous political regimes. This book is based on the author’s award winning doctoral dissertation which received the Yale Law School’s Ambrose Gherini Prize for best paper in the field of international law (2018).




Cooperation and Engagement in the Asia-Pacific Region


Book Description

Cooperation and Engagement in the Asia-Pacific Region provides valuable insight into a region that encompasses many important maritime regions, and harbors promising opportunities for maritime cooperation and engagement.




Environmental Impact Assessment (EIA) in the Arctic


Book Description

This title was first published in 2002. This volume examines the norms of international law that apply to the planning stage of large-scale activities such as hydrocarbon exploitation, mineral extraction and forestry. These stationary activities (those that remain at a single location for a period of time), pose grave risks to the Arctic environment, since the development of technology has made it profitable to exploit natural resources even in such harsh regions.




Theory and Practice of Transboundary Environmental Impact Assessment


Book Description

Environmental Impact Assessment (EIA) is a well-established instrument of Environmental Law and policy that aims to ensure that potential adverse environmental effects of human activities are assessed before decisions on such activities are made. The instrument is increasingly being applied in respect of activities that may cause environmental effects across the borders of a state. In this book, thirteen systems of Transboundary Environmental Impact Assessment (TEIA) are assessed that exist or are in development in different parts of the world. Although TEIA is generally associated with EIA between territorial states, this book takes a broader approach and is divided into three sub-parts: Transboundary EIA between states, EIA for activities in international and shared areas, and EIA required by international financial institutions. Knowledgeable experts (scholars and practitioners) provide an overview of the history, content, and practice of the individual systems and, based on these discussions, the state of the art concerning TEIA and possible future developments are discussed.




Emerging Principles of International Environmental Law


Book Description

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. Following an introductory chapter on the development of international environmental law, the book explores five concepts/principles that have emerged in the recent years in this field and discusses their relationship to one another, particularly how they interact and contribute to the achievement of sustainable development: sustainable development, the precautionary principle, the environmental impact assessment process and participatory rights, the common but differentiated responsibility principle and the polluter pays principle. The final chapter evaluates the emergence of a distinct field of international law called ‘International Sustainable Development Law’ and discusses its future direction. While these principles or concepts have received much attention in previous literature, not much attention has been paid to their interaction with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity. It is here the strength of the book lies. The book was written to provide a firm grasp of international environmental law issues and of international law in general. It is intended for the international market, for anybody who is interested in the future direction of international environmental law and of sustainable development. As such, it would be relevant not only to the law student and law academic, but also to international organizations such as UNEP, Commission on Sustainable Development, UNDP and the World Bank as well as for international and national civil society groups engaged in environmental issues and human rights issues. Published under the Transnational Publishers imprint.




Procedure and Substance in International Environmental Law


Book Description

The interplay between procedure and substance has not been a major point of contention for international environmental lawyers. Arguably, the topic’s low profile is due to the mostly uncontroversial nature of the field’s distinction between procedural and substantive obligations. Furthermore, the vast majority of environmental law scholars and practitioners have tended to welcome the procedural features of multilateral environmental agreements and their potential to promote regime evolution and effectiveness. However, recent developments have served to put the spotlight on certain aspects of the procedure substance topic. ICJ judgments revealed ambiguity on aspects of the customary law framework on transboundary harm prevention that the field had thought largely settled. In turn, in the treaty context, the Paris Agreement’s retreat from binding emissions targets and its decisive turn towards procedure reignited concerns in some quarters over the “proceduralization” of international environmental law. The two developments invite a closer look at the respective roles of, and the relationship between, procedure and substance in this field and, more specifically, in the context of harm prevention under customary and treaty law.




Strategic Environmental Assessment in International and European Law


Book Description

Makes an important contribution to the literature on SEA by drawing on and integrating international and European jurisprudence and scholarship as well as the policy science literature on SEA and environmental assessment. The result is a rich analysis that provides environmental assessment professionals with an overview of the legal context in which assessments are carried out while also providing lawyers with valuable insights into the operation of SEA in policy formulation both within and beyond the state. Dr Neil Craik author of The International Law of Environmental Impact Assessment It.




Principles of Environmental Impact Assessment


Book Description

The basis of a training course of Prin. of Environmental Impact Assessment (EIA). Designed for policy makers from gov't., academia, and environmental and industrial org. Chapters: what is EIA and why is it important: how may EIA programs evolve in different cultures and countries?; the basis for EIAs; EIA laws and require.; circumstances requiring EIAs; key considerations in the EIA process; steps in the EIA process; methods for forecasting and assessing impacts; writing, reviewing and evaluating EIA reports; building an effective EIA program; assess. for small projects and contaminated sites; lessons learned from other EIA prog.; info. sources; and model EIA checklists for scoping and impact assess.




Transboundary Environmental Impact Assessment in the European Union


Book Description

This book examines 'The Espoo Convention on Environmental Impact Assessment in a Transboundary Context', which celebrates the twentieth anniversary of its adoption in 2011, and its 'Kiev Protocol on Strategic Environmental Assessment' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law. The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.