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.




Sustainability Assessment


Book Description

Currently the writing on the subject is limited and comprises, for the most part, guidance documents and completed assessments.




Handbook of Strategic Environmental Assessment


Book Description

This authoritative handbook surveys the full breadth and depth of SEA, bringing together a range of international perspectives and insights on the theoretical, methodological and institutional dimensions and practical issues of the field. It then subjects this conventional wisdom to a critical reappraisal, looks at the vast lessons of experience and offers new ideas and interpretations as to where the field is going. The volume is organized into six major sections, beginning with an introduction and overview of the development of the field and a framework for evaluating SEA good practice. Part I comprises a review of SEA frameworks in leading countries (Australia, Canada, New Zealand and the USA), the European Union and developing regions (Africa, Asia, Latin America and Newly Independent States). Part II reviews SEA practice in several major sectors (energy, minerals, transport, water, development assistance and coastal zone management). Part III addresses the linkages between SEA and other comparable tools such as spatial planning and environmental management. Part IV probes key cross-cutting issues in SEA, including how to address cumulative and trans-boundary effects. Part V identifies ways and means of SEA process and capacity development, focusing on how to improve and upgrade the theory and practice of the field. Part VI examines the shift from conventional SEA towards more integrative approaches, drawing on experience and examples from a number of countries. Published with IAIA




International Judicial Practice on the Environment


Book Description

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.




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.




The Rio Declaration on Environment and Development


Book Description

The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.




Towards an Environmental Assessment Network


Book Description

This report, based on a draft paper prepared by the Canadian Environmental Assessment Agency and reviewed by Summit participants, presents the results of the Canadian Environmental Assessment Agency-sponsored study. The paper offers a framework on how such a network could be organised and operated, and explains how the CEAA has used the framework to develop its site on the Internet. The report is also a contribution to the International Study of the Effectiveness of Environmental Assessment. The document proposes a framework for an EA network and looks at the experience of the Canadian Environmental Assessment Agency.




Transboundary Environmental Governance


Book Description

Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.




The Practice of Strategic Environmental Assessment


Book Description

The practical application of strategic environmental assessment (SEA) is becoming increasingly common. A growing number of SEAs are being undertaken around the world, and several countries have issued guidance on how these should be carried out. However, few countries as yet have formal SEA regulations, and few completed SEAs have demonstrated all the elements of current best practice. The Practice of Strategic Environmental Assessment aims to provide a unique analysis of SEAs which have been undertaken, drawing on a variety of methods and circumstances to illustrate how best practice can be achieved, and providing inspiration for those considering studying, commission or carrying out an SEA. Part I sets the rest of the book in context, giving a review of international SEA guidance and regulations, and discussing models and methodologies. Part II then analyses a comprehensive set of case studies from countries which have extensive experience in SEA, or which provide particularly good examples. The case studies are discussed in three sections ? sectoral SEAs, SEAs of land-use plans and SEAs of policies ? and provide examples of different scales and approaches, as well as country-specific experience. The final chapter draws out some constraints to effective SEA, as well as positive themes which show how effective SEA can contribute to wider environmental assessment. Written by an international team of SEA practitioners and experts, this volume will be of particular use to students of environmental policy and management, environmental consultants, local authorities, policy-makers and anyone involved in the commissioning, process or review of SEAs.




Protecting the Third Pole


Book Description

This highly topical book considers the important question of how best to protect the environment of the Third Pole – the area comprising the Hindu Kush Himalayas and Tibetan Plateau – using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.