scholarly journals Legal framework for environmental impact assessment in Vietnam: the challenges between the regulations and practice

2020 ◽  
Vol 164 ◽  
pp. 11008 ◽  
Author(s):  
Minh Tuyen Pham ◽  
Nguyen Khanh Bui ◽  
Roman Puzirevsky
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Global Economy ◽  
Legal Framework ◽  
Management Tool ◽  
Resource Base ◽  
Middle Income ◽  
Doi Moi ◽  
Natural Resource Base

After 30 years of economic reforms since the launch of Đổi Mới in 1986, Vietnam has recorded significant and historic achievements. From a poor, war-ravaged, centrally planned economy, which was closed off from much of the outside world, Vietnam has become a middle-income country with a dynamic market economy that is deeply integrated into the global economy. But growth has to a large extent come at the cost of the environment. Vietnam’s greenhouse gas emissions have grown the fastest in the region, while the environmental quality of its air, land, and water has deteriorated considerably. Water and air pollution have reached serious levels, especially near Hanoi and Ho Chi Minh City, posing major health risks. As the most important environmental management tool, Environmental Impact Assessment (EIA) is recognized by Vietnamese Government and international organizations in the management of the impacts of future development on the country’s natural resource base. EIA is the important Chapter of Law on environmental protection 2014 of Vietnam (which was passed by the 13 National Assembly at the 7th session on June 23, 2014). This article argue that while significant improvements have been achieved in the EIA legal framework, the challenges remains between the EIA regulations and practice. This article contend that the current EIA legal framework is poor and facing with challenges and that future developments of the EIA regulations in Vietnam should focus not only on legislative documents but also on improving capacity of EIA practitioners with strictly sanctions.

Mitigation and Adaptation through Environmental Impact Assessment Litigation: Rethinking the Prospect of Climate Change Litigation in China

2021 ◽  
pp. 1-27
Author(s):  
Xiangbai He
Keyword(s):  
Climate Change ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Legal Framework ◽  
Special Focus ◽  
Mitigation And Adaptation ◽  
Regulatory Effects ◽  
The Government ◽  
Legal Barriers

Abstract There are two general pathways towards climate change litigation in China: tort-based litigation to hold carbon emitters accountable in civil law, and administrative litigation against the government to demand better climate regulation. While the first pathway is gaining momentum among Chinese scholars, this article argues that legal barriers to applying tort-based rules to climate change should be fairly acknowledged. The article argues that China's legal framework for environmental impact assessment (EIA) provides more openness and flexibility for the resolution of climate change disputes. Therefore, EIA-based climate lawsuits, which challenge environmental authorities for not adequately taking climate change factors into account in decision-making processes, encounter relatively fewer legal barriers, require less radical legal or institutional reform, and have greater potential to maintain existing legal orders. The regulatory effects produced by EIA-based litigation suggest that the scholarship on climate change litigation in China should take such litigation seriously because it could influence both governments and emitters in undertaking more proactive efforts. This China-based study, with a special focus on judicial practice in the largest developing country, will shine a light on China's contribution to transnational climate litigation.

scholarly journals Environmental Impact Assessment in Areas beyond National Jurisdiction

2012 ◽  
Vol 27 (2) ◽  
pp. 449-480 ◽  
Author(s):  
Alex G. Oude Elferink
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Present Report ◽  
Legal Framework ◽  
International Debate ◽  
National Jurisdiction ◽  
Specific Activities ◽  
Negative Impacts ◽  
And Control

Abstract Environmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.

Does the Current State of Environmental Impact Assessment in Armenia Pose a Challenge for the Future?

2019 ◽  
Vol 21 (02) ◽  
pp. 1950004
Author(s):  
Sophya Geghamyan ◽  
Katarina Pavlickova
Keyword(s):  
Soviet Union ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Former Soviet Union ◽  
Public Involvement ◽  
Legal Framework ◽  
Assessment System ◽  
The European Union ◽  
Current State

Many post-Soviet countries are still improving their Environmental Impact Assessment (EIA) systems, and Armenia is no exception. In recent years, approximation to and harmonisation with the laws of the European Union has seen Armenia increasingly adopt and apply EU regulations and directives, and this process was supported by adoption of the new law on EIA and Expertise in 2014. The main objectives of this study are to review and analyse the current state of the Armenian EIA system and to assess its legal framework. We applied a method divided into two parts: review and analysis of the legislative aspects of the EIA system in Armenia and the circulation of a survey-questionnaire to EIA experts to establish current practices. The findings of this research provided positive and negative factors which can both be used to improve the assessment system in Armenia. While the most significant EIA strength combines the existence of a systematic law and public involvement in this process, the law has weaknesses in its monitoring, informative and quality control provisions. Moreover, public participation has many weaknesses in practice, including the definition of stakeholders and the lack of guidelines and manuals which challenges expert action. Finally, this paper has explored the major positives and negatives of the Armenian EIA system in practice, and we consider that this should help other Former Soviet Union (FSU) countries define and combat the challenges of their EIA systems.

scholarly journals Contagious Environmental Lawmaking

2019 ◽  
Vol 31 (2) ◽  
pp. 187-212
Author(s):  
Natasha Affolder
Keyword(s):  
Environmental Management ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Management Tool ◽  
Methodological Challenges ◽  
The World ◽  
Global Diffusion ◽  
The Way

Abstract It is rare to find an environmental law development or ‘innovation’ announced or celebrated without some discussion of its transferability. Discourses of diffusion are becoming increasingly central to the way that we develop, communicate and frame environmental law ideas. And yet, this significant dimension of environmental law practice seems to have outgrown existing conceptual scaffolding and scholarly vocabularies. The concept, and intentionally unfamiliar terminology, of ‘contagious lawmaking’ creates a space for both fleshing out, and problematizing, the phenomenon of the dynamic and multi-directional transfer of environmental law ideas. This article sets the stage for further study of the global diffusion of environmental law. It does so by identifying the phenomenon of contagious lawmaking and by making explicit some of the terminological and methodological challenges implicated in its study. The article draws on narratives of the ‘global’ diffusion of environmental impact assessment, cited as ‘the most widely adopted environmental management tool in the world’.

Converting Industry to Environmental Impact Assessment

1981 ◽  
Vol 8 (1) ◽  
pp. 23-30 ◽  
Author(s):  
John B. Elkington
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
World Order ◽  
Development Planning ◽  
Management Tool ◽  
Environmentally Sustainable ◽  
Environmental Resistance ◽  
Industrial Organizations ◽  
Industrial Use

Successive inquiries into the problems associated with population, growth, resources, and environment, have stressed the need for new environmental management policies and techniques. Environmental impact assessment, whose evolution is briefly described in this paper, will be a vital ingredient in any transition to an environmentally sustainable world order.There is a substantial and growing literature on the use of environmental impact assessment methods, although relatively little has been written on the increasing use of such methods by industry in some countries— often without any direct compulsion by Government. A range of examples of the industrial use of environmental impact assessment are reviewed, and the conclusion is drawn that properly designed methods can help industry to meet its own basic objectives of survival, profit, and growth.While there are considerable problems associated with the prediction of ecological and other environmental effects, particularly where the baseline data are inadequate or non-existent, the experience of a growing number of companies and other industrial organizations does suggest that environmental impact assessment is increasingly recognized as an indispensable management tool in those industries which are likely to meet environmental resistance in their development planning operations.

Enforcing the Environmental Impact Assessment Directive in Ireland: Evolution of the Standard of Judicial Review

2018 ◽  
Vol 7 (3) ◽  
pp. 515-534 ◽  
Author(s):  
Áine Ryall
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Judicial Review ◽  
Legal Framework ◽  
Eu Law ◽  
National System ◽  
Administrative Culture ◽  
Judicial Protection ◽  
The Eu

AbstractThe specific characteristics of each national system of judicial review reflect the indigenous legal framework and well-established administrative culture. It is necessary, therefore, to contextualize judicial review against the background of the idiosyncrasies of the local legal and administrative systems and what the national system regards as ‘unlawful’ decision making. An analysis of the contemporary jurisprudence of the Irish courts – in the specific context of enforcement of environmental impact assessment law – reveals a complex web of principles, which continue to evolve and to be influenced by European Union (EU) law. The article maps the development of these principles and assesses whether the standard of review (or the intensity of scrutiny) applied by the Irish courts is compatible with the EU law principle of effective judicial protection.

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