A Review of the Court of Justice's Case Law in Relation to Waste and Environmental Impact Assessment: 1992-2011

This chapter analyses the concept of due diligence in the law of international watercourses. Both conventions and the case-law give some indications on the constitutive elements of the standard of due diligence in this area. The chapter reveals that due diligence provides a legal tool to balance the principle of equitable and reasonable utilisation and the principle of no harm. It also highlights that due diligence is the basis of procedural obligations in this field, such as the duty to exchange information or the duty to conduct an environmental impact assessment. The chapter however argues that the unspecified content of these norms and the lack of uniformity in their application render it impossible to draw consistent and holistic conclusions on due diligence in the field of watercourses law.

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Health Impact Assessment as an Essential Element of Environmental Law in the National Legal Order. Considerations on the Basis of International Law

Problemy Ekorozwoju ◽

10.35784/pe.2021.2.21 ◽

2021 ◽

Vol 16 (2) ◽

pp. 199-208

Author(s):

Maciej Pakowski ◽

◽

Anna Garus-Pakowska ◽

Keyword(s):

Human Rights ◽

Environmental Impact ◽

Impact Assessment ◽

International Law ◽

Environmental Impact Assessment ◽

Health Impact Assessment ◽

Case Law ◽

Health Impact ◽

Human Right ◽

Right To Information

The purpose of this paper was to prove that the standards for environmental friendliness set out by international law require the states to carry out Health Impact Assessment (HIA) before implementation of public or private investments having a potential human health impact even if national legal systems do not require it. The analysis of both soft international law and treaty law, as well as the case-law of international courts and tribunals show that Environmental Impact Assessment (EIA) is the international law ius cogens. At the same time the human right to information and protection of life and health are regarded as fundamental human rights. According to the authors it means that carrying out proper Environmental Impact Assessment without Health Impact Assessment is not possible. It would be contrary to the human right to information and the obligation of the authorities to provide citizens with active transparency mentioned by the Inter-American Court of Human Rights and with the principle of fair balance developed in the case-law of the similar European Court together with the objective on sustainable development adopted in Agenda 2030. According to the authors Health Impact Assessment is an immanent and integral part of environmental impact and the possible absence of provisions in the national law requiring investors to carry out HIA where EIA is necessary, does not justify the failure to assess.

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20. Environmental Assessment

Environmental Law ◽

10.1093/he/9780198811077.003.0020 ◽

2019 ◽

pp. 693-742

Author(s):

Elizabeth Fisher ◽

Bettina Lange ◽

Eloise Scotford

Keyword(s):

Environmental Impact ◽

Impact Assessment ◽

Environmental Impact Assessment ◽

Environmental Assessment ◽

Environmental Law ◽

Case Law ◽

Significant Feature ◽

Environmental Implications ◽

Legal Nature ◽

The World

Environmental impact assessment (EIA) and other related forms of assessment require decision-makers to take into account the environmental implications of an activity before making a decision about those acitvities. EIA is a feature of most environmental law systems of the world. This chapter is an overview of the Environmental impact assessment (EIA) and strategic environmental assessment (SEA) legal regimes in the EU and how they have been implemented into English law. It provides an overview of the distinctive legal nature of both EIA and SEA, the main legal features of each directive, and how they have been implemented into national law. A significant feature of this chapter is that it provides an overview of the case law of the CJEU and UK courts concerninig these regimes.

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Environmental Impact Assessment and Integrated Water Resources Management

Global NEST Journal ◽

10.30955/gnj.000356 ◽

2013 ◽

Vol 9 (2) ◽

pp. 98-106

Keyword(s):

Water Resources ◽

Environmental Impact ◽

Impact Assessment ◽

Water Resources Management ◽

Environmental Impact Assessment ◽

Integrated Approach ◽

Integrated Water Resources Management ◽

Case Law ◽

Resources Management ◽

Legislative Framework

Environmental Impact Assessment (EIA) plays an important role in the framework of the efforts aiming at the formulation of a complete water resources management. In our paper this issue is examined in an integrated way. The following issues are particularly examined : the notion of the EIA in general, the assessment methods and techniques on the basis of the suitability of their use, the economic aspects, the Greek legislative framework, case-law positions in general as well as the action and the steering pattern of the Greek Public Administration concerning this issue. This paper presents some conclusions and proposals which are drawn by the aforementioned integrated approach.

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Legislative Changes in the Environmental Impact Assessment act in the Slovak Republic

Public Governance, Administration and Finances Law Review ◽

10.53116/pgaflr.2016.2.6 ◽

2016 ◽

Vol 1 (2) ◽

pp. 47-49

Author(s):

Michal Maslen

Keyword(s):

Environmental Impact ◽

Impact Assessment ◽

Environmental Impact Assessment ◽

Slovak Republic ◽

Case Law ◽

Special Approach ◽

Legislative Changes

The study is dealing with the implementation of the EIA Directive in the Slovak Republic, primarily focused on the participation of public in environmental proceedings. The case law presented a special approach on this field – partially which – leaded to new ways of interpretation of normative rules.

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