Tools to Conserve Ocean Biodiversity: Developing the Legal Framework for Environmental Impact Assessment in Marine Areas beyond National Jurisdiction

2012 ◽  
Vol 26 (1) ◽  
pp. 317-341 ◽  
Author(s):  
Robin Warner
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Legal Framework ◽  
National Jurisdiction ◽  
Marine Areas

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.

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.

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.

REQUIREMENTS FOR STRATEGIC ENVIRONMENTAL ASSESSMENT IN CHINA

2005 ◽  
Vol 07 (01) ◽  
pp. 81-97 ◽  
Author(s):  
TAN ZHU ◽  
JING WU ◽  
I-SHIN CHANG
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Assessment ◽  
Construction Projects ◽  
Legal Status ◽  
Animal Husbandry ◽  
Strategic Environmental Assessment ◽  
New Construction ◽  
Marine Areas

The Environmental Impact Assessment Law (EIA Law) of the People's Republic of China was adopted on 28 October 2002. It is the most progressive legislation addressing environmental issues in China to be developed over the past decade. The new EIA Law explicitly states that environmental impact assessment (EIA) is required for both new construction projects and plans. The types of plans covered by the new EIA Law include: (1) integrated plans for land use and regional development, development of drainage areas and marine areas; (2) specific plans for industry, agriculture, animal husbandry, forestry, energy, water management, transportation, urban construction, tourism and the development of natural resources. EIA for construction projects has been implemented in China for more than 20 years. Through this new EIA Law, the legal status of EIA for construction projects has been elevated from administrative legislation to State Law. EIA for plans is a type of strategic environmental assessment (SEA) where the concept of SEA is for the first time being advocated by the State at this level. This paper emphasises the legal requirements of SEA set forth by this new EIA Law, such as major purposes, key elements and procedures of EIA for plans.

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.

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.

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