The significance of the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) in international environmental law: examining the implications of the Danube Delta case

2008 ◽  
Vol 26 (4) ◽  
pp. 299-314 ◽  
Author(s):  
Mari Koyano
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Danube Delta ◽  
International Environmental Law

IMPLICATIONS OF THE INDUS WATER KISHENGANGA ARBITRATION FOR THE INTERNATIONAL LAW OF WATERCOURSES AND THE ENVIRONMENT

2015 ◽  
Vol 64 (3) ◽  
pp. 697-715
Author(s):  
Jasmine Moussa
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
International Law ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
International Environmental Law ◽  
Treaty Interpretation ◽  
The Law ◽  
Water Treaty

AbstractOn 19 February 2013, a Permanent Court of Arbitration (PCA)-administered Court of Arbitration issued a Partial Award on the dispute between Pakistan and India regarding the use of the waters of the Kishenganga/Neelum, a tributary of the Indus system of rivers. This article examines the tribunal's decision, which was mainly limited to interpreting the 1960 Indus Water Treaty (IWT), and its contribution to international environmental law and the law of non-navigational uses of international watercourses. After briefly discussing the dispute's factual context and procedural history, the article critiques the tribunal's methodology, which was based on an inconsistent application of the principles of treaty interpretation. The Award's contribution is therefore mixed: despite its almost complete disregard for the principle of ‘equality of right’, it has contributed to clarifying the criteria for determining ‘existing uses’ of a watercourse and reaffirmed both the substantive obligation to refrain from causing transboundary harm and the procedural duty to carry out an Environmental Impact Assessment under international environmental law.

scholarly journals Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development

2017 ◽  
Vol 11 (3) ◽  
pp. 105
Author(s):  
T Murombo
Keyword(s):  
Sustainable Development ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impacts ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Development Planning ◽  
The Public ◽  
Legal Provisions

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

Sustaining the unsustainable? Environmental impact assessment and overdevelopment in Bali

2018 ◽  
Vol 21 (2) ◽  
pp. 101-125 ◽  
Author(s):  
Carol Warren ◽  
Agung Wardana
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Agricultural Land ◽  
Environmental Law ◽  
Water Shortage ◽  
New Order ◽  
Reform Era ◽  
Vested Interests ◽  
Resort Development

Bali faces serious environmental crises arising from overdevelopment of the tourism and real estate industry, including water shortage, rapid conversion of agricultural land, pollution, and economic and cultural displacement. This article traces continuities and discontinuities in the role of Indonesian environmental impact assessment (EIA) during and since the authoritarian ‘New Order’ period. Following the fall of the Suharto regime in 1998, the ‘Reform Era’ brought dramatic changes, democratizing and decentralizing Indonesia's governing institutions. Focusing on case studies of resort development projects in Bali from the 1990s to the present, this study examines the ongoing capture of legal processes by vested interests at the expense of prospects for sustainable development. Two particularly controversial projects in Benoa Bay, proposed in the different historical and structural settings of the two eras—the Bali Turtle Island Development (BTID) at Serangan Island in the Suharto era and the Tirta Wahana Bali Internasional (TWBI) proposal for the other side of Benoa in the ‘Reform Era’—enable instructive comparison. The study finds that despite significant changes in the environmental law regime, the EIA process still finds itself a tool of powerful interests in the efforts of political and economic elites to maintain control of decision-making and to displace popular opposition forces to the margins.

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’.

scholarly journals HARMONIZATION OF ASEAN LAW IN SOLVING ENVIRONMENTAL ISSUES FOCUSING ON ENVIRONMENTAL IMPACT ASSESSMENT LAW IN THAILAND

2018 ◽  
Vol 3 (2) ◽  
pp. 117-133
Author(s):  
Amnat Wongbandit
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Economic Activities ◽  
Asean Countries ◽  
Negative Impacts ◽  
Asean Economic Community ◽  
Harmonization Of Law

As the ASEAN Economic Community was formed, in principle there should be a free flow of economic activities, capital, labor and other things across borders within this community for the benefit of all in the region but in reality, there are still some legal impediments to the achievement of this goal.  Harmonization of law of ASEAN countries would help to ease this problem.  The same is also applicable to the problems of environmental protection as different laws in different jurisdictions could lead to the situation that polluters would certainly try to stay away from a country with strict environmental law and move their business to where the law is not that strict, or law enforcement is quite weak.Environmental impact assessment has played a very important role in environmental protection because it can be used as a method to predict what would be an environmental consequence of carrying out particular project or activity and offer how negative impacts could be prevented or mitigated. This article therefore would like to present the environmental impact assessment law in Thailand which consists of several interesting issues that could be the subjects of debate as to whether it would be possible or practical to harmonize ASEAN laws on such issue

20. Environmental Assessment

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.

Environmental ELNI EIA Conference in Wrocław

elni Review ◽  
2013 ◽  
pp. 2-6
Author(s):  
Sergiusz Urban ◽  
Jerzy Jendrośka
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
National Level ◽  
Recent Proposal ◽  
Face To Face ◽  
National Courts ◽  
Practical Experiences ◽  
Past Experiences

This article reviews the conference of the Environmental Law Network International (ELNI) dedicated to “EU Environmental Impact Assessment Directive - challenges and perspectives in the light of the past experiences and the recent proposal for amendment”, which took place at the University of Wrocław in Poland on 23 and 24 May 2013. The conference was addressed to both experts from the practice and academics dealing with different aspects of Environmental Impact Assessment (EIA) and brought together almost 250 participants from 24 countries worldwide. The aim of the conference was to review and discuss the recent proposal of the European Commission to amend the EIA Directive and bring it face to face with practical experiences with EIA at international and national level, in particular in the light of the jurisprudence of the Court of Justice of the EU and national courts.

scholarly journals Verwissenschaftlichung des Rechts und Ihre Grenzen -Entwicklung des Umweltvertralichkeitspruungsrechts in Korea

2003 ◽  
Vol 17 (2) ◽  
pp. 99-124
Author(s):  
Joonhyung Hong
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Assessment System ◽  
Learning Ability ◽  
Current Status ◽  
Successful Outcome ◽  
Ultimate Truth ◽  
New Model

This article tackles the issue of "science and law" in the "risk society." by analyzing recent development of the ENvironmental Impact Assessment System in Korea. The conditions of uncertainty, ignorance and indeterminacy constitute a serious challenge to traditional conceptions of science as an arbiter of ultimate truth and authority. Current status of academic discussions of the issue shows that enhanced use of science in law, especially adoption of precautionary measures for better protection of environment and ecological diversity does not necessarily bring about successful outcome, either due to the political nature of scientific inquiry and knowledge or due to the scientific indeterminacy itself. More important than demystifying this imperfection of scientific knowledge, however, is often recognizing the way how the science is being handled at bar, at agency office or in parliament. Understanding dialectic of science, law and policy, so real truth about science in law is an indispensable prerequisite for our search for a new model of environmental law. Politics of law in dealing with "science and law" issues and other aspects of separation of power need to be therefore more realistically addressed before we proceed to reform the existing regime of environmental impact assessment. in this vein, the article emphasizes the crucial role of the court as a truth-finding forum embedded in a vitalized litigation culture, while it proposes a series of ideas as fundamentals for a new model of environmental law: optimization of science and law relationship, need for co-options in environmental lawmaking, devising and developing "environmental law with learning ability" through enhanced utilization of science, redistributing roles among various actors in polycentric context of environmental law and applying conflict resolution approach to environmental policy making.

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