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

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

Umweltschutzrecht in der Ukraine

2021 ◽  
Vol 67 (3) ◽  
pp. 335-352
Author(s):  
Oleksandr Bilash ◽  
Tetyana Karabin
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
20Th Century ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Basic Law

This article provides an overview of the formation and development of environmental law in Ukraine. The review covers the period from the early 90 s of the 20th century to the present days. The paper reveals the essence and the significance of the basic law "On Environmental Protection", as well as special laws aimed at regulating certain issues. The reasons and results of the environmental law new institute formation - the institute of environmental impact assessment - are highlighted separately. The authors concluded that the development of environmental law in Ukraine in the coming years would be carried out in two main directions. First, it is the systematization of a large number of legislative acts in the field of nature protection. Secondly, it is the approximation of Ukraine's environmental legislation to EU environmental law.

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.

ASSESSING ENVIRONMENTAL IMPACTS DURING NATURAL DISASTER: THE DEVELOPMENT OF A RAPID ENVIRONMENTAL ASSESSMENT METHODOLOGY

2002 ◽  
Vol 04 (04) ◽  
pp. 475-492 ◽  
Author(s):  
CHARLES KELLY
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Conditions ◽  
Environmental Damage ◽  
Assessment Procedure ◽  
Disaster Victims ◽  
Wide Range ◽  
Negative Impacts ◽  
The Impact

The linkages between disaster and environmental damage are recognized as important to predicting, preventing and mitigating the impact of disasters. Environmental Impact Assessment (EIA) procedures are well developed for non-ndisaster situations. However, they are conceptually and operationally inappropriate for use in disaster conditions, particularly in the first 120 days after the disaster has begun. The paper provides a conceptual overview of the requirements for an environmental impact assessment procedure appropriate for disaster conditions. These requirements are captured in guidelines for a Rapid Environmental Impact Assessment (REA) for use in disasters. The REA guides the collection and assessment of a wide range of factors which can indicate: (1) the negative impacts of a disaster on the environment, (2) the impacts of environmental conditions on the magnitude of a disaster and, (3) the positive or negative impacts of relief efforts on environmental conditions. The REA also provides a foundation for recovery program EIAs, thus improving the overall post disaster recovery process. The REA is designed primarily for relief cadres, but is also expected to be usable as an assessment tool with disaster victims. The paper discusses the field testing of the REA under actual disaster conditions.

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.

scholarly journals Legislative regulation of powers of local government bodies in the field of environmental protection

2021 ◽  
pp. 96-100
Author(s):  
M.M. Slivka ◽  
N.V. Lesko
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Local Governments ◽  
Local Level ◽  
Primary Control ◽  
Wide Range ◽  
Legislative Regulation ◽  
The Law

The article is devoted to the study of legislative regulation of the powers of local governments in the field of environmental protection and the development of proposals for their improvement. It is noted that local governments occupy an separate and independent place in the mechanism of public administration, which indicates their special administrative and legal status. It is emphasized that local self-government bodies should be endowed with a sufficient amount of powers that would allow them to protect the interests of the administrative-territorial community in the field of environmental protection as effectively as possible. It is stated that the Constitution as the Basic Law of the state, taking into account the global importance of the issue of environmental protection should clearly and without any ambiguity in interpretation contain an article according to which local governments will be empowered to exercise primary control over environmental protection. natural environment at the local level and bringing perpetrators to justice. It is proposed to supplement Article 15 of the Law of Ukraine «On Environmental Protection», which defines the powers of local councils in the field of environmental protection, paragraph «й» of the following content: "decide to bring to administrative responsibility those guilty of violating legislation in the field of environmental protection environment of individuals and / or legal entities ". It is highlighted that based on the analysis of Part 4 of Art. 42 of the Law of Ukraine «On Local Self-Government in Ukraine», village, town, city mayor have a wide range of powers, but among these powers there are no ones that would give them the right to monitor compliance with environmental legislation in the region and bring perpetrators to justice. It is emphasized that local governments are given broad powers in terms of controling the activities of economic entities and they should be included as a subject of a lawsuit in accordance with Art. 16 of the Law of Ukraine "On Environmental Impact Assessment" in case of violations in the field of environmental impact assessment.

scholarly journals Environmental impact assessment procedures for projects in marine environment – evaluation analysis

Pomorstvo ◽  
2020 ◽  
Vol 34 (1) ◽  
pp. 65-73
Author(s):  
Lidija Runko Luttenberger ◽  
Jadranka Matić ◽  
Draga Mihelić ◽  
Nikola Mandić
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Marine Environment ◽  
Expert Committee ◽  
Environment Protection ◽  
Negative Impacts ◽  
High Level ◽  
Assessment Procedures ◽  
Fish And Shellfish

Appropriately high level of marine environment protection implies taking the measures of prudence, precaution, reasonable and rational use of marine natural resources, and that is achieved also through the assessment of potential significant negative impacts at the early stage of planning of a particular project. Marine fish and shellfish farms, marine ports, minerals exploitation, shore nourishment, seabed deepening and drying, construction in and at the sea and other projects in marine environment are subject to implementation of environmental impact assessment and screening projects based on environmental reports. The description of main features of technological processes of planned projects and their impact on marine environment constitute an integral part of environmental reports, as technical baselines for assessing potential significant negative impacts. In order to prevent pollution, pursuant to law provisions, it is necessary to apply technologies that are most efficient for achieving high level of marine environment protection. In assessing at the planning stage whether most acceptable technologies are used, consultative expert committee consisting of scientists and professionals is engaged in environmental impact assessment procedures. Paper analyses the parts of environmental reports describing technological procedures and proposes the methods of upgrading their quality by involving experts and scientists in examining thereof.

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.

CALCULATION OF THE FORMATION OF MERCURY-CONTAINING WASTES AND DEVELOPMENT OF MEASURES FOR THE PROTECTION AND RATIONAL USE OF WATER RESOURCES

2020 ◽  
Vol 12 (4) ◽  
pp. 30-36 ◽  
Author(s):  
Alla Zvyaginceva ◽  
Svetlana Sazonova ◽  
V. Kul'neva
Keyword(s):  
Water Resources ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Safety ◽  
Metallic Mercury ◽  
Water Basin ◽  
Rational Use ◽  
Sources Of Pollution

The problem of processing industrial products and waste from various industries containing metallic mercury or its compounds, which is acute in connection with the increasing requirements for environmental protection and, in particular, water resources, is considered. The results of calculation of the formation of mercury-containing waste and the development of a set of measures for the rational use of water resources of the OPS LLC «EVO» are presented. The environmental impact of the environmental impact assessment of OPS LLC «EVO» was assessed. As a result of such an assessment, the main sources of pollution of the water basin were identified. An assessment of the environmental impact of the LLC «EVO» company and analysis of the technology for processing mercury-containing wastes were carried out. The developed comprehensive measures for the protection and rational use of water resources will contribute to improving the level of environmental safety.

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