Environmental Impact Assessment (EIA) is a well-established instrument of Environmental Law and policy that aims to ensure that potential adverse environmental effects of human activities are assessed before decisions on such activities are made. The instrument is increasingly being applied in respect of activities that may cause environmental effects across the borders of a state. In this book, thirteen systems of Transboundary Environmental Impact Assessment (TEIA) are assessed that exist or are in development in different parts of the world. Although TEIA is generally associated with EIA between territorial states, this book takes a broader approach and is divided into three sub-parts: Transboundary EIA between states, EIA for activities in international and shared areas, and EIA required by international financial institutions. Knowledgeable experts (scholars and practitioners) provide an overview of the history, content, and practice of the individual systems and, based on these discussions, the state of the art concerning TEIA and possible future developments are discussed.

This authoritative handbook surveys the full breadth and depth of SEA, bringing together a range of international perspectives and insights on the theoretical, methodological and institutional dimensions and practical issues of the field. It then subjects this conventional wisdom to a critical reappraisal, looks at the vast lessons of experience and offers new ideas and interpretations as to where the field is going. The volume is organized into six major sections, beginning with an introduction and overview of the development of the field and a framework for evaluating SEA good practice. Part I comprises a review of SEA frameworks in leading countries (Australia, Canada, New Zealand and the USA), the European Union and developing regions (Africa, Asia, Latin America and Newly Independent States). Part II reviews SEA practice in several major sectors (energy, minerals, transport, water, development assistance and coastal zone management). Part III addresses the linkages between SEA and other comparable tools such as spatial planning and environmental management. Part IV probes key cross-cutting issues in SEA, including how to address cumulative and trans-boundary effects. Part V identifies ways and means of SEA process and capacity development, focusing on how to improve and upgrade the theory and practice of the field. Part VI examines the shift from conventional SEA towards more integrative approaches, drawing on experience and examples from a number of countries. Published with IAIA

Currently the writing on the subject is limited and comprises, for the most part, guidance documents and completed assessments.

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

This book examines 'The Espoo Convention on Environmental Impact Assessment in a Transboundary Context', which celebrates the twentieth anniversary of its adoption in 2011, and its 'Kiev Protocol on Strategic Environmental Assessment' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law. The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.

Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.

This highly topical book considers the important question of how best to protect the environment of the Third Pole – the area comprising the Hindu Kush Himalayas and Tibetan Plateau – using the tool of international law. Following detailed analysis of the weaknesses in the current legal protections according to comparative legal theory, Simon Marsden recommends three potential options for implementation by policy and lawmakers.