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The International Law of Environmental Impact Assessment: by Neil Craik

By Neil Craik

The important thought animating environmental influence evaluate (EIA) is that judgements affecting the surroundings may be made via a accomplished evaluate of envisioned affects. although their evaluative mandate, EIA strategies don't impose particular environmental criteria, yet depend on the construction of open, participatory and knowledge wealthy decision-making settings to result in environmentally benign results. In gentle of this rigidity among strategy and substance, Neil Craik assesses even if EIA, as a style of imposing foreign environmental legislations, is a valid coverage process, and the way foreign EIA commitments constitution transnational interactions with the intention to effect judgements affecting the foreign setting. via a finished description of overseas EIA commitments and their implementation with household and transnational governance buildings, and drawing on particular examples of transnational EIA strategies, the writer examines how foreign EIA commitments can facilitate curiosity coordination, and supply possibilities for persuasion and for the internalization of overseas environmental norms.

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The transportation of spent nuclear fuels through the Irish Sea has raised issues linking national security with marine pollution. Concerns have also been raised in respect of the inadequacy of 18 19 20 21 22 23 Discussed in Churchill and Scott, ‘‘The MOX Plant Litigation” at 644--645. EIA Directive. Friends of the Earth v. Secretary of State for the Environment. MOX Plant Case (Ireland v. United Kingdom), Provisional Measures, 41 ILM 405 (2002). The two separate arbitration cases were commenced in the Permanent Court of Arbitration in relation to alleged breaches of the OSPAR Convention and UNCLOS, respectively.

The ideal sought in all scoping procedures is to match the level of study with the potential for harm and to focus the study process on those issues which are most likely to cause harm and are of the greatest concern. Again, the ideal is that the process is iterative and reflexive, which suggests that scoping is an ongoing, consultative exercise that leads to a narrowing of issues, as unfounded concerns are taken off the table, while issues that suggest greater potential for harm are given greater attention.

A similar, although less stark, division arises in relation to impacts to areas of the global commons (which states have a sovereign right to utilize) and to issues of global common concern. Fundamental to the operation of EIA processes as a means to mediate this tension is that neither side can ignore the reasonable claims of the other. Because neither proponent may claim a superior right, the reconciliation of these competing claims is inherently political. However, this book proceeds from the understanding that these political interactions are constrained by legal and scientific norms.

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