| |
| |
Acknowledgments | |
| |
| |
Table of cases | |
| |
| |
Table of international instruments | |
| |
| |
| |
Introduction | |
| |
| |
| |
Introduction and overview | |
| |
| |
| |
EIAs and the process and substance of international law | |
| |
| |
| |
Proceduralism, transnationalism and integration | |
| |
| |
| |
EIAs and compliance | |
| |
| |
| |
Overview | |
| |
| |
| |
Method | |
| |
| |
| |
Background norms | |
| |
| |
| |
Domestic origins of international EIA commitments | |
| |
| |
| |
Introduction | |
| |
| |
| |
Elements of domestic EIA processes | |
| |
| |
| |
Domestic EIA structure: process and substance | |
| |
| |
| |
The roles of domestic EIA processes | |
| |
| |
| |
EIA in developing countries | |
| |
| |
| |
Application of domestic EIA beyond the state | |
| |
| |
| |
Conclusion | |
| |
| |
| |
EIAs and general principles of international environmental law | |
| |
| |
| |
Introduction | |
| |
| |
| |
Nondiscrimination | |
| |
| |
| |
The harm principle | |
| |
| |
| |
The duty to cooperate | |
| |
| |
| |
The proceduralization of the harm principle | |
| |
| |
| |
Sustainable development | |
| |
| |
| |
Conclusion | |
| |
| |
| |
EIA commitments in international law | |
| |
| |
| |
Sources of international EIA commitments | |
| |
| |
| |
Introduction | |
| |
| |
| |
Explicit EIA commitments | |
| |
| |
| |
Formally non-binding instruments | |
| |
| |
| |
MEAs as a source of international EIA | |
| |
| |
| |
EIA guideline documents | |
| |
| |
| |
International organizations | |
| |
| |
| |
EIA and interstate disputes | |
| |
| |
| |
Customary obligations to perform EIAs | |
| |
| |
| |
Elaboration of existing EIA commitments | |
| |
| |
| |
Conclusion | |
| |
| |
| |
The structure of international EIA commitments | |
| |
| |
| |
Introduction | |
| |
| |
| |
Screening | |
| |
| |
| |
Scoping and the contents of EIA reports | |
| |
| |
| |
Notification and consultation | |
| |
| |
| |
Public participation | |
| |
| |
| |
Final decisions | |
| |
| |
| |
Post-project monitoring | |
| |
| |
| |
Strategic environmental assessment | |
| |
| |
| |
Implementation | |
| |
| |
| |
Conclusion | |
| |
| |
| |
Determinants of international EIA commitments | |
| |
| |
| |
Structure of EIA commitments | |
| |
| |
| |
The role of EIA commitments in international law | |
| |
| |
| |
EIAs and compliance | |
| |
| |
| |
Introduction | |
| |
| |
| |
Implementation, compliance and effectiveness | |
| |
| |
| |
Process-oriented compliance models | |
| |
| |
| |
The managerial model | |
| |
| |
| |
Transnational legal process | |
| |
| |
| |
Legitimacy and compliance | |
| |
| |
| |
Process values: transparency, participation and discursiveness | |
| |
| |
| |
Transparency | |
| |
| |
| |
Participation | |
| |
| |
| |
Discursiveness | |
| |
| |
| |
EIAs as transnational legal processes | |
| |
| |
| |
Substantive values: normativity and context | |
| |
| |
| |
Standards and norms in EIA processes | |
| |
| |
| |
Context and EIAs | |
| |
| |
| |
Science as a normative influence | |
| |
| |
| |
Conclusion | |
| |
| |
| |
EIAs, interests and legitimacy | |
| |
| |
| |
Introduction | |
| |
| |
| |
EIAs and interest-coordination | |
| |
| |
| |
EIAs and interest-transformation | |
| |
| |
| |
EIAs and legitimacy | |
| |
| |
| |
Conclusion | |
| |
| |
| |
Conclusion | |
| |
| |
| |
EIAs and the process and substance of international environmental law | |
| |
| |
| |
Introduction | |
| |
| |
| |
Proceduralism, transnationalism and integration in international environmental governance | |
| |
| |
| |
Process-oriented approaches and EIAs | |
| |
| |
| |
Proceduralization as a form of governance | |
| |
| |
| |
The effectiveness of international EIA commitments | |
| |
| |
| |
Conclusion: an action-forcing mechanism for international environmental law | |
| |
| |
Appendices | |
| |
| |
| |
List of international instruments containing EIA commitments | |
| |
| |
| |
Espoo Convention | |
| |
| |
| |
Antarctic Protocol, Annex I | |
| |
| |
Bibliography | |
| |
| |
Index | |