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International Law of Environmental Impact Assessment Process, Substance and Integration

ISBN-10: 0521879450

ISBN-13: 9780521879453

Edition: 2008

Authors: Neil Craik

List price: $144.00
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The central idea animating environmental impact assessment (EIA) is that decisions affecting the environment should be made through a comprehensive evaluation of predicted impacts. Notwithstanding their evaluative mandate, EIA processes do not impose specific environmental standards, but rely on the creation of open, participatory and information rich decision-making settings to bring about environmentally benign outcomes.In light of this tension between process and substance, Neil Craik assesses whether EIA, as a method of implementing international environmental law, is a sound policy strategy, and how international EIA commitments structure transnational interactions in order to influence decisions affecting the international environment. Through a comprehensive description of international EIA commitments and their implementation with domestic and transnational governance structures, and drawing on specific examples of transnational EIA processes, the author examines how international EIA commitments can facilitate interest coordination, and provide opportunities for persuasion and for the internalization of international environmental norms.
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Book details

List price: $144.00
Copyright year: 2008
Publisher: Cambridge University Press
Publication date: 2/21/2008
Binding: Hardcover
Pages: 358
Size: 6.25" wide x 9.25" long x 1.00" tall
Weight: 1.540
Language: English

Neil Craik is director of the School of Environment, Enterprise, and Development at the University of Waterloo.

Table of cases
Table of international instruments
Introduction and overview
EIAs and the process and substance of international law
Proceduralism, transnationalism and integration
EIAs and compliance
Background norms
Domestic origins of international EIA commitments
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
EIAs and general principles of international environmental law
The harm principle
The duty to cooperate
The proceduralization of the harm principle
Sustainable development
EIA commitments in international law
Sources of international EIA commitments
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
The structure of international EIA commitments
Scoping and the contents of EIA reports
Notification and consultation
Public participation
Final decisions
Post-project monitoring
Strategic environmental assessment
Determinants of international EIA commitments
Structure of EIA commitments
The role of EIA commitments in international law
EIAs and compliance
Implementation, compliance and effectiveness
Process-oriented compliance models
The managerial model
Transnational legal process
Legitimacy and compliance
Process values: transparency, participation and 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
EIAs, interests and legitimacy
EIAs and interest-coordination
EIAs and interest-transformation
EIAs and legitimacy
EIAs and the process and substance of international environmental law
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
List of international instruments containing EIA commitments
Espoo Convention
Antarctic Protocol, Annex I