Transboundary Pollution
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Transboundary Pollution

Evolving Issues of International Law and Policy

Edited by S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan

This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in this context. The editors bring together leading scholars and practitioners to analyse the international legal framework and cooperative mechanisms that have been developed to address this pressing issue. The book also includes case studies of Asia and Southeast Asia to demonstrate how international law governing transboundary pollution has evolved and been applied in practice.
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Chapter 5: Environmental impact assessment in preventing transboundary river pollution under international law: an analysis

Lan Hua


Fresh water is an important resource for riparian countries, not only for the daily life of the public, but also for agricultural irrigation and hydroelectric power production. Clean, fresh water is also essential to the protection of the ecosystem and conservation of the river basins. With economic development, rivers have been increasingly utilised and exploited, creating crises and debate among the riparian countries regarding issues of pollution risk and environmental protection. Effective pollution prevention and control requires political willingness and cooperation and good faith implementation of specific legal frameworks at the domestic level. Among the legal frameworks established by States’ practice, the Environmental Impact Assessment (EIA) mechanism is increasingly important and necessary in regulating the use of transboundary rivers. This chapter examines the legal roles and application of the EIA principle from the perspective of international law by analysing the practice of international dispute settlement relating to transboundary rivers, with the objective of developing suggestions for pollution control measures along the Lancang–Mekong River by the riparian countries in the context of the rapid development of the hydropower industry.

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