Protecting the Third Pole
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Protecting the Third Pole

Transplanting International Law

Simon Marsden

This highly topical book considers the important question of how best to protect the environment of the Third Pole โ€“ the area comprising the Hindu Kush Himalayas and Tibetan Plateau โ€“ 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.
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Chapter 5: Transboundary environmental impact assessment

Simon Marsden


Chapter 5 considers the international law for environmental impact assessment (EIA) and its role in regulating significant transboundary environmental effects of development projects. The recognition of EIA in customary international law is explained following findings of the International Court of Justice (ICJ) in 2010 and 2015 together with the role of the EIA Convention, emphasised in related ICJ separate opinions. The relevance and practical application of this treaty in the Third Pole context is analysed in detail together with the related SEA Protocol. Measures in the Arctic EIA Guidelines and Antarctic Environmental Protocol are also analysed, before conclusions are drawn in relation to the potential of each as legal transplants.

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