Transplanting International Law
Chapter 5: Transboundary environmental impact assessment
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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