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Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way.The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and 'soft law' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions.Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.
This book examines 'The Espoo Convention on Environmental Impact Assessment in a Transboundary Context', which celebrates the twentieth anniversary of its adoption in 2011, and its 'Kiev Protocol on Strategic Environmental Assessment' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law. The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.
Environmental Impact Assessment (EIA) is a well-established instrument of Environmental Law and policy that aims to ensure that potential adverse environmental effects of human activities are assessed before decisions on such activities are made. The instrument is increasingly being applied in respect of activities that may cause environmental effects across the borders of a state. In this book, thirteen systems of Transboundary Environmental Impact Assessment (TEIA) are assessed that exist or are in development in different parts of the world. Although TEIA is generally associated with EIA between territorial states, this book takes a broader approach and is divided into three sub-parts: Transboundary EIA between states, EIA for activities in international and shared areas, and EIA required by international financial institutions. Knowledgeable experts (scholars and practitioners) provide an overview of the history, content, and practice of the individual systems and, based on these discussions, the state of the art concerning TEIA and possible future developments are discussed.
This authoritative handbook surveys the full breadth and depth of SEA, bringing together a range of international perspectives and insights on the theoretical, methodological and institutional dimensions and practical issues of the field. It then subjects this conventional wisdom to a critical reappraisal, looks at the vast lessons of experience and offers new ideas and interpretations as to where the field is going. The volume is organized into six major sections, beginning with an introduction and overview of the development of the field and a framework for evaluating SEA good practice. Part I comprises a review of SEA frameworks in leading countries (Australia, Canada, New Zealand and the USA), the European Union and developing regions (Africa, Asia, Latin America and Newly Independent States). Part II reviews SEA practice in several major sectors (energy, minerals, transport, water, development assistance and coastal zone management). Part III addresses the linkages between SEA and other comparable tools such as spatial planning and environmental management. Part IV probes key cross-cutting issues in SEA, including how to address cumulative and trans-boundary effects. Part V identifies ways and means of SEA process and capacity development, focusing on how to improve and upgrade the theory and practice of the field. Part VI examines the shift from conventional SEA towards more integrative approaches, drawing on experience and examples from a number of countries. Published with IAIA
Anyone serious about integrating environmental factors into planning and policy making will gain new insights and ideas from Fischers book on SEA; and students, teachers and practitioners of the subject will find the book essential. Leonard Ortolano, Professor at Stanford University, USA Fischers book demystifies the process and substantive analytical dimensions of SEA. Offering solidly documented empirical evidence of the value of SEA to development, the knowledge captured in this book is a great contribution to the practice. Linda Ghanime, Environmental Operations and Policy Adviser, United Nations Development Program This book is an invaluable reference text for SEA practitioners. I recommend it to everyone! Xu He, Professor and Director of the Strategic Environmental Assessment Center at Nankai University, China Fischer gives a concise and wellstructured account of SEA as it is used today. Readers thus will gain important insights into SEA: why it is important, how it works, and what it can and should achieve. Professor Thomas Bunge, Federal Environment Agency, Germany Strategic Environmental Assessment (SEA) is a fast-growing and rapidly evolving professional field driven by both advances in theory and practice and by regulatory requirements in Europe, North America, Australasia, South Africa and increasingly across Asia. However, to date, analysis of existing practice and associated reporting has remained far from systematic and there has been a clear need for a comprehensive textbook to facilitate teaching, learning and practice in this burgeoning field. This textbook, the first of its kind, provides for a state-ofthe-art review of SEA theory and practice and promotes a more systematic approach to SEA. It is written for a wide student, professional and academic audience and aims particularly at supporting the development of SEA modules in undergraduate and postgraduate planning, environmental assessment, engineering and law courses. It provides an overview of the fundamental principles and rules of SEA, reports systematically on international SEA practice and theory and pushes the envelope by developing the theory. Supporting material includes boxed examples and case studies from around the world, extra reading suggestions and a glossary of terms. This is the essential book for all students, professionals and academics in SEA and EIA and follow-up worldwide.
Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way. The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and 'soft law' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions. Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.
Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.
Informed by international law, international relations and environment management scholarship, this interdisciplinary analysis of environmental regimes in Asian subregions proposes a new regime for the Himalayas and Tibetan Plateau based on China’s cooperation with its south Asian neighbors.
A comprehensive overview of treaty implementation and compliance concerning transboundary environmental governance in Asia is provided in this timely book. Recent United Nations Economic Commission for Europe (UNECE) membership by Asian states in the C
This unique sourcebook provides a global, state-of-the-art review of the rapidly evolving field of strategic environmental assessment (SEA) that is intended to serve as a baseline for the work of an OECD Task Team on SEA and a UNEP initiative on integrated planning and assessment. It describes trends in application and experience in different contexts worldwide, providing in-depth coverage of the status of SEA systems, and practice in developed, transitional and developing countries by a range of development agencies. The book draws on a large body of published and unpublished material, and contributions from a wide range of individual experts, organizations and agencies. It provides an unparalleled and invaluable understanding of the emerging scope and potential of SEA and describes how, when and where it is being used. The sourcebook includes a probing review of concepts, terminology, approaches and tools of SEA, and a comparative analysis of the different types of existing SEA systems. The volume also contains many case examples illustrating SEA practice in different countries and contexts, a full set of references and a number of appendices containing source materials.