Transboundary Environmental Impact Assessment Research Articles

Transboundary water resource management and sustainable development in the lancang-mekong river basin: an analysis of international water law

ABSTRACT The Lancang-Mekong River Basin stands as one of the most critical and complex transboundary basins globally, where the utilization and protection of water resources are paramount. This basin, linking China, Myanmar, Laos, Cambodia, Thailand, and Vietnam, is characterized by a dense population and rapid industrial and agricultural development, fostering frequent economic and cultural exchanges. Cooperative efforts in water resource utilization and protection among these countries lead to issues such as resource disputes, environmental pollution, and collaboration barriers. Since the six basin countries have not jointly joined any international convention on water resources development or protection, disputes have been resolved and cooperation promoted through existing inter-state cooperation mechanisms for many years. However, these mechanisms often fall short due to the lack of common guiding principles. Achieving sustainable water resource development in the Lancang-Mekong River Basin aligns with the national interests of the six countries. The basin states can establish a transboundary Environmental Impact Assessment system and a dispute settlement mechanism. Constructing a comprehensive Integrated Water Resource Management Cooperation Mechanism, rooted in the fundamental principles of international water law, is crucial for enhancing the level of international cooperation within the basin.

Research on the Transboundary Environmental Damage Caused by the Discharge of Nuclear Wastewater in Japan

Neighboring nations voiced severe protests when Japan unilaterally declared on August 23, 2023, that it intended to release radioactive effluent stockpiled since the Fukushima nuclear accident in 2011 into the ocean. Japan clearly breaches international law by acting in a way that is contrary to its duties for reasonable risk prevention, notification, and transboundary environmental impact assessment. In the international community, the question of transboundary injury accountability and compensation has long been of concern. International conventions addressing transboundary pollution are mostly framework agreements with soft law provisions, which means that their substantive impact on contracting parties' behavior is minimal. This article examines the national and personal obligations that the party in control of this nuclear wastewater discharge should have by combining concepts of international law, including the principle of attribution, state sovereignty, and international environmental protection. It examines the characteristics of international transboundary damage liability and compensation schemes from the standpoint of governments taking on international environmental responsibility.

Past local industrial disasters and involvement of NGOs stimulate public participation in transboundary Environmental Impact Assessment

Environmental Impact Assessment (EIA) emerged as a regulatory procedure and is now implemented worldwide. EIA aims to increase the sustainability of economic activities by decreasing the impact on environmental components. Transparency of the evaluation process is a key feature of the procedure, and this is achieved predominantly by encouraging participation in public debates. Public participation is essential for EIA's effectiveness, particularly in transboundary projects. This study evaluates whether media coverage of certain projects with transboundary environmental impacts increases public participation during EIA. We analyzed how online media covered the stories about four major projects subject to the EIA procedure in Romania (i.e., reactors 3 and 4 of Cernavoda Nuclear Power Plant, Oltenita used oil recycling facility, Certej mining project, management of Moldova Noua tailing ponds). We focused on articles published between 2010 and 2020, covering stories about the four projects. We further extracted the stakeholders involved in the projects using social network analysis. We extracted the main topics of articles discussing the four projects using deep categorization tools. The polarities of titles and contents of the articles were assessed using sentiment analysis tools. Our findings indicate that EIA is a media subject only when NGOs become important actors in the process and the industry generated local industrial disasters in the past; otherwise, the media rarely debate the environmental impact of projects. Without NGO reactions, Romanian readers are fed with political and economic aspects driven by large projects rather than environmental issues. The outcome of the current study is significant for understanding what triggers NGOs and the media to take a stand against major projects. Projects involving activities that generated ecological disasters in Romania's recent history are strongly opposed by NGOs and the public. In such cases, environmental and EIA topics are more often included in media stories. However, projects with undeniable environmental impact but without a negative background in Romania do not reach the public agenda, and the media stories do not focus on environmental aspects either, leading to limited public participation within the EIA procedure.

Procedure for the Transboundary Environmental Impact Assessment of Contemplated Investment Projects in the Polish Legal System

Procedure for the Transboundary Environmental Impact Assessment of Contemplated Investment Projects in the Polish Legal System

Belarusian Ostrovets nuclear power plant: the challenge of cross-border negotiations to balance economic development and environmental protection†

Abstract States have sovereign rights that allow them to construct nuclear power plants. Moreover, engaging with nuclear power generation makes possible the achievement of the Sustainable Development Goals (2016–30) in combatting climate change, paramount to the Paris Agreement’s initiatives. In the same vein, however, constructing and operating power plants pose strict dangers to both general safety of the public and to national security. Thus, plant operations should strictly abide by the International Atomic Energy Agency (IAEA) standards and international law. As a result, it is important to consider the potential transboundary impacts of nuclear power plants and to conduct an appropriate transboundary environmental impact assessment (EIA). The article examines the construction of the Ostrovets Nuclear Power Plant by Belarus, close to the border of the Republic of Lithuania. The question in focus, however, is as follows: what international procedure can be used to coordinate issues of potentially negative transboundary impacts? Lithuania, in order to avoid the operation of the nuclear power plant, thus sought peaceful settlement of the dispute making use of the dispute resolution mechanisms based on international environmental agreements. The authors of this study show that the treaty bodies, established on the basis of international environmental agreements, provide important assistance in this matter in coordination with the IAEA. The use of these quasi-judicial means of resolving interstate disputes proves effective in pursuing a compromise between economic development and environmental protection. In the absence of such mechanisms at a universal level, one should consider utilizing such mechanisms in other regions of the world.

Legal Opinion Concerning Japan’s Duty to Cooperate with the International Whaling Commission with Respect to Any Resumption of Commercial Whaling

Japan has formally indicated its intent to withdraw from the International Convention for the Regulation of Whaling (ICRW) and the International Whaling Commission (IWC) and signaled its intent to resume commercial whaling for minke, sei, and Bryde’s whales within its territorial seas and exclusive economic zones. Even if Japan withdraws from the ICRW and IWC, however, Japan is still bound by customary international law and other treaty law, including the UN Convention on the Law of the Sea (UNCLOS), to which it is a party. Both customary international law and UNCLOS impose on States a duty to cooperate. Customary international law also includes a duty to conduct a transboundary environmental impact assessment (EIA) prior to conducting any activity that may adversely affect the territory of another State or areas beyond national jurisdiction. Thus, if Japan resumes commercial whaling after withdrawing from the ICRW, it would still be bound by the duty to cooperate and, because it intends to allow hunting of whales shared with other States, it would be required to prepare a transboundary EIA. The International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), and other international tribunals have all declared that the duty to cooperate, whether as customary international law or as a fundamental principle of UNCLOS, requires States to give “due regard” to the rights of other States, as well as exchange information and consult regarding activities that engage those rights. In particular, UNCLOS requires Japan to cooperate through the IWC because UNCLOS requires Parties to cooperate through the “appropriate international organizations.” The IWC is the “appropriate international organization” regardless of whether Japan whales in its exclusive economic zone or the high seas and regardless of the presence of any other organization because the IWC has a global mandate to conserve, manage, and study whales and it has actively embraced that mandate, including with respect to the stocks that Japan intends to hunt. To fulfill its UNCLOS duty to cooperate, Japan must participate meaningfully in meetings of the IWC and the IWC Scientific Committee, submit data on whales struck and lost as well as whales caught as bycatch, and implement the Revised Management Procedure (RMP) because the RMP represents the scientifically-vetted method for calculating sustainable catch limits. Moreover, to ensure its whaling is sustainable, Japan must prohibit whaling, at least until significant data gaps are filled in relation to the stocks that Japan intends to hunt. IWC members that are also UNCLOS Parties may vindicate their rights using the binding and compulsory dispute settlement provisions of UNCLOS.

Source tagging modeling study of regional contributions to acid rain in summer over Liaoning Province, Northeastern China.

Strong acid rain was recently observed over Northeastern China, particularly in summer in Liaoning Province where alkaline dust largely neutralized acids in the past. This seems to be related to the regional transboundary pollution and poses new challenges in acid rain control scheme in China. In order to delve into the regional transport impact, and quantify its potential contributions to such an "eruption" of acid rain over Liaoning, this paper employs an online source tagging model in coupling with the Nested Air Quality Prediction Modeling System (NAQPMS). Validation of predictions shows the model capability in reproducing key meteorological and chemical features. Acid concentration over Liaoning is more pronounced in August (average of 0.087 mg/m3) with strong pollutant import from regional sources against significant depletion of basic species. Seasonal mean contributions from regional sources are assessed at both lower and upper boundary layers to elucidate the main pathways of the impact of regional sources on acid concentration over Liaoning. At the upper layer (1.2 km), regional sources contribute to acid concentration over Liaoning by 67%, mainly from Shandong (16%), Hebei (13%), Tianjin (11%) and Korean Peninsula (9%). Identified main city-receptors in Liaoning are Dandong, Dalian, Chaohu, Yingkou, Liaoyang, Jinfu, Shengyang, Panjin, Tieling, Benxi, Anshan and Fushun. At lower layer (120 m) where Liaoning local contribution is dominant (58%), regional sources account for 39% in acid concentration. However, inter-municipal acid exchanges are prominent at this layer and many cities in Liaoning are revealed as important sources of local acid production. Seasonal acid contribution average within 1.2 km-120 m attains 55%, suggesting dominance of vertical pollutant transport from regional sources towards lower boundary layer in Liaoning. As direct environmental implication, this study provides policy makers with a perspective of regulating the regional transboundary environmental impact assessment in China with application to acid rain control.

Post‐environmental Impact Assessment Monitoring of Measures or Activities with Significant Transboundary Impact: An Assessment of Customary International Law

Transboundary environmental impact assessment (EIA) is a rather new regulatory tool under international law. While there is consensus that customary international law obliges States to require transboundary EIA to be conducted for particularly invasive measures, the specific procedure and content of these assessment procedures is not stipulated by customary international law. It rather provides general principles that leave considerable room for interpretation by States when implementing transboundary EIA requirements and procedures. A procedural measure so far little discussed is post‐EIA monitoring of particularly invasive measures. Post‐assessment monitoring is, however, considered to be a necessary tool to enable stakeholders to manage environmental impacts effectively. Still, due to a lack of specific State practice and opinio iuris, an obligation to conduct or require post‐EIA monitoring does not exist as a separate provision of customary international law. Nonetheless, it may follow indirectly from the obligation to exchange information and the no‐harm rule.

Environmental Assessment of Cross-Border Development : China and the Third Pole

This paper examines China’s role in the regulatory framework for environmental assessment in the ‘Third Pole’ sub-region of South Asia: the Tibetan Plateau and related mountain ranges, in particular the Himalayas. To date development has been limited, partly as a result of poverty, conflict and relative inaccessibility. However, recent collaboration between China and Pakistan, improved communication between India and China, Chinese development of Tibet, and the export of Chinese development to other countries in the sub-region financed by the Asian Infrastructure Investment Bank, is likely to change things dramatically. Major infrastructure development, such as railways and hydroelectric dams, will place the environment under considerable pressure in the future. Given the cross-border focus of this development, the paper examines transboundary solutions to environmental protection, in particular transboundary Environmental Impact Assessment (EIA) under international law and the development of a new environmental safeguards policy.

Transboundary Environmental Impact Assessment of Large Dams in the Euphrates–Tigris Region: An Analysis of International Law Binding Iran, Iraq, Syria and Turkey

The Euphrates–Tigris river system is among the most intensely developed freshwater resources worldwide. At the centre of its development are large‐scale dams supplying extensive irrigation schemes and hydroelectric power plants, which substantially impact the river system's dynamic and water quality. Due to the international dimension of the utilization of cross‐border freshwater systems, the impacts of the freshwater developments of Iran, Iraq, Syria and Turkey can only be effectively addressed by environmental impact assessment (EIA), which takes into account transboundary effects. Since domestic EIA regulations of the Euphrates–Tigris riparian States pay little attention to transboundary effects, and no treaty would commit them to transboundary EIA in respect to the river system, such a requirement may only derive from customary international law. This article will show to what extent transboundary EIA is required by customary international law and how far these provisions bind the Euphrates–Tigris riparian States.

Environmental impact assessment in the practice of international court of justice

The paper deals with the legal institute of transboundary environmental impact assessment and its application in concrete reality of international relations. The article starts from the recent judgment of the ICJ in the environmental dispute between Costa Rica and Nicaragua which was based on the analysis of the content, legal status and mode of application of this institute. The author firstly gives a brief overview of factual background and legal history of the dispute so as to enable the reader to understand the context of the judgment. The author points the climate and environmental factors that create the politically tense climate in the region. Then, the legal analysis of transboundary environmental impact assessment in general international law is given through the overview of legal scholarship, treaty norms and international jurisprudence. A separate section is devoted to the application of this institute in the branch of international law which regulates the use of international watercourses, since the crux of the dispute is about the usage of the shared San Juan river and its ecosystems. In the last part, the interpretation of this institute in the disposition of the judgment of the ICJ is given, and some examples of Court?s argumentation which represent a new understanding of some elements of this institute or which clear previous dilemmas concerning the modes of interpretation are presented. The author points out also that the Court has missed the opportunity to shed additional light on the mode of application of this institute in the emergency cases on the territory of the state which is under an obligation to apply it. The article concludes with the statement that the judgment in the dispute between Costa Rica and Nicaragua has on the whole contributed to the established status of this institute as the norm of general international law, however, it still stands for further legal practice to define the precise contents of the procedure for its application.

Public Participation in Environmental Impact Assessments Between Spain and Portugal

Since 2000, the Transboundary Environmental Impact Assessment (TEIA) process in the Iberian context has undergone significant development due to new circumstances that came into play at the bilateral and European levels: (i) the adoption of a collaborative TEIA Protocol between Spain and Portugal in 2008; and (ii) the increasing number of cross-border projects supported by European Union funds. Despite these developments, the impact of this bilateral regulation on public participation, the cornerstone of any Environmental Impact Assessment (EIA), has not yet been fully examined. Drawing from specific literature focusing on the involvement of the public as the basis of effective improvement of the TEIA, this paper critically analyses if the lates transboundary provision has encouraged public participation in this context. Although the analysis of the TEIA enforcement revealed a considerable increase in the number of consultations between the neighbouring states compared to the previous situation, public involvement has not increased. Based on these findings, this paper presents a set of recommendations to more effectively involve the public in transboundary consultations.

Learning from transboundary environmental impact assessment under the Espoo Convention: a case of the Neman Hydropower Plant, Belarus

Transboundary environmental impact assessment (TEIA) is becoming widespread; however, there is still little evidence about its implementation and usefulness in countries in transition, especially where TEIA builds on the convergence of distinct environmental assessment systems. This paper reviews the performance of the Belarusian–Lithuanian TEIA of the Neman Hydropower Plant in order to identify and discuss its strengths and weaknesses across various organizational and procedural aspects and to make suggestions for improvement. The Espoo Convention proved to be capable of bridging two assessment systems. Certain difficulties with implementing some of its provisions were tackled in a doing-by-learning manner. The greatest problems were associated with the lack of screening practice in Belarus, delayed assessment process undermining its usefulness, misunderstanding of what informal cooperation stands for and what constitutes a ‘final decision’, and limited collaboration in establishing a time frame and duties. The paper suggests learning from these issues and the solutions found.

Evaluating Espoo: What Protection does the Espoo Convention Offer the Arctic Marine Environment?

Abstract This article reviews the extent of the duty of States to conduct a transboundary environmental impact assessment (TEIA) prior to activity in the Arctic Ocean as part of the customary law principle of prevention. Examples are drawn from the offshore hydrocarbon industry. The paper examines in detail the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its application in the High North, reviewing its utility as well as deficiencies in the comparative light of alternative frameworks, such as the voluntary guidelines of the Arctic Council, the Convention on the Law of the Sea, and the Nordic Environmental Protection Convention. The consequences of a TEIA report are discussed in light of customary international law.

Giving Substance to Form: Moving towards an Integrated Governance Model of Transboundary Environmental Impact Assessment

This article addresses the distinction drawn by the International Court of Justice in its judgment in the Pulp Mills case between procedural and substantive obligations in relation to transboundary environmental impact assessment (TEIA). Challenging the presumption that procedural obligations are fundamentally linked with the broader substantive goals of TEIA, this paper contends that this will only be the case where a focus on a strong role for public participation can serve to mitigate the information asymmetries endemic to TEIA processes. Longer-term reform strategies, incorporating a threefold focus upon procedural obligations, substantive standards and effective enforcement processes, are also explored.

Transboundary Environmental Impact Assessment in the Case of the Baltic Sea Gas Pipeline

The article examines the transboundary environmental impact assessment (EIA) procedure that was applied to the Baltic Sea Gas Pipeline (BSGP). The BSGP is not only the longest offshore pipeline ever planned, but also the transboundary EIA procedure that was applied to it was the most challenging transboundary EIA procedure ever conducted. The procedure involved five origin and nine affected states, that is, all the coastal states of the Baltic Sea. The article examines how the transboundary EIA was organized in this challenging case. It is useful to show how the national EIA system of Finland was integrated into the functioning of the overall transboundary EIA procedure in order to show the complexity involved in organising such large-scale transboundary EIAs. The article ends with an evaluation of whether the responsible officials were able to organise the transboundary EIA in this case in a quality manner and with conclusions as to what can be learned of this procedure for future largescale transboundary EIAs.

Case Concerning Pulp Mills on the River Uruguay (Argentina v. Uruguay) (Judgment) [2010

The Pulp Mills case is the latest in a series of environmental cases to find its way before the ICJ. Pulp Mills contributes to the development of international environmental law by confirming that that transboundary environmental impact assessment is part and parcel of general international law. It is true that deficiencies remain in connection with the nature, scope and content of the EIA (including public consultation). However, states planning projects that pose risks of significant transboundary environmental harm (or threaten shared natural resources) shoulder a significant obligation of due diligence to ensure the environment or resources are protected from harm.

Developing Approaches to Trans-boundary Environmental Impact Assessment in China: Co-operation through the Greater Tumen Initiative and in the Pearl River Delta Region

Trans-boundary environmental impact assessment (TEIA) applies to the relationship between States, with provisions found in customary and treaty law; it may also apply within a State, where there are separate jurisdictions. This article considers both of these dimensions from the experience of the Greater Tumen Initiative in Northeast Asia, and in the Pearl River Delta Region in South China. The fact that both areas focus on river basins is significant, as much experience with TEIA relates to trans-boundary rivers. TEIA is defined with reference to the Convention on Environmental Impact Assessment (EIA)inaTrans-boundaryContext (theEspooConvention).Recommendationsincludea morewidespreadapplication ofTEIA, establishment of new governance structures and amendment of China’s domestic EIA Law.

Transboundary Environmental Impact Assessment in International Waters:

Transboundary Environmental Impact Assessment in International Waters:

Issuess of Elaborating Transboundary Environmental Impact Assessment Modalities: Case of the Mekong River

Issuess of Elaborating Transboundary Environmental Impact Assessment Modalities: Case of the Mekong River