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Foreword

于Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments
著者:
Michael Reisman
Michael Reisman
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A technological and science-based civilization has the capacity – and the imperatives – to mount large-scale initiatives that impact the environment. A rational program to protect the environment is one which anticipates the impacts that such initiatives will have; if the initiatives do not promise to be environmentally neutral, their costs and benefits can be weighed in advance and alternatives may be invented. Because the environment is a common resource on which all members of the community depend, procedures for deciding on projects which may impact the environment should be as democratic as possible, for public participation, while a value in itself, also enables the mobilization of sectors of the public for the defense of the environment. And in as much as the environment knows no boundaries, procedures should allow for transnational participation.

Among the repertory of techniques for making rational decisions about those initiatives, the environmental impact assessment or eia is the most widespread. The forerunner of eia practice was the United States’ National Environmental Policy Act of 1970. It has been followed by comparable legislation in almost all members of the United Nations and, because of the transboundary effects of many initiatives, its place in international law has been confirmed by the International Court of Justice.

That said, there is a world of difference between the prescription of policy and its actual application. Legal systems have no shortage of lex imperfecta and lex simulata: legislative exercises which look effective and pay lip service to the common interest but are actually intended to be virtually hollow, containing only the seeds of their own ineffectiveness. Viviane Meunier-Rubel, an international legal scholar committed to procedures enhancing sound environmental decisions in a public order of human dignity, insists on asking whether the eias really are mere “paper tigers” or whether they can play a “significant determinative role in environmental protection and international law making”. She traces the history, diffusion and practice of eias transnationally before focusing, in granular detail, on three transnational cases: the Vuotos dam and reservoir project for hydropower in Finland; an extra-high voltage power line between France and Spain as part of the development of the European power grid; and the Upper Mekong Navigation Improvement project.

Sir Henry Maine famously said of the Common Law that it seems to secrete substantive law in the “interstices of procedure”. So too eias. Though the outcomes of these cases vary, Ms. Meunier-Rubel shows that the eia has emerged as a common procedural experience which can empower individuals to participate in transnational environmental networks. It is not a panacea. Its success depends, among other things, on a politically open context, access to accurate data and, even then, it is part of a larger decision process which can corrupt its outcomes. But if perfection is unattainable, a sound public order is the better for the effort.

Readers of this brilliantly written and ground-breaking book will find that Meunier-Rubel’s guarded optimism is warranted and one hopes that many will be inspired to apply her methodology and her insights for the benefit of the earth’s environment.

Michael Reisman

Yale Law School

New Haven, Connecticut – U.S.A.

July 6, 2021

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Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments

丛编: International Environmental Law, 卷: 17
Cover Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments
ISBN:
9789004467583
出版社:
Brill | Nijhoff
印刷出版日期:
03 Aug 2022
  • Subjects
    • International Law
      • International Law: General Interest
      • Environmental & Energy Law
Front Matter
Preliminary Material
Copyright Page
Dedication
Abstract
Foreword
Acknowledgements
Acronyms
Table of Cases
Table of Treaties and Other International Instruments
Chapter 1 Introduction
Chapter 2 Sources and Structure of International Environmental Impact Assessment Prescriptions
Chapter 3 The Role of EIAs in Public International Law
Chapter 4 The Vuotos Case
Chapter 5 France – Spain Interconnection
Chapter 6 The Upper Mekong Navigation Improvement Project (UMNIP)
Chapter 7 Conclusion
Appendices
Appendix 1 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention)
Appendix 2 Annex I to the Protocol on Environmental Protection to the Antarctic Treaty Environmental Impact Assessment
Appendix 3 Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the Assessment of the Effects of Certain Public and Private Projects on the Environment (Codification of the 1985 EIA Directive)
Appendix 4 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention)
Back Matter
Selective Bibliography
Index

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