Strategic Environmental Assessment In International And European Law
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Author | : Simon Marsden |
Publisher | : Earthscan |
Total Pages | : 347 |
Release | : 2012 |
Genre | : Business & Economics |
ISBN | : 1849772665 |
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.
Author | : Simon Marsden |
Publisher | : Routledge |
Total Pages | : 353 |
Release | : 2013-11-05 |
Genre | : Law |
ISBN | : 1134075065 |
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.
Author | : Kees Bastmeijer |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 425 |
Release | : 2008 |
Genre | : Law |
ISBN | : 9004164790 |
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.
Author | : Giovanni Campeol |
Publisher | : Springer Nature |
Total Pages | : 146 |
Release | : 2020-07-06 |
Genre | : Science |
ISBN | : 3030461807 |
This volume gathers a selection of research contributions on Strategic Environmental Assessment (SEA), including theoretical and methodological studies and real-world case studies. It sheds new light on the respective steps in the procedure defined in the SEA Directive from theoretical and operational standpoints, intended to enhance the sustainability of plans and programmes adopted by local, regional and national authorities. Improving the legitimacy and transparency of decision-making in the field of environmental management was one of the goals that led the European Commission (EU) to adopt Directive 2001/42/EC on the assessment of environmental programmes’ effects. This book provides a multidisciplinary approach to SEA, and addresses the demand for policies and strategies to strengthen resilience through concrete measures to reduce energy consumption, mitigate pollution, promote social inclusion and create urban identity.
Author | : Barry Sadler |
Publisher | : Routledge |
Total Pages | : 642 |
Release | : 2012-09-10 |
Genre | : Political Science |
ISBN | : 113653914X |
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
Author | : Simon Marsden |
Publisher | : Routledge |
Total Pages | : 348 |
Release | : 2012-05-16 |
Genre | : Law |
ISBN | : 1136556435 |
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.
Author | : Thomas B Fischer |
Publisher | : Routledge |
Total Pages | : 210 |
Release | : 2010-09-23 |
Genre | : Architecture |
ISBN | : 1136535713 |
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.
Author | : Gregory Jones KC |
Publisher | : Bloomsbury Publishing |
Total Pages | : 415 |
Release | : 2017-02-23 |
Genre | : Law |
ISBN | : 1782255532 |
The Strategic Environmental Assessment Directive (Directive 2001/42/EC) (SEA Directive) has been a lurking legal presence in EU and UK environmental law. Now, just over a decade since its implementation, the impacts of the SEA Directive are beginning to be felt throughout the UK, and more broadly throughout the European Union as a whole. These developments have been driven both by the expansive interpretation of the Directive's scope by the Court of Justice of the European Union and by a slow learning process about how this new type of regulation should be legally interpreted and applied. This edited collection is the first volume to reflect comprehensively on the emerging legal identity of SEA in the EU and UK. With contributions addressing the impact of the SEA Directive on the fields of town and country planning and European environmental law, the book is a comprehensive analysis of all aspects of the Directive, from its history and scope, to its impact on governmental policy and its implications in practice. The volume both reflects on key cases such as Case C-567/10 Inter-Environnement Bruxelles and HS2, and looks forward, as it considers and projects future legal implications of the SEA Directive. Written by a blend of distinguished academics and leading practitioners, it provides an in-depth critique and rounded appreciation of both the immediate practical effects of SEA and its wider impact on European and UK environmental law.
Author | : Simon Marsden |
Publisher | : Routledge |
Total Pages | : 409 |
Release | : 2016-02-24 |
Genre | : Law |
ISBN | : 1317008049 |
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.
Author | : Riki Therivel |
Publisher | : Routledge |
Total Pages | : 385 |
Release | : 2012-12-06 |
Genre | : Political Science |
ISBN | : 1135100128 |
This practical guide, written by a practitioner for practitioners, presents a coherent and straightforward 'how-to-do-it' approach to the strategic environmental assessment (SEA) process. Part one provides an overview of the aims, principles, advantages and problems of SEA as well as looking at key SEA regulations and their requirements. Part two examines the SEA process in considerable detail including setting the policy context, describing the baseline, identifying alternatives, predicting and evaluating impacts and using the SEA information in decision-making. Part three is devoted to assuring SEA quality with a discussion of resources and capacity building. This new edition incorporates five years' worth of practical application of the SEA Directive and SEA practice more broadly. Additions and updates include: the findings of various reviews into SEA effectiveness and efficiency emerging approaches to identifying and comparing alternatives, cumulative impacts, the likely future baseline without the plan, documenting changes made to the plan in response to the SEA process, and environmental limits consideration of both the 'baseline-led' and the 'objectives-led' approach to SEA, and the two approaches' advantages and disadvantages SEA's links to 'appropriate assessment' of plans under the European Habitats Directive. Employing a host of real-life case studies and examples, each chapter presents a range of techniques and discusses what the final product should look like. Appendices provide a wealth of additional information including text of the SEA Directive and the UNECE Protocol on SEA, and a 'toolkit' of SEA techniques. The approach and techniques in Strategic Environmental Assessment in Action are useful for anyone carrying out or studying SEA at any level, from policy to programme, international to local, but particularly for practitioners responsible for implementing the SEA Directive.