Publication details
Transboundary Impact Assessment from the Central European Perspective
| Authors | |
|---|---|
| Year of publication | 2012 |
| Type | Article in Periodical |
| Magazine / Source | Czech Yearbook of International Law |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.czechyearbook.org |
| Field | Law sciences |
| Keywords | environmental impact assessment; transboundary impact assessment; EIA; Espoo Convention; environmental law |
| Description | Transboundary environmental impactassessment applies to the relationship betweenStates, with provisions found in customary andtreaty law as well as in the national legislation. This article considers both of these dimensions through an examination of the Prunéřov II power plant case. The authors discuss whether countries more exposed to climate change may begin to seek redress ininternational forums, and if unilateral national energy decisions can be challenged from across the globe. An overview of the legal provisions applied isgiven and the position of transboundary environmental impact assessment in the national legal systems and corpus of international environmental law is further analyzed. The paper concludes that the outcome ofthe case concerned remains to be more widelyviewed and that the steps taken by Micronesia will inspire other states and individuals to take advantage of transboundary impact assessmentlegislation and international customary law. In parallel, a very effective method of enforcement of national and EU law is being strengthened as the public in the Party of origin may enlist the help of the affected party or its public. This would certainly help to gain international publicity and may overcome or weaken strong pressures exerted on the responsible national authorities. |