ABSTRACT

This chapter examines the development of transboundary environmental impact assessment (TEIA) in international law. After an introduction, the chapter proceeds to consider the development of TEIA through treaty and soft law instruments and discusses its position in customary or ‘general’ international law. Development of transboundary norms to address potential significant environmental effects in shared areas, and in areas beyond national jurisdiction (ABNJ), are next considered, together with the role of TEIA in relation to international financial institutions. The Espoo Convention and Kiev Protocol are also introduced and their provisions are analysed in this chapter, and the relationship between the Espoo Convention in particular and other aspects of international law is explained and evaluated in the light of recent jurisprudence of the International Court of Justice (ICJ).