ABSTRACT
The purpose of this chapter is to provide more specific context for the analysis of the Espoo and Aarhus Conventions in Chapter 4 and the SEA Protocol in Chapter 5. The present chapter therefore outlines the development of international environmental law (IEL), initially from a soft law historical perspective, but later with particular emphasis on the customary rules for resolving transboundary disputes and the other relevant treaty provisions, many of which make direct or indirect reference to EIA. The customary rules partly mirror the national development of EIA, which from an international perspective may be of relevance either to transboundary issues between states or to international and shared areas. 1 The chapter builds on the previous chapter on international law by making reference, with examples, to differences between treaty and custom development as applicable to the natural environment, and especially EIA. Three duties are emphasized to organize the discussion: harm prevention, transboundary cooperation and liability for harm. Enforcement is examined in the final section.
