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Full Access Giving Substance to Form: Moving towards an Integrated Governance Model of Transboundary Environmental Impact Assessment

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Giving Substance to Form: Moving towards an Integrated Governance Model of Transboundary Environmental Impact Assessment

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This article addresses the distinction drawn by the International Court of Justice in its judgment in the Pulp Mills case between procedural and substantive obligations in relation to transboundary environmental impact assessment (TEIA). Challenging the presumption that procedural obligations are fundamentally linked with the broader substantive goals of TEIA, this paper contends that this will only be the case where a focus on a strong role for public participation can serve to mitigate the information asymmetries endemic to TEIA processes. Longer-term reform strategies, incorporating a threefold focus upon procedural obligations, substantive standards and effective enforcement processes, are also explored.

Affiliations: 1: University of New South Wales Faculty of Law, Kensington (Sydney), Australia

This article addresses the distinction drawn by the International Court of Justice in its judgment in the Pulp Mills case between procedural and substantive obligations in relation to transboundary environmental impact assessment (TEIA). Challenging the presumption that procedural obligations are fundamentally linked with the broader substantive goals of TEIA, this paper contends that this will only be the case where a focus on a strong role for public participation can serve to mitigate the information asymmetries endemic to TEIA processes. Longer-term reform strategies, incorporating a threefold focus upon procedural obligations, substantive standards and effective enforcement processes, are also explored.

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2012-01-01
2016-12-05

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