Environmental Assessment: A Comparative Legal Analysis

Abstract

This chapter provides an overview of domestic EIA law from a comparative perspective. The discussion is framed in light of differing theoretical models for EIA that emphasize in varying degrees the scientific, political and normative aspects of assessment as a means to explain how EIA processes affect outcomes. Viewed comparatively, different jurisdictions do not so much privilege one model over another, but rather emphasize and respond in varying ways to these elements. Importantly, each of these elements carries with it legitimating function, and the presence of multiple elements suggests an interaction whereby each of these elements potentially compensates for deficiencies in the others. As the shortcomings of scientific prediction, particularly in a time of increasingly rapid global environmental change, make outcomes less certain, there is greater room for both political and normative influences within EA processes. EA processes push decision makers towards a certain form of politics premised on open, participatory and justificatory procedures, which will vary in their compatibility with the underlying institutional structures of implementing jurisdictions. The analysis looks at long established EIA syatems in North America and Europe, as well as emerging systems in China, South Africa and the “state environmental review” system in Russia. Reference is also made to a number of transnational EIA systems, such as those found in development banks and established under international treaties.

Keywords: environmental impact assessment; comparative environmental law