Simon Marsden – författare

This book examines ''The Espoo Convention on Environmental Impact Assessment in a Transboundary Context'', which celebrates the twentieth anniversary of its adoption in 2011, and its ''Kiev Protocol on Strategic Environmental Assessment'' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law.

The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.

This book examines ''The Espoo Convention on Environmental Impact Assessment in a Transboundary Context'', which celebrates the twentieth anniversary of its adoption in 2011, and its ''Kiev Protocol on Strategic Environmental Assessment'' which came into force in July 2010. In addition to contributing to international environmental law, the Convention has prompted significant changes to European environmental law.

The chapters in this collection explain the role of transboundary environmental impact assessment in international and European law, and explore the relationship between international and European law in the context of potential application of the Convention. They also examine examples of the Convention in practice, and consider the potential application of the Protocol. While the focus of the book is on the situation in the European Union, reference is made to the relationship between EU and non-EU member states, notably in connection with important cases in the Arctic, the Danube Delta and the Baltic Sea.

Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way.

The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and ''soft law'' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions.

Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.

Strategic environmental assessment (SEA) is a regulatory requirement for development across Europe, North America, Australasia and elsewhere, yet understanding the legal aspects is challenging. This comprehensive guide provides that understanding in a clear and straightforward way.

The introduction considers SEA and the law, explaining what SEA is, why it is needed, how it works and why it is required, as well as examining the role of the law. Part One provides an overview of international law, environmental impact assessment (EIA) and international law, including treaties, customary international law and ''soft law'' relevant to SEA. It analyses the Kiev SEA Protocol and related UNECE conventions, the Espoo Convention on EIA in a Transboundary Context and the Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters. It also analyses the role of SEA in conservation conventions.

Part Two considers how the European legal system works, including an overview of the current status of European law. It examines the EIA Directive and SEA Directive together with other relevant directives and regulations, such as the Habitats and Wild Birds Directives, the Water Framework Directive, the Public Participation for Plans and Programmes Directive, and the Structural Funds Regulations. Finally the volume draws conclusions about the relationship and comparisons between international and European law generally, and in regulating SEA.

After evaluating the nine existing environmental regimes across the subregions of southwest, central, southeast and northeast Asia, Simon Marsden proposes a tenth regime for the cross subregion in south and east Asia known as the Third Pole. The role of China in connection with each of the existing agreements-as lender, dialogue partner or Party-is a key aspect of the analysis, considering it in developmental, legal and political contexts. Conclusions recommend future research to progress efforts in developing such a regime and caution the need for context in any legal transplant.

This book will have a strong appeal for international environmental law and environmental planning and management researchers. Meanwhile those in international relations or international politics will find valuable insights in the book''s exploration of relationships between the states of each subregion and China, whilst coverage of the regulation of oil and gas, hydroelectricity and exploitation of other resources will be of great interest to energy law scholars and practitioners.

The first option is to transplant existing international law, including conventions from the UN Economic Commission for Europe and the Council of Europe. Secondly, transplantation of a comprehensive international treaty, based upon the Alpine and Carpathian regimes, is suggested. The overwhelmingly European focus of the first two options, and possible contextual constraints to implementation, informs a third option: the development of a new treaty, giving appropriate attention to the Asian context on one hand, and the need for access of information and public participation on the other, to ensure effective implementation and compliance.

Taking a comparative, interdisciplinary approach, Protecting the Third Pole will be a key resource for legal and policy scholars. NGO''s and practitioners will also benefit from its detailed analysis.