Environmental Impact Assessment - Transboundary Application

Transboundary Application

Environmental threats do not respect national borders. International pollution can have detrimental effects on the atmosphere, oceans, rivers, aquifers, farmland, the weather and biodiversity. Global climate change is transnational. Specific pollution threats include acid rain, radioactive contamination, debris in outer space, stratospheric ozone depletion and toxic oil spills. The Chernobyl disaster, precipitated by a nuclear accident on April 26, 1986, is a stark reminder of the devastating effects of transboundary nuclear pollution.

Environmental protection is inherently a cross-border issue and has led to the creation of transnational regulation via multilateral and bilateral treaties. The United Nations Conference on the Human Environment (UNCHE or Stockholm Conference) held in Stockholm in 1972 and the United Nations Conference on the Environment and Development (UNCED or Rio Summit, Rio Conference, or Earth Summit) held in Rio de Janeiro in 1992 were key in the creation of about 1,000 international instruments that include at least some provisions related to the environment and its protection.

The United Nations Economic Commission for Europe's Convention on Environmental Impact Assessment in a Transboundary Context was negotiated to provide an international legal framework for transboundary EIA.

However, as there is no universal legislature or administration with a comprehensive mandate, most international treaties exist parallel to one another and are further developed without the benefit of consideration being given to potential conflicts with other agreements. There is also the issue of international enforcement. This has led to duplications and failures, in part due to an inability to enforce agreements. An example is the failure of many international fisheries regimes to restrict harvesting practises.