Effective protection of the marine and terrestrial environment increasingly requires cooperation between neighbouring States, international organizations, government entities and communities within States. This book analyses key aspects of transboundary environmental law and policy and their implementation in Asia, Australasia and Australian offshore territories, and surrounding areas beyond national jurisdiction including Antarctica. It discusses the potential for implementing key transboundary environmental mechanisms such as the 1991 Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) and its 1997 Protocol on Strategic Environmental Assessment (Kiev Protocol) in Australia and Asia drawing on experience from other regions and the potential application of these agreements to all UN member states. The book makes an innovative contribution to research in the area of transboundary environmental governance particularly as it applies to Asia, Australasia and international areas, supplementing similar research which has predominantly focused on Europe and North America.
Table of Contents
Contents: Foreword, David Freestone; Perspectives on transboundary environmental governance, Robin Warner and Simon Marsden; Part I Inland and Coastal Perspectives: Transboundary environmental; governance in the Murray Darling basin, Brendan Grigg; Transboundary environmental governance, collaboration and the law: empirical insights from water and natural resource management in inland Queensland, Australia, Cameron Holley; Marine protected areas and transboundary governance, Lorne Kriwoken, Julie Davidson and Michael Lockwood; Effective governance across Central Asian boundaries: what lessons does the Central Asian transboundary watercourse management experience provide for mountain biodiversity conservation across the Kyrgyz-Tajik boundary? Michelle Lim; Developing agreements for transboundary environmental impact assessment and strategic environmental assessment in Asia, Simon Marsden. Part II Marine Perspectives: Transboundary pollution from offshore oil and gas activities in the seas of South East Asia, Youna Lyons; Coordinating strategic environmental assessments of marine and terrestrial plans: Australian experience in the sub-Antarctic, Simon Marsden; Transboundary environmental governance and emerging environmental threats: geo-engineering in the marine environment, Karen N. Scott; A model litigant? Australia’s record in transboundary environmental litigation, Tim Stephens; Transboundary environmental impact assessment in marine areas, Warwick Gullett; Conserving marine biodiversity beyond boundaries: developing environmental assessment frameworks, Robin Warner; Could the Espoo Convention become a global regime for environmental impact assessment and strategic environmental assessment?, Timo Koivurova; Bibliography; Index.
Dr Robin Warner is an Associate Professor at the Australian National Centre for Ocean Resources and Security, University of Wollongong. Her current research interests include law of the sea, oceans governance, marine environmental law, climate law and transnational criminal law. She is the author of Protecting the Oceans Beyond National Jurisdiction: Strengthening the International Law Framework (Martinus Nijhoff, Leiden, 2009) and editor (with Clive Schofield) of Climate Change and the Oceans: Gauging the Legal and Policy Currents in the Asia Pacific (Edward Elgar, UK, 2012) as well as many book chapters and journal articles on oceans law and policy. She is a member of the IUCN Commission of Environmental Law, Oceans Coasts and Coral Reefs Specialist Group and the Scientific Advisory Board of the Institute of Marine and Antarctic Studies at the University of Tasmania. Dr Simon Marsden is an Associate Professor at the Law School, Flinders University, formerly also an Associate Professor at the Law Faculty, Chinese University of Hong Kong. His general research interests are in environmental law and policy, environmental planning and management, and the relationship between legal systems and law and politics. These relate to domestic law (Australia, UK, Hong Kong in particular), and international and European law. Specific research interests focus on strategic and transboundary approaches to EIA, terrestrial and marine protected areas, public participation and access to justice, and treaty based non-compliance procedures. As well as many articles and chapters, he is the author or co-editor of three books: Transboundary Environmental Impact Assessment in the European Union, London, Earthscan, 2011(with Koivurova); Strategic Environmental Assessment in International & European Law, London, Earthscan. 2008; and Strategic Environmental Assessment in Australasia, Sydney, Federation Press, 2002 (with Dovers).
’Shedding light on the embryonic stage of transboundary environmental governance in marine and coastal areas, this book contributes to the evolution of this concept by analysing the complex challenges it faces. It is a valuable addition to a growing and demanding field of environmental law and policy.’ Christina Voigt, University of Oslo, Norway ’Transboundary environmental regulation is an area of growing significance. The volume is well written and addresses not merely international but also domestic transboundary environmental regulation, with an emphasis on Asia and Australasia. This collection of succinct chapters covers a surprising breadth of issues in a burgeoning field.’ Stuart Kaye, The University of Western Australia, Australia ’This important and timely volume provides a thorough assessment of the governance challenges associated with transboundary environmental impacts and offers much thoughtful commentary on the future trajectories of the legal and policy responses to these challenges. The editors have done an admirable job integrating regional and global perspectives across a variety of key resource management issues in the coastal and marine environment. The volume will be a particularly valuable resource to legal and policy scholars and students interested in the implementation of environmental governance tools, including environmental and strategic impact assessment.’ A. Neil Craik, University of Waterloo, Canada