Transboundary Impact Assessment form the Central European Perspectvive
pages 19 - 37
ABSTRACT:

Transboundary environmental impact assessment applies to the relationship between States, with provisions found in customary and treaty law as well as in the national legislation. This article considers both of these dimensions through an examination of the Prunéřov II power plant case. The authors discuss whether countries more exposed to climate change may begin to seek redress in international forums, and if unilateral national energy decisions can be challenged from across the globe. An overview of the legal provisions applied is given and the position of transboundary environmental impact assessment in the national legal systems and corpus of international environmental law is further analyzed. The paper concludes that the outcome of the case concerned remains to be more widely
viewed and that the steps taken by Micronesia will inspire other states and individuals to take advantage of transboundary impact assessment legislation and international customary law. In parallel, a very effective method of enforcement of national and EU law is being strengthened as the public in the Party of origin may enlist the help of the affected party or its public. This would certainly help to gain international publicity and may overcome or weaken strong pressures exerted on the responsible national authorities.

keywords
Transboundary EIA
Environmental Impact Assessment
Espoo Convention EIA Directive
about the authors

Doc. JUDr. Ilona Jančářová, Ph.D. is a university lecturer at the Department of Environmental Law and Land Law at the Faculty of Law of Masaryk University. The author specializes in environmental liability, legal aspects of global warming, and waste management. She publishes in the Czech Republic and abroad.

e-mail: ilona.jancarova@law.muni.cz

Mgr. Vojtěch Vomáčka is a Ph.D. Candidate at the Department of Environmental Law and  Land Law at the Faculty of Law of Masaryk University. Areas of specialization: enforcement of the EU environmental law, environmental rights.

e-mail: vojtech.vomacka@nssoud.cz