The significance of the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) in international environmental law: examining the implications of the Danube Delta case

Abstract

The Convention on Environmental Impact Assessment in a Transboundary Context, providing for a concrete framework of procedural regulation on environmentally harmful activities, has several features and is one of the most progressive multilateral environmental agreements (MEAs). This convention may offset some of the limits of substantial regulation and strengthen procedural regulation in various respects where an activity, to which the convention applies, is also regulated by other MEAs. The Danube Delta case concerning the Bystroe Canal project of Ukraine may be one such precedent. This convention takes several distinctive functions, derived from the features, in the complex interaction of the management processes under five MEAs and the UNESCO MAB Programme, as well as by the European Commission. This gives us some hints of an answer regarding some questions on overlap between different MEAs.

Keywords:

• Bystroe Canal project
• Danube Delta
• Espoo Convention
• inquiry procedure
• multilateral environmental agreements (MEAs)
• overlap between international agreements
• procedural regulation
• public participation
• review of compliance
• transboundary environmental impact assessment