Climate Impact Assessment as an Emerging Obligation Under Customary International Law
37 Pages Posted: 25 Oct 2018
Date Written: October 4, 2018
Environmental assessment (EA) is established in most countries as a procedural tool to ensure that administrative authorities are aware of the environmental impacts likely to result from the activities they approve. While EAs typically focus on local environmental concerns, many jurisdictions have moved towards including consideration for transboundary and, although to a lesser extent, global environmental issues. Through a review of the law and practice of various States, this article suggests that Climate Impact Assessment (CIA) is emerging as a norm of customary international law. This article further shows that none of the conceptual issues that have hindered the recognition of CIA is insurmountable, although it recognizes that institutional developments could help clarify and consolidate the implementation of this emerging international custom.
Keywords: climate impact assessment, environmental assessment, climate change mitigation, customary international law, greenhouse gas emissions, comparative law
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