Climate Impact Assessment as an Emerging Obligation Under Customary International Law

37 Pages Posted: 25 Oct 2018

See all articles by Benoit Mayer

Benoit Mayer

The Chinese University of Hong Kong (CUHK) - Faculty of Law

Date Written: October 4, 2018

Abstract

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

Suggested Citation

Mayer, Benoit, Climate Impact Assessment as an Emerging Obligation Under Customary International Law (October 4, 2018). The Chinese University of Hong Kong Faculty of Law Research Paper No. 2018-16, Available at SSRN: https://ssrn.com/abstract=3090793 or http://dx.doi.org/10.2139/ssrn.3090793

Benoit Mayer (Contact Author)

The Chinese University of Hong Kong (CUHK) - Faculty of Law ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Hong Kong

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