Two Arguments Against Environmental Impact Assessment for Greenhouse Gas Emissions

DEBATING CLIMATE LAW, Benoit Mayer and Alexander Zahar, eds., Cambridge University Press, 2021 Forthcoming

16 Pages Posted: 28 Aug 2020

See all articles by Alexander Zahar

Alexander Zahar

Southwest University of Political Science and Law; China-ASEAN Legal Research Center; Macquarie University - Macquarie Law School (Sydney, Australia)

Date Written: August 16, 2020

Abstract

The paper argues that Climate Impact Assessment (CIA), as promoted by Mayer and others, is not required by international law, both because it makes no sense in itself and because international law has limited the EIA requirement (which CIA purports to extend to the causes of global warming) to transboundary situations only. The paper is an extended version of the actual book chapter.

Keywords: climate change; Environmental Impact Assessment (EIA); Climate Impact Assessment (CIA); Rocky Hill case; market substitution argument; Trail Smelter case; no-harm principle

Suggested Citation

Zahar, Alexander, Two Arguments Against Environmental Impact Assessment for Greenhouse Gas Emissions (August 16, 2020). DEBATING CLIMATE LAW, Benoit Mayer and Alexander Zahar, eds., Cambridge University Press, 2021 Forthcoming, Available at SSRN: https://ssrn.com/abstract=3674851

Alexander Zahar (Contact Author)

Southwest University of Political Science and Law ( email )

Chongqing
China

China-ASEAN Legal Research Center ( email )

Chongqing, Chongqing
China

Macquarie University - Macquarie Law School (Sydney, Australia) ( email )

North Ryde
Sydney, New South Wales 2109
Australia

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