4 - Sources of international EIA commitments

Summary

Introduction

In light of the background norms examined in Chapters 2 and 3, this chapter and the next provide a detailed examination of the international commitments to conduct EIAs themselves. While a principal purpose in these chapters is to describe the commitments themselves as a matter of positive law, this task is undertaken with several additional objectives in mind. First, I want to explore the relative impact of the different background norms on the development of international EIA commitments. The purpose in tracing the relationship of the EIA commitments to the normative influences previously discussed goes beyond merely describing the evolution or development of these commitments, but is also informed by the idea that these different influences will impact the structure and meaning of the commitments themselves. For example, the extent to which international EIA commitments are underlain by substantive considerations, in addition to procedural ones, has implications for the role of EIA. Secondly, by looking across different international contexts where EIA commitments form part of the overall approach to protecting the natural environment, we can draw some tentative conclusions as to why EIA commitments have become prevalent within international environmental governance structures, the type of problems EIAs are being called upon to address and the factors which are contributing to the formation of EIA commitments.