Impact of Environmental Transboundary Policy Assessment 2022

Evaluation of Environmental Impact Assessment in Transboundary Policy.
Evaluation Espoo Convention’s Potential in India’s Transboundary Environmental Concerns.
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Introduction
Espoo convention is an environmental policy that owes its origin to the Stockholm
declaration which declared that countries should protect the environment by ensuring that
activities within their jurisdictions do not have a negative impact on other countrys’
environmental. Environmental Impact Assessment (EIA) in transboundary is a policy aimed at
proposing a framework that deals with the environmental effects of projects1. Environment
Impact Assessment encompasses research to determine how proposed projects can affect the
environment either positively or negatively. Every project carried out will have certain impacts
on the environment. Some of these impacts are negative hence the need to establish control
policies to protect the environment. EIA can be used as a tool for making decisions by
comparing several alternatives for a project undertaking to determine the most viable decision
which offers the most economic as well as environmental benefits. In the past several years,
there have been studies investigating varying aspects of the transboundary environmental
impacts as well as the convention application generally. Transboundary environmental impact
assessment policies in Europe include the Espoo convention and the Kiev protocol on strategic
environmental assessment. This research paper is aimed at increasing the current knowledge base
on the use of the environmental policy and boosting the present inadequate understanding on
how the policy should be applied to provide a positive feedback especially in cases involving the
use of dissimilar environmental policies.
Background of Espoo Policy.
EIA can be considered as one of the most influential environmental conservation policies
of the present century. EIA is considered a formal procedure in many nations and it is presently
active in over one hundred nations 1. It originates in the latter half of the 20th century when the
National Environment Act was implemented in the US in 1969 2. Initially, it was mostly popular
in the advanced countries such as Australia, New Zealand and Canada. Some developing
countries however where also among the first members. EIA owes its origin to the need of
enhancing international co-operation in environmental impact assessment of projects whose
environmental impact are felt by other states2. This policy was aimed at providing explicit
environmental factors during the project decision-making stage. This policy makes it possible to
1 Arundhati Bhattacharyya, "Elderly in India: An Issue of Importance,"
Advances in Social
Sciences Research Journal 2, no. 6 (2015): 90

consider environmental factors that are put into consideration when making decisions regarding
development projects, anticipate these threats and come up with policies aimed at avoiding or
minimizing these threats. According to Bhattacharyya (2015), EIA promotes a development plan
that not only promotes sustainable growth but also optimizes the resources.
The primary objective of this policy is to ensure an environmentally sustainable project.
This is done via the prevention, control and reduction of the outstanding transboundary
environmental issues for proposed projects3. EIA thus promotes environmental protection via
preventing the possible environmental threats before they occur.
Bhattacharyya (2015) suggest that one of the primary motivation towards the adoption of this
policy was the application of its already working framework in the assessment of transboundary
impact associated projects thus avoiding conflict between countries. Espoo Convention is also
attributed to western and eastern countries relations. This is supported by the fact that countries
integration was one of the UNECE’s major concerns after the Second World War4.
Description of EIA in Transboundary Context instruments. In order to achieve the
objectives mentioned above, the EIA policy is characterized by some measures and mechanisms.
According to UNECE 2006, Espoo mechanism and the process of their working are detailed on
meeting documents of the parties that took part in the convention. Espoo process is generally
subdivided into various stages as shown below.
Espoo initiation process.
Its formal initiation process commences with a notification. In practice, there are some
activities conducted prior to this process. The stakeholders (general public, NGOs and
Governments) must be made aware of the Espoo EIA process with an objective identifying
potential environmental threats from these activities. The notification process includes the
screening stage which involves determining whether the given project should be subjected to
2 Simon Marsden, "The Espoo Convention and Strategic Environmental Assessment Protocol
in the European Union: Implementation, Compliance, Enforcement and Reform,"
Review of
European Community & International Environmental Law 20, no. 3 (2011): 39
3, "Convention on Environmental Impact Assessment in a Transboundary Context (ESPOO
Convention) (25 Feb 91),"
International Law & World Order (2012), 11
4 Jonas Ebbesson, "A Modest Contribution to Environmental Democracy and Justice in
Transboundary Contexts: The Combined Impact of the Espoo Convention and Aarhus
Convention,"
Review of European Community & International Environmental Law 20, no. 3
(2011): 249

Espoo convention. Espoo convention terms contain activities to be carried out in the project sent
to the party that risks being affected from such activities5. This involves a determination of "a
point of contact" which is determined by the governmental agency responsible for information
dissemination between the two parties.
Notification and transmittal of the information.
The country involved in activities whose environmental impact are likely to be felt by
another country should inform the other country via “a contact.” Once notified formal Espoo
policy implementation begins. The notification should be sent at an initial stage. Its submission
should not date after the time of informing the country of origin’s public on the EIA process. In
cases where the convention is simultaneously environmental impact activity origin, reciprocal
notification is sent. The country that risks environmentally being affected by then informs the
country of origin whether she will take part in the Espoo process6. If the affected country is not
interested in the process, then the entire process is put to an end. An agreement to continue with
the entire process prompts further information change between the participants. The information
changes involve public awareness of the potential environmental threats associated with the
project. The comments from the general public and their opinions are put into consideration
Preparation of the EIA documentation.
This documentation is generally made of the activities that are proposed and the potential
environmental impacts. The document also includes alternatives to potential environmental
threats and possible mitigation strategies. The origin party sends this documentation to the
affected part. The concerned party then distributes the policy documentation to both countries.
Consultation between the parties.
Prior to the final decision, the origin party must consult with the country on the concerns
of the possible transboundary measures and impacts and how they will be mitigated. The
concerned party should agree to the consultation timing, the issues to be addressed, participants
of the consultation and the roles of various stakeholders and consultation means.
5 "Good Practice Recommendations on the Application of the Convention to Nuclear Energy-
related Activities," 2018, 71
6 Arundhati Bhattacharyya, "Elderly in India: An Issue of Importance,"
Advances in Social
Sciences Research Journal 2, no. 6 (2015): 88