Transboundary environmental assessment in the Aral Sea basin: the interplay of international and domestic law
Dinara R. Ziganshina
Deputy Director, Scientific Information Center of Interstate Commission for Water Coordination in Central Asia; Associate Professor at Tashkent Institute of Irrigation and Melioration, Uzbekistan
This paper discusses the interplay between domestic law and international law taking the example of transboundary environmental assessment. Tracing historical evolution of environmental assessment at domestic and international planes and analyzing legal frameworks that regulate environmental assessment as applied to transboundary waters in the Aral Sea basin, the paper demonstrates how international law and domestic law interact and influence each other in various instances, including norm formation, interpretation, implementation and application. The obligations to conduct transboundary environmental assessment deserve a special attention in the context of the current large scale hydropower development in the Aral Sea basin, shared by Afghanistan, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. While the countries’ economies and livelihoods of their population depend profoundly on the availability and quality of the basin’s waters, such dependency exacerbated a delicate ecological balance in the region and put under stress its environmental integrity.Download the article
How to cite: Ziganshina, D. R. (2018). Transboundary environmental assessment in the Aral Sea basin: the interplay of international and domestic law. Central Asian Journal of Water Research, 4(2), 27–47. https://doi.org/10.29258/cajwr/2018-ri.v4-2/27-47.eng
Cherp O. M., et al., 2000. Jekologicheskaja ocenka i jekologicheskaja jekspertiza [Ecologial evaluation and ecological expertise]. 3 edition (N/A: Ecoline, 2000) (In Russian).
Craick, N. The International Law of Environmental Impact Assessment: Process, Substance and Integration (New York: Cambridge University Press, 2008)
Environemntal and Social Impact Assessment Study (ESIA) for the Rogun Hydroelectric Power Plant Construction Project. Terms of Reference, World Bank (3 April 2010) [ToR for the Rogun ESIA].
Holder J., Mcgillivray, D., eds., Taking Stock of Environmental Assessment: Law, Policy and Practice (New York: Routledge-Cavendish 2007).
Howarth, W. “Substance and Procedure under the Strategic Environmental Assessment Directive and the Water Framework Directive,” in Jane Holder and Donald McGillivray, eds., Taking Stock of Environmental Assessment: Law, Policy and Practice (New York: Routledge-Cavendish 2007), 149-90 .
Knox, J. H. “The Myth and Reality of Transboundary Environmental Impact Assessment” (2002) 96 American Journal of International Law 291
Koivurova, T. “The Case of Vuotos: Interplay between International, Community and National Environmental Law” (2004) 13 Review of European Community & International Environmental Law 1.
Wiersema, A. “The New International Law-Makers? Conferences of the Parties to Multilateral Environmental Agreements” (2009-2010) 31 Michigan Journal of International Law 213.
World Bank, ‘Assessment Studies for Proposed Rogun Regional Water Reservoir and Hydropower Project in Tajikistan’. Online: < http://www.worldbank.org/en/country/tajikistan/brief/final-reports-related-to-the-proposed-rogun-hpp> (August 15, 2018).
Ziganshina, D. (2014), Promoting Transboundary Water Security in the Aral Sea Basin through International Law, Martinus Nijhoff Publishers.