LAW/2014/237

OKE FAITH OLAOLUWA

PUL 504

ENVIROMENTAL LAW II

2021/2022

Study the United Nation Environmental Program goals and principles of Environmental

Impact Assessment. Give a thorough analysis of the UNEP Environmental Impact

Assessment program.
 Environmental Impact Assessment (EIA) is a systematic process used to identify,

predict, and evaluate the potential environmental effects or impacts of proposed projects,

policies, plans, or programs. It is an essential tool for integrating environmental

considerations into decision-making processes and promoting sustainable development.

The purpose of EIA is to assess the potential impacts of a proposed activity on the

environment, including various environmental components such as air, water, soil,

biodiversity, ecosystems, and human health. It helps decision-makers and stakeholders

understand the potential consequences of a project and make informed choices regarding its

design, location, and implementation.

The key components of an Environmental Impact Assessment typically include:

Screening, Scoping: Scoping involves identifying the key environmental issues, Baseline

Study: Baseline studies assess the existing environmental conditions in and around the project

area before any construction or operation activities begin, Impact Prediction, Impact

Assessment, Mitigation and Management Measures, Public Participation, Decision-making.

EIA is a dynamic and iterative process, and its effectiveness relies on the quality of data,

expertise, stakeholder engagement, and the application of best practices. It serves as a tool for

sustainable development, promoting environmentally sound decision-making and reducing

potential harm to the environment.

The United Nations Environment Programme (UNEP) is the overall coordinating

environmental organization of the United Nations system. Its mission is to provide leadership

and encourage partnerships in caring for the environment by inspiring, informing and

enabling nations and people to improve their quality of life without compromising that of

future generations. The UNEP can be traced back to the june 1972 stockholm conference. The

1972 United Nations Conference on the Human Environment in Stockholm was the first world

conference to make the environment a major issue. The participants adopted a series of principles

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for sound management of the environment including the Stockholm Declaration and Action Plan

for the Human Environment and several resolutions.

The Stockholm Declaration, which contained 26 principles, placed environmental issues

at the forefront of international concerns and marked the start of a dialogue between industrialized

and developing countries on the link between economic growth, the pollution of the air, water, and

oceans and the well-being of people around the world. The Action Plan of the Stockholm

convention contained three main categories hereinafter listed:

- Global Environmental Assessment Programme (watch plan)

-Environmental management activities;

-International measures to support assessment and management activities carried out at the

national and international levels.

In addition, these categories were broken down into 109 recommendations. The

Stockhlom action plan was endorsed by the UN General Assembly(UNGA) and UNEP was

established by UNGA resolution 2997 (xxvii) of 15th December 1972. UNEP work covers 7 major

thematic areas which are: Climate Change, Disaster and Conflict, Ecosystem management,

Enviromental Governance, Chemical and Waste, Resource Efficiency and Enviroment Under

Review.

UNEP defines Environmental Impact Assessment (EIA) as a tool used to identify the
environmental, social and economic impacts of a project prior to decision-making. UNEP
EIA aims at examination, analysis and assessment of planned activities with a view to
ensuring environmentally sound and sustainable development. The EIA goals and principles
set out below are necessarily general in nature and may be further refined when fulfilling EIA
tasks at the national, regional and international levels.
Goals

1. To establish that before decisions are taken by the competent authority or authorities to

undertake or to authorize activities that are likely to significantly affect the environment, the

environmental effects of those activities should be taken fully into account.

2. To promote the implementation of appropriate procedures in all countries consistent with

national laws and decision-making processes, through which the foregoing goal may be

realised.

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3. To encourage the development of reciprocal procedures for information exchange,

notification and consultation between States when proposed activities are likely to have

significant transboundary effects on the environment of those States.

Principles

Principle 1

States (including their competent authorities) should not undertake or authorize activities

without prior consideration, at an early stage, of their environmental effects. Where the

extent, nature or location of a proposed activity is such that it is likely to significantly affect

the environment, a comprehensive environmental impact assessment should be undertaken in

accordance with the following principles.

Principle 2

The criteria and procedures for determining whether an activity is likely to significantly affect

the environment and is therefore subject to an EIA, should be defined clearly by Legislation,

regulation, or other means, so that subject activities can be quickly and surely identified, and

EIA can be applied as the activity is being planned.

Principle 3

In the EIA process the relevant significant environmental issues should be identified and

studied. Where appropriate, all efforts should be made to identify these issues at an early

stage in the process.

Principle 4

An EIA should include, at a minimum:

(a) A description of the proposed activity;

(b) A description of the potentially affected environment, including specific information

necessary for identifying and assessing the environmental effects of the proposed

activity;

(c) A description of practical alternatives, as appropriate;

(d) An assessment of the likely or potential environmental impacts of the proposed

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activity and alternatives, including the direct, indirect, cumulative, short-term and long

term effects;

(e) An identification and description of measures available to mitigate adverse

environmental impacts of the proposed activity and alternatives, and an assessment of

those measures;

(f) An indication of gaps in knowledge and uncertainties which may bev encountered in

compiling the required information;

(g) An indication of whether the environment of any other State or areas beyond

national jurisdiction is likely to be affected by the proposed activity or alternatives;

(h) A brief, non-technical summary of the information provided under the above

headings.

Principle 5

The environmental effects in an EIA should be assessed with a degree of detail commensurate

with their likely environmental significance.

Principle 6

The information provided as part of EIA should be examined impartially prior to the decision.

Principle 7

Before a decision is made on an activity, government agencies, members of the public,

experts in relevant disciplines and interested groups should be allowed appropriate

opportunity to comment on the EIA.

Principle 8

A decision as to whether a proposed activity should be authorized or undertaken should not be

taken until an appropriate period has elapsed to consider comments pursuant to principles 7

and 12.

Principle 9

The decision on any proposed activity subject to an EIA should be in writing, state the

reasons therefor, and include the provisions, if any, to prevent, reduce or mitigate damage to

the environment. This decision should be made available to interested persons or groups.

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Principle 10

Where it is justified, following a decision on an activity which has been subject to an EIA, the

activity and its effects on the environment or the provisions (pursuant to Principle 9) of the

decision on this activity should be subject to appropriate supervision.

Principle 11

States should endeavour to conclude bilateral, regional or multiliteral arrangements, as

appropriate, so as to provide, on the basis of reciprocity, notification, exchange of

information, and agreed-upon consultation on the potential environmental effects of activities

under their control or jurisdiction which are likely to significantly affect other States or areas

beyond national jurisdiction.

Principle 12

When information provided as part of an EIA indicates that the environment within another

State is likely to be significantly affected by a proposed activity, the State in which the

activity is being planned should, to the extent possible:

a) notify the potentially affected State of the proposed activity;

b) transmit to the potentially affected State any relevant information from the EIA, the

transmission of which is not prohibited by national laws or regulations; and

c) when it is agreed between the States concerned, enter into timely consultations.

Principle 13

Appropriate measures should be established to ensure implementation of EIA procedures.

Over the years, the UNEP has undertaken sundry EIA programs some of which are discussed

hereinafter.

The Paris Agreement adopted in 2015 set the specific goal of holding global warming

to well below 2 degrees Celsius (°C) compared to pre-industrial levels, and of pursuing

efforts to limit warming to 1.5°C. This report, which is the eighth Emissions Gap Report

produced by UN Environment Program, focuses on the “gap” between the emissions

reductions necessary to achieve these agreed targets at lowest cost and the likely emissions

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reductions from full implementation of the Nationally Determined Contributions (NDCs)

forming the foundation of the Paris Agreement. It also explores potential for enhanced

mitigation efforts in a number of key sectors, presenting cost-effective options for enhanced

action to close the emissions gap.The successful Paris Agreement has generated and

incentivized action at scale by both governments and the private sector. Nevertheless, it marks

only a beginning. The NDCs that form the foundation of the Paris Agreement cover only

approximately one third of the emissions reductions needed to be on a least cost

pathway for the goal of staying well below 2°C. The gap between the reductions

needed and the national pledges made in Paris is alarmingly high.

Another UNEP EIA is the Integrated Strategic Environmental Assessment (ISEA) in

post-earthquake Nepal 2015-2017. According to German Watch (2016), Nepal ranked 7th

among countries most affected by climate risk. Nepal is thus one of the top 20 most hazard-

prone and vulnerable countries in the world. It ranks fourth in terms of relative vulnerability

to climate change related hazard, 11th with regards to earthquake risk and 30th prone to

flooding among 198 countries, making it difficult to achieve sustainable development goals,

manage its disaster risks and promote climate change adaptation. Due to political instability

and low government capacities, developing integrated strategies to meet the 2030

development agenda is especially challenging. The 2015 Gorkha earthquake, which killed

nearly 9,000 people and incurred damages of USD 7 billion was a considerable setback for

the country (MoHA, 2015). Following this event, UN Environment’s Post Conflict Disaster

Management Branch approached the Government of Nepal in 2016 to address sustainable

reconstruction efforts. It proposed to enhance government and stakeholder capacities in

implementing an Integrated Strategic Environmental Assessment (ISEA) for the earthquake-

affected region based on its experience working with the Government of Sri Lanka on

sustainable reconstruction following the conflict in the Northern Province, which ended in

2009. The ISEA is a tool that can be used both as a high level, long-term planning tool and

also to fast track development in a post-conflict and post disaster situation while integrating

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conservation of environment and sustainable development with disaster and climate risk

reduction. It gives more rapid guidance on which developments can go forward without

Environmental Assessments (which can take several years in Nepal). In addition, ISEAs

provide a forum for conflict resolution between conservation and development-oriented actors

and enable data collection and sharing. The tool was first developed in post-conflict Northern

Sri Lanka to fast-track sustainable development and planning. It is currently being piloted in

the 14 post earthquake affected districts in Nepal, with more detailed study in Sindhupalchok

district (one of the most affected) to ensure environmental conservation while promoting

development in the recovery process.The project was undertaken in collaboration with the

Ministry of Population and Environment (MOPE) and the National Reconstruction Authority

(NRA), which was established in 2016 to oversee post-earthquake recovery and

reconstruction.

This lessons learnt report covers Nepal’s experience with ISEAs as an integrated

approach to post-disaster/ post-crisis sustainable development planning with a focus on the

road sector. It details the multi-stakeholder process undertaken to map environmental

baselines, landslide susceptibility with regards to the roads designated for reconstruction

under the NRA's “Post Disaster Recovery Framework”.

The resulting synthesis maps provide policy makers with a more integrated analysis

and clear guidelines for “Building Back Better” in a post disaster situation. ISEAs provide

data related to environmental and social issues for determining whether to conduct more in-

depth EIAs. The ISEA approach is thus very useful for integrated development planning

toward achieving Sustainable Development Goals, disaster risk reduction and climate change

adaptation.

In addition to these UNEP sundry EIA program is the Global Environment

Outlook(GEO). GEO is a consultative and participatory process to prepare an independent

assessment of the state of the environment, the effectiveness of the policy response to address

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these environmental challenges, and possible pathways to achieve various internationally

agreed environmental goals. The process also builds capacity for conducting integrated

environmental assessments and reporting on environmental trends. GEO is also a series of

products that informs environmental decision-making not only for governments but also

stakeholders such as youth, businesses and local governments, and aims to facilitate the

interaction between science and policy. 

The GEO process involves various groups and includes UNEP Secretariat, which

convenes the process, through the various advisory bodies, the authors and supporting

fellows, and finally to the actors from civil society and business. Throughout the process we

expect participants to feel that they have been able to appropriately represent their views and

empowered to change the environment because they now have the appropriate knowledge to

do so. The assessment report itself is the main product of the process and synthesizes data,

information and knowledge about the environment with the aim of informing future decisions

and actions on the environment, leading ultimately to positive change.

Withal, the Minamata Convention on Mercury is an international treaty designed to

protect human health and the environment from anthropogenic emissions and releases of

mercury and mercury compounds. The convention was a result of three years of meeting and

negotiating, after which the text of the convention was approved by delegates representing

close to 140 countries on 19 January 2013 in Geneva and adopted and signed later that year

on 10 October 2013 at a diplomatic conference held in Kumamoto, Japan, The UN

Enviroment has been actively engaged in bringing the science of mercury poisoning to

policy implementation. In 2001, the executive director of UN Environment was

invited by its governing council to undertake a global assessment of mercury and its

compounds, including the chemistry and health effects, sources, long-range transport,

as well as prevention and control technologies relating to mercury. In 2003, the

governing council considered this assessment and found that there was sufficient evidence of

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significant global adverse impacts from mercury and its compounds to warrant further

international action to reduce the risks to human health and the environment from their

release to the environment. Governments were urged to adopt goals for the reduction of

mercury emissions and releases and UN Environment initiated technical assistance and

capacity-building activities to meet these goals.The convention is named after the Japanese

city Minamata. This naming is of symbolic importance as the city went through a devastating

incident of mercury poisoning. It is expected that over the next few decades, this international

agreement will enhance the reduction of mercury pollution from the targeted activities

responsible for the major release of mercury to the immediate environment.

The objective of the Minamata Convention is to protect the human health and the

environment from anthropogenic emissions and releases of mercury and mercury compounds.

It contains, in support of this objective, provisions that relate to the entire life cycle of

mercury, including controls and reductions across a range of products, processes and

industries where mercury is used, released or emitted. The treaty also addresses the direct

mining of mercury, its export and import, its safe storage and its disposal once as waste.

Pinpointing populations at risk, boosting medical care and better training of health-care

professionals in identifying and treating mercury-related effects will also result from

implementing the convention.

The Minamata Convention provides controls over a myriad of products containing mercury,

the manufacture, import and export of which will be altogether prohibited by 2020, except

where countries have requested an exemption for an initial 5-year period.These products

include certain types of batteries, compact fluorescent lamps, relays, soaps and cosmetics,

thermometers, and blood pressure devices. Dental fillings which use mercury amalgam are

also regulated under the convention, and their use must be phased down through a number of

measures.

A mercury programme to address the concerns posed by mercury was established and

further strengthened by governments in 2005 and 2007 with the UNEP Global Mercury

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Partnership. In 2007, the governing council concluded that the options of enhanced voluntary

measures and new or existing international legal instruments should be reviewed and assessed

in order to make progress in addressing the mercury issue. In February 2009, the governing

council of UNEP decided to develop a global legally binding instrument on mercury.

The Environmental Impact Assessment is a dynamic and iterative process, and its

effectiveness relies on the quality of data, expertise, stakeholder engagement, and the

application of best practices. It serves as a tool for sustainable development, promoting

environmentally sound decision-making and reducing potential harm to the environment.

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