عنوان انگلیسی مقاله:
Testing an ex-ante framework for the evaluation of impact assessment laws: Lessons from Canada and Brazil
ترجمه فارسی عنوان مقاله:
آزمایش یک چارچوب پیشین برای ارزیابی تاثیر قوانین : درسهایی از کانادا و برزیل
Sciencedirect - Elsevier - Environmental Impact Assessment Review, 81 (2020) 106355: doi:10:1016/j:eiar:2019:106355
Alberto Fonsecaa,⁎, Robert B. Gibsonb
Scholars have been increasingly investigating legislative changes in Environmental Impact Assessment (EIA).
However, most of the existing evaluation frameworks have been applied to ex-post scenarios, after EIA laws and
respective policies and regulations had been implemented for some time. This article has a twofold objective:
first, to propose an ex-ante framework for the evaluation of proposed EIA laws and, second, to test the application
of the framework to bills C-69 and PL-3729, which target federal-level EIA reform in Canada and Brazil,
respectively. The proposed framework is meant to indicate the extent to which proposed legislative changes
meet 50 good practice criteria, thus providing a more balanced and transparent account of the issues that should
be addressed effectively in the legislative process and in future regulations and guidelines. Results indicate very
contrasting scope and potential effects of proposed legislative changes in the two countries. Brazils bill is essentially
intended to integrate existing regulations into a law that would make EIA faster, simpler and less
frequent. Canadas bill, recently approved by Parliament, includes a new Impact Assessment Act that is expected to
deliver more comprehensive and credible assessments. The ex-ante framework, by exposing how close or distant
proposed EIA regimes are from good practices, can be particularly helpful in lawmaking and regulatory design.
The article finally discusses limitations and highlights future avenues of research.
Keywords: Environmental impact assessment (EIA) | Policy change | Lawmaking | Evaluation framework | Brazil | Canada