CUHK Faculty of Law

Simon Marsden specializes in environmental law, with an emphasis on environmental impact assessment. He has previously taught and researched at universities in Australia, the UK and Ireland and practiced law at the Environment Agency of England and Wales. He has published widely in refereed journals and is the author of two books on strategic environmental assessment (Federation Press, 2002; Earthscan, 2008)

Education and Professional Qualifications

Representative Publications

Books and chapters

Strategic Environmental Assessment in International and European Law: A Practitioner's Guide, Earthscan, London (2008)

‘Australia’ in Dellapenna and Gupta (eds) The Evolution of the Law and Politics of Water, UNESCO/IWHA (with McKay), (2007)

‘SEA in Australia’ in Sadler et al (eds) Handbook of Strategic Environmental Assessment, (with Ashe), Earthscan, London (2007)

Strategic Environmental Assessment in Australasia, 227 pp, Federation Press, Sydney, (with Dovers) (2002)

‘Strategic environmental assessment: An international overview’ in Marsden and Dovers (eds), Strategic Environmental Assessment in Australasia, Federation Press, Sydney, (2002) 1-23

‘Strategic environmental assessment and fisheries management in Australia: How effective is the Commonwealth legal framework?’ in Marsden and Dovers (eds), Strategic Environmental Assessment in Australasia, Federation Press, Sydney, (2002) 47-70

‘Conclusions: Prospects for SEA’ in Marsden and Dovers (eds), Strategic Environmental Assessment in Australasia, Federation Press, Sydney, (2002) 211-218, (with Dovers)

‘The heritage management of wetlands: Legislative designation and protection, a viewpoint from England and Wales’ in Wetland Archaeology Research Project (ed), The Heritage Management of Wetlands, European Archaeological Consortium/English Heritage, (2001) 7-15

‘Forests’ Subtitle 14.10, 135 pp, The Laws of Australia, Sydney: Law Book Company (1999)

Journal articles

‘Strategic environmental assessment legislation in Australian states and territories’, (2006) 13 Australasian Journal of Environmental Management (with Ashe), 205-215

‘Constitutional interpretation in Hong Kong: Do common law approaches apply when the National Peoples Congress Standing Committee interprets the Basic Law?’, (2006) Lawasia Journal, 99-124

‘Regional autonomy, judicial criticism and the 2005 interpretation: Judicial independence in Hong Kong compromised again?’, (2006) 36(1) Hong Kong Law Journal, 117-142

‘Strategic environmental assessment and sustainability in Europe: How bright is the future?’, (2005) 14(1) Review of European Community and International Environmental Law (with De Mulder), 50-62

‘Protecting archaeological heritage in wetlands: The muddied waters of international, European, English and Australian law’ (2002) 4(1) Environmental Law Review, 26-50

‘An international overview of strategic environmental assessment, with reference to World Heritage areas globally and in Australian coastal zones’ (2002) 4(1) Journal of Environmental Assessment Policy and Management, 31-66

‘SEA and international law: An analysis of the effectiveness of the SEA Protocol to the Espoo Convention, and of the influence of the SEA Directive and Aarhus Convention on its development’ (2002) 2 Environmental Law Network International Review, 1-10

‘Tasmania's environmental improvement programs and the brown issues: Environmental accountability or regulatory capture?’ (2000) 17(1) Environmental and Planning Law Journal, 24-33, (with Gibson and Hollingsworth)

‘Strategic environmental assessment in Australia: An evaluation of s146 of the Environment Protection and Biodiversity Conservation Act 1999’ (1999) 8(2) Griffith Law Review, 394-410, special issue on Interdisciplinary Perspectives on Environmental Law

‘Legislative EA in the Netherlands: The E-Test as a strategic and integrative instrument’, (1999) 9(3) European Environment, 90-100

‘Why is legislative EA in Canada ineffective and how can it be enhanced?’ (1998) 18(3) Environmental Impact Assessment Review, 241-265

‘Importance of context in measuring the effectiveness of strategic environmental assessment’ (1998) 16(4) Impact Assessment and Project Appraisal, 255-266

‘Applying EIA to legislative proposals: Practical solutions to advance ESD in Commonwealth and state policy-making’ (1997) 14(3) Environmental and Planning Law Journal, 159-173, special EIA issue