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Journal articles on the topic 'Access to justice in environmental matters'
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1
Dross, Miriam. "ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS." Tilburg Law Review 11, no. 4 (January 1, 2003): 720–37. http://dx.doi.org/10.1163/221125904x00077.
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Benvenuti, Simone. "Access to Justice in Environmental Matters." Journal for European Environmental & Planning Law 11, no. 2 (July 8, 2014): 163–82. http://dx.doi.org/10.1163/18760104-01102007.
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Judicial networking is an ever-expanding phenomenon in European governance. This paper focuses on the role judicial networks may have in shaping environmental legal policies and in the implementation of European environmental legislation. In particular, it looks at the debates happening between three main networks of judges with regard to the issue of the legal standing of associations, which is a heated topic that has also a political relevance. The author suggests that the building of a European judicial community within a broader European legal field is currently in progress, where national judges have an important role to play.
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Poncelet, Charles. "Access to Justice in Environmental Matters: Recent Developments." International Community Law Review 14, no. 2 (2012): 179–85. http://dx.doi.org/10.1163/187197312x633487.
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Abstract The right of access to justice in environmental matters constitutes one of the three pillars enshrined by the Århus Convention to which the European Union is a Party. This article will examine a recent judgment of the European Court of Justice. Indeed, the latter appears to play an important role in the implementation of this procedural right.
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Gellers, Joshua C., and Chris Jeffords. "Toward Environmental Democracy? Procedural Environmental Rights and Environmental Justice." Global Environmental Politics 18, no. 1 (February 2018): 99–121. http://dx.doi.org/10.1162/glep_a_00445.
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The global trend toward adopting environmental rights within national constitutions has been largely regarded as a positive development for both human rights and the natural environment. The impact of constitutional environmental rights, however, has yet to be systematically assessed using empirical data. In particular, expanding procedural environmental rights—legal provisions relating to access to information, participation, and justice in environmental matters—provides fertile ground for analyzing how environmental rights directly interface with conditions necessary for a functioning democracy. To understand the extent to which these provisions deliver on their lofty aspirations, we conducted a quantitative analysis to assess the relationship between procedural environmental rights and environmental justice, while also controlling for the extent of democracy within a country. The results suggest that states with procedural environmental rights are more likely than nonadopting states to facilitate attaining environmental justice, especially as it relates to access to information.
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Okonkwo, Eloamaka Carol. "Assessing the Role of the Courts in Enhancing Access to Environmental Justice in Oil Pollution Matters in Nigeria." African Journal of International and Comparative Law 28, no. 2 (May 2020): 195–218. http://dx.doi.org/10.3366/ajicl.2020.0310.
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Oil pollution issues link environmental justice and access to justice as aspects of procedural environmental justice. To achieve procedural environmental justice, this article aimed at examining access to courts in Nigeria. To accomplish this aim, the author has analysed the meaning of environmental justice, considered the principles and ways of enforcing access to justice in environmental matters and appraised the decisions of the Nigerian and African regional courts. It found very fundamental roles of the courts and identified many impediments to accessing courts in Nigeria which result in human rights violations and environmental injustices. The author drew conclusions and made recommendations.
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Krämer, Ludwig. "Transnational Access to Environmental Information." Transnational Environmental Law 1, no. 1 (March 13, 2012): 95–104. http://dx.doi.org/10.1017/s2047102511000070.
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AbstractThis paper traces back the efforts, in particular in Europe, to promote transnational legal provisions which grant a right of access to environmental information. Initiatives in the 1970s failed to establish a fundamental right to a clean environment. However, the establishment of fundamental procedural rights of access to information, participation in decision-making and access to justice in environmental matters has been more successful – culminating in the 1998 Aarhus Convention. This paper describes the – until now unsuccessful – attempts to extend the territorial scope of application of the Aarhus Convention to non-European countries and regions, and ultimately the conclusion of a global convention on access to environmental information.
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Buzunko, O. A. "THE COURT FEES ASSOCIATED WITH ACCESS TO JUSTICE IN ENVIRONMENTAL MATTERS." Juridical scientific and electronic journal, no. 3 (2020): 169–73. http://dx.doi.org/10.32782/2524-0374/2020-3/41.
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Phan, Vi Thy Tuong. "Improving legal framework to implement the right to access to justice in environmental matters in Vietnam." Science and Technology Development Journal 18, no. 3 (August 30, 2015): 135–46. http://dx.doi.org/10.32508/stdj.v18i3.866.
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“The right to access to justice in environmental matters” is one of human’s basic rights as mentioned in important international documents of human’s rights and international environmental agreements. This right, however, still rather new both in theory and in practice in Vietnam. To provide readers with an overview of the right to justice in environmental matters in Vietnam, this paper will present its origin and legal background. An analysis of some practical cases is also included to provide a better understanding about the right. The author also suggests some solutions with an attempt to guarantee the right so that the environmental protection will be carried out more efficiently.
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Krämer, Ludwig. "Access to Environmental Justice: the Double Standards of the ecj." Journal for European Environmental & Planning Law 14, no. 2 (June 29, 2017): 159–85. http://dx.doi.org/10.1163/18760104-01402003.
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In its findings of 27 June 2016, the Aarhus Convention Compliance Committee concluded that European Union “failed to comply with Article 9 paragraphs 3 and 4 of the Convention with regard to access to justice by members of the public, because neither the Aarhus legislation nor the jurisprudence of the ecj implements or complies with the obligations under these paragraphs”. Against this backdrop, the present contribution retraces the jurisprudence of the ecj on access to justice in environmental matters, evaluates its compatibility with the Aarhus Convention and compares it with the ecj’s practice in economic cases, in particular in the area of State aid. It is shown, i. a., that the ecj denies ngos access to justice with regard to acts and omissions of eu institutions and how this is in breach with both eu environmental laws and Article 9(3) of the Aarhus Convention. It is also shown that the Court of Justice is much stricter with regard to the admissibility of actions which try to protect the environment than it is with regard to actions, where economic interests are at stake.
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He, Miao. "Sustainable Development through the Right to Access to Justice in Environmental Matters in China." Sustainability 11, no. 3 (February 10, 2019): 900. http://dx.doi.org/10.3390/su11030900.
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Access to justice is an irreplaceable complementary right. Without enforcement, environmental law would be ‘toothless’ in practice. Recently, China has made some significant progress in protecting the relevant parties’ right to access to justice in environmental matters. However, there are still some problems and challenges in the protection of this right in theory and in practice. To effectively realize this right, it is necessary to analyze the present situations and problems of the right in China from a legal perspective. This is done by introducing and analyzing the laws, regulations, policies, and practice concerning the right to access to justice in environmental matters in China. Specifically, this paper discusses the present situations of this right from several aspects. Based thereon, a brief problems analysis will be made. Some possible suggestions on how to better protect the right in China will be proposed from the perspectives of engaging, effectiveness and efficiency. These suggestions include empowering various parties with more capacity and possibilities; establishing a legal aid system and special fund; improving the exemption system and attorney fee transfer system; establishing a pre-litigation examination mechanism; and stimulating various parties’ potential roles.
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Darpö, Jan. "On the Bright Side (of the eu’s Janus Face)The eu Commission’s Notice on Access to Justice in Environmental Matters." Journal for European Environmental & Planning Law 14, no. 3-4 (December 6, 2017): 373–98. http://dx.doi.org/10.1163/18760104-01403007.
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In April 2017, the eu Commission published a “Notice on Access to Justice in Environmental Matters”, laying down the views of Brussels on this hot topic. The Notice takes stock of the dynamic development of the cjeu’s case law on the matter and draws cautious conclusions from this jurisprudence. This article is both an introductory and a short comment on the Notice. The main reasoning and conclusions drawn in the document are described, and then a couple of key issues are highlighted and discussed. All in all, evaluation of the Notice is positive, as it represents a rather big step forward compared with previous standpoints from Brussels. In this way, the Notice consolidates the impression that the eu is furnished with a Janus face concerning access to justice in environmental matters. It is very positive and affirming concerning legal challenges to administrative decision-making in national courts on the one hand, but very strict and of a rejecting nature when dealing with direct action to the cjeu on the other.
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Michalak, Magdalena, and Przemysław Kledzik. "The Aarhus Convention and Polish Regulations Concerning Parties to Proceedings for Issuing the eia Decisions." Journal for European Environmental & Planning Law 18, no. 1-2 (February 10, 2021): 56–76. http://dx.doi.org/10.1163/18760104-18010005.
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Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.
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Ni, Vadim. "The Aarhus Convention: A Basis for Reforming the Legislation on Access to Environmental Information in Kazakhstan." Journal for European Environmental & Planning Law 4, no. 4 (2007): 289–95. http://dx.doi.org/10.1163/187601007x00488.
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AbstractThis article describes the prerequisites, stages and outcomes of the reform of legislation on public access to environmental information in Kazakhstan, where the Convention of the UN Economic Commission for Europe on Access to Environmental Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention, or Convention)1 has served as a driving force in this process. New approaches and legal requirements on access to environmental information have been embodied in the Environmental Code2 and the new Law on the Procedure for Review of Appeals from Natural and Legal Persons (Law on appeals)3.
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Poncelet, C. "Access to Justice in Environmental Matters--Does the European Union Comply with its Obligations?" Journal of Environmental Law 24, no. 2 (March 16, 2012): 287–309. http://dx.doi.org/10.1093/jel/eqs004.
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Mason, Michael. "Information Disclosure and Environmental Rights: The Aarhus Convention." Global Environmental Politics 10, no. 3 (August 2010): 10–31. http://dx.doi.org/10.1162/glep_a_00012.
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Access to information is the first “pillar” of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998). This article examines how the information disclosure obligations on states within the Aarhus Convention express a particular blend of human environmental rights, conjoining procedural entitlements (and duties) with a substantive right to an environment adequate to human health and well-being. “Aarhus environmental rights” have been lauded for increasing citizen access to environmental information, helping to secure more transparent and accountable regulatory processes. However, the information rights are rendered inconsistent in practice by three properties: 1) the discretion accorded to Convention Parties in interpreting Aarhus rights; 2) the exclusion of private entities from mandatory information disclosure duties; and 3) the indeterminate coupling of procedural and substantive rights. These tensions reflect a structural imbalance in the articulation of Aarhus rights between social welfare and market liberal perspectives.
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Zaļoksnis, J. "Environmental Information System of the Republic of Latvia." Environment. Technology. Resources. Proceedings of the International Scientific and Practical Conference 1 (June 26, 2006): 300. http://dx.doi.org/10.17770/etr2003vol1.2024.
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The Latvia Constitution (Satversme), the law “On environmental protection” and Aarhus convention on access to information, public participation in decision-making and access to justice in environmental matters are main legislative acts of the Republic of Latvia dealing with environmental information. State environmental information system in general provides data needed for decision making process done by state authorities. Residents and non-governmental organizations have access to environmental information as well. Unfortunately direct information exchange among authorities, institutions, organisations, enterprises and citizens sometimes is proceeding with difficulties. Inquiries done in the country before UN summit on Environment and development (Johannesburg, 2002) outlined dissatisfaction by public and many unsolved problems. The Environment ministry has developed the Environmental Communication and Education Strategy and Action Program. In foreseeable future the Environmental information and education centre will be established as well as a network based on regional environmental boards and self-government institutions.
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YEREZHEPKYZY, Roza, Serikkali TYNYBEKOV, Arkhat ABIKENOV, and Sarsengali ALDASHEV. "Access of the Public to Environmental Information in the Republic of Kazakhstan." Journal of Advanced Research in Law and Economics 8, no. 7 (June 17, 2018): 2277. http://dx.doi.org/10.14505//jarle.v8.7(29).29.
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In the present work, a comprehensive legal analysis of public access to information in the field of environmental protection and the use of natural resources in the Republic of Kazakhstan has been conducted, and the legal basis for securing, implementing and protecting the public's right to access to environmental information has been examined. Particular attention is paid to the problems of direct implementation of environmental information provision, as well as to the role of the public in participation in decision-making in the Republic of Kazakhstan, legal problems of judicial protection of legitimate rights and interests of the public and citizens in this field. The theoretical conclusions and recommendations on improving the legislation are substantiated, based on the requirements for the implementation of the norms of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters in National Legislation.
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Marsden, Simon. "Enforcing Non-Discrimination in Transboundary Environmental Impact Assessment: Advantages for EU Citizens from the Transposition of the Espoo and Aarhus Conventions?" Journal for European Environmental & Planning Law 6, no. 4 (2009): 437–60. http://dx.doi.org/10.1163/161372709x12608898676832.
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AbstractThis article examines the relationship between international and European law with respect to transboundary environmental impact assessment (TEIA), which under the UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo) applies requirements for EIA to the relationship between states known as 'Parties of origin' and 'affected Parties'. Information is shared and participation in the Party of origin procedure by the public in affected as well as origin states is required (non-discrimination); these provisions are enhanced under the related Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus), which also contains provisions enabling enforcement. The purpose is to analyse whether EU citizens have greater opportunities to enforce these rights than citizens of state Parties to the two treaties that are not members of the EU. Procedure and practice under the transposing directives on EIA and public participation is examined, and conclusions are drawn that although to a large extent EU membership is advantageous to EU citizens involved with TEIA, certain constraints concerning public participation and access to justice remain.
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Tulstrup, Jørgen. "Environmental data and the Internet: openness and digital data management." Geological Survey of Denmark and Greenland (GEUS) Bulletin 4 (July 20, 2004): 45–48. http://dx.doi.org/10.34194/geusb.v4.4780.
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In recent years the Geological Survey of Denmark and Greenland (GEUS) has, for a variety of reasons, worked intensively on implementing Internet technologies. The most important aim has been to provide public and private companies with access to many of the geological databases and maps at the Survey, thus substantially increasing the value of the geological data. In this way GEUS is implementing the intentions of the United Nations Aarhus-convention in respect of access to information, public participation in decision-making and access to justice in environmental matters (UNEC 1998). Another important objective has been to improve the procedures that deal with data input, registration and quality control of the large amounts of data that GEUS receives from regional authorities, private drilling companies and advisers, as well as that acquired by the activities of its own geological staff. This complies with the Danish Government’s initiatives for making the public sector more efficient through digital data management.
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Elvan, Osman Devrim, and Y. Ozhan Turker. "Access to justice in environmental matters in Turkey: A case study from the ancient city of Allianoi." International Journal of Law, Crime and Justice 43, no. 4 (December 2015): 424–38. http://dx.doi.org/10.1016/j.ijlcj.2014.11.003.
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Fitzmaurice, Malgosia. "Public Participation in the North American Agreement on Environmental Cooperation." International and Comparative Law Quarterly 52, no. 2 (April 2003): 333–68. http://dx.doi.org/10.1093/iclq/52.2.333.
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The subject of this article is public participation in the NAAEC. It will be analysed against the background of certain other international conventions that make provision, in one way or another, for public participation in relation to environmental protection, in particular, the 1998 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’) and the 1974 Convention on the Protection of the Environment between Denmark, Finland and Sweden (the ‘Nordic Convention’). The 1950 European Convention of Human Rights will also be referred to in so far as it secures public participation and from the point of view of its effectiveness in assisting in the enforcement of national environmental law. Reference to these instruments will, however, be limited to that which is relevant to the present essay.
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Whittaker, Sean. "The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing." Transnational Environmental Law 6, no. 3 (May 23, 2017): 509–30. http://dx.doi.org/10.1017/s2047102517000115.
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AbstractThis article analyzes the potential for legal transplant theory to strengthen the legal regimes that guarantee the right of access to environmental information in England and China. Guaranteed by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, the right has a substantial impact on how individuals can act as environmental stewards. However, despite the framework provided by the Aarhus Convention, there are shortcomings in how these states guarantee the right when compared with the obligations set by the provisions of the Convention. The article applies Alan Watson’s legal transplant theory to the environmental information regimes in England and China and considers the likelihood of each jurisdiction sourcing legal reforms from the other. It also seeks to identify common trends shared by each jurisdiction and the impact of the Aarhus Convention on such transplants.
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Molaiwa, Andrew. "Municipal Courts and Environmental Justice in South African Local Government." Potchefstroom Electronic Law Journal 24 (July 8, 2021): 1–40. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a8990.
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Environmental injustice is part and parcel of the fundamentals of international and domestic environmental law. In South Africa, section 2(4)(c) of the National Environmental Management Act 107 of 1998 (NEMA) establishes environmental justice (EJ) as part of the environmental management principles to direct decision-making. This is particularly relevant because of the country’s legacy of continuing environmental injustices and inequalities, especially concerning natural-resource dependent services and benefits. The Constitution of the Republic of South Africa, 1996 further establishes a developmental local government (DLG) of which the objects are to ensure a safe and healthy environment, sustainable delivery of services, promotion of social and economic development as well as public participation in decision-making. These objects are complemented by section 24 environmental right in the Bill of Rights.
Municipal service delivery of water and sanitation, electricity, land matters and municipal health, should supplement, not compromise the state of local communities' environment and access should be equal. The absence of the latter may result in the form of environmental injustice as has been described by authors such as Bullard, McDonald and Schlosberg. In the event of service delivery-related environmental injustices, it is to be expected that communities must have remedial options available. One of which may be accessible to the judicial system.
Therefore, this paper focuses on and explains the role that Municipal Courts specifically may play in fortifying the relationship between municipal service delivery and improved grass-root level environmental justice in South Africa. The underlying question is whether such courts can be agents of (environmental) change where local communities are exposed to environmental harm as a consequence of the failure of municipal services or the environmentally harmful actions of other community members or local industries.
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Gill, Gitanjali Nain. "Environmental Justice in India: The National Green Tribunal and Expert Members." Transnational Environmental Law 5, no. 1 (December 2, 2015): 175–205. http://dx.doi.org/10.1017/s2047102515000278.
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AbstractThis article argues that the involvement of technical experts in decision making promotes better environmental results while simultaneously recognizing the uncertainty in science. India’s record as a progressive jurisdiction in environmental matters through its proactive judiciary is internationally recognized. The neoteric National Green Tribunal of India (NGT) – officially described as a ‘specialised body equipped with necessary expertise to handle environmental disputes involving multi-disciplinary issues’ – is a forum which offers greater plurality for environmental justice. The NGT, in exercising wide powers, is staffed by judicial and technical expert members who decide cases in an open forum. The experts are ‘central’, rather than ‘marginal’, to the NGT’s decision-making process.This article draws on theoretical insights developed by Lorna Schrefler and Peter Haas to analyze the role of scientific experts as decision makers within the NGT. Unprecedented interview access provides data that grants an insight into the internal decision-making processes of the five benches of the NGT. Reported cases, supported by additional comments of bench members, illustrate the wider policy impact of scientific knowledge and its contribution to the NGT’s decision-making process.
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Makritskaia, E. D. "The Right of Access to Environmental Information in the Aarhus Convention Paradigm: Implementation Experience in Some States." Siberian Law Herald 4, no. 91 (2020): 116–22. http://dx.doi.org/10.26516/2071-8136.2020.4.116.
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The study analyzed some provisions of the Convention on access to information, public participation in decision-making, and access to justice in environmental matters directly related to the right to access to environmental information (in particular, articles 4 and 5 of the Convention, which regulate directly access to environmental information and the collection and dissemination of environmental information, respectively). The components of this right have been studied and described, as well as the main legal terms relating to the law in the text of the Aarhus Convention, such as “environmental information”, “as short as possible”. The work also analyzed and identified those types of information that, based on the provisions of the Convention, relating to environmental information. The paper provides examples of the impact of the Aarhus Convention on the national legislation of some States, as well as a mechanism for implementing the right of access to environmental information in the Republic of Belarus. Based on the study, general provisions on the right of access to environmental information are described, as well as the fact that the language of the Aarhus Convention is widely used in the legislation of States parties to the convention, and the right of access to environmental information itself is integral and multidimensional.
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Burgin, Alexander. "The implementation of EU environmental policy: Why the scope conditions have improved?" World Journal of Environmental Research 8, no. 1 (May 25, 2018): 1–7. http://dx.doi.org/10.18844/wjer.v8i1.3944.
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Implementation gaps of European Union (EU) environmental policy are explained, inter alia, by shortcomings in knowledge, a lack of administrative capacities and weak enforcement practices. However, this article presents evidence that the scope conditions have improved, based on document analysis and semi-structured interviews with actors involved in the implementation process. Four main factors are considered. First, the Commission’s monitoring capacities benefit from an improved access to data sources other than those provided by the member states, and from a reduced legislative agenda, allowing for a more intense focus on implementation. Second, subnational actors have improved their implementation capacity through knowledge transfers and strategic planning, facilitated by improved statistical data. Third, inspection networks benefitted from technical advances, such as the access to satellite images, presenting new opportunities for the detection of environmental crimes, and new software programs facilitating risk-based inspections. Finally, citizens’ and non-governmental organizations’ improved access to justice in environmental matters contributes to a stricter enforcement of EU law.
Keywords: networks; European Union; software programs
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Rasquin, Christian. "“Unlocking Legal Gridlock in High-Income Countries: How Excessive Litigation Hampers Growth and Harms Democracy”." Law and Development Review 14, no. 2 (June 1, 2021): 665–88. http://dx.doi.org/10.1515/ldr-2021-0087.
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Abstract The paper focuses on rules of standing in the context of environmental law. With the implementation of the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters (Aarhus Convention) in European law, interest groups have become major players in the enforcement of environmental regulations. Although such interest groups can help to reduce enforcement deficits, their involvements create the risk of regulatory gridlock, with excessive litigation lengthening approval processes which can discourage investment in public and private infrastructure. The paper discusses the implementation of the Aarhus Convention in Germany, highlights ways to overcome administrative gridlock and facilitate effective approval procedures. If implemented, these strategies will enable Germany’s economy to remain competitive, supporting the maintenance of the country’s high standard of living and strong welfare state.
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Ivanović, Mirjana Drenovak. "The application of information technology and environmental protection." International Review of Administrative Sciences 78, no. 4 (December 2012): 692–709. http://dx.doi.org/10.1177/0020852312455305.
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The Aarhus Convention became a part of the Serbian legal system through the adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters in May 2009. Although the legislation in Serbia, prior to the ratification of the Aarhus Convention, pointed, to some extent, to the realization of ideas promoted by it, following the ratification, there was the formal possibility of the consistent application of rights stipulated by the Convention. This article analyses the role of information technology (IT) in providing public access to environmental information. There are three basic ways IT may be applied in environmental protection. First, through the use of IT for environmental matters, the public can be informed about the general condition of the environment. In the legal system of Serbia, the Agency for Environmental Protection is obliged to collect environmental information from local government and compile annual reports on the environment that should be presented on the Agency website. This article analyses the information systems of the Serbian Agency for Environmental Protection and the further possibilities of using these. Second, IT can be used as a way of regular communication between government and citizens. In accordance with the principle of transparency, government bodies are obliged to provide an adequate way for the public to have an insight into their work. In addition, the authorized person is responsible for the accuracy of this information and for providing public access within a reasonable timeframe. In this sense, the article analyses the legal framework of e-access to environmental information and the relevant practice of the Commissioner for Information of Public Importance and Personal Data Protection. Third, the application of IT in environmental matters can promote public participation in environmental decision-making. If there were a legal framework, the public would be able to participate in procedures, such as environmental impact assessments, by submitting their opinions as e-documents. This article points out the relations between the application of IT and the level of public awareness about the environment, and the impact these relations have on environmental protection. Points for practitioners The article examines whether there is a possibility of using IT as a means of achieving daily communication between government and citizens in matters of the protection, preservation and improvement of the environment in Serbia, how the application of information technology achieves wider public participation in environmental decision-making, and whether the application of IT can eliminate deficiencies in the assessment of environmental impacts which occur in practice. The article provides an overview of environmental legislation in Serbia, which regulates the possibility of using IT in environmental protection and administrative practice.
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Garçon, Gérardine. "Limits of NGO Rights to Invoke Access to Justice under the Aarhus Convention." European Journal of Risk Regulation 6, no. 3 (September 2015): 458–69. http://dx.doi.org/10.1017/s1867299x00004967.
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Joined Cases C-404/12P and C-405/12PThe Aarhus Convention was concluded in order to strengthen the rights of the public on access to information, public participation in decision-making and access to justice in environmental matters. The Convention provides that members of the public shall have access to administrative or judicial procedures to challenge measures by private persons and public authorities that contravene provisions of national law relating to the environment. At EU level, a regulation made the Aarhus Convention applicable to EU institutions. Pursuant to that regulation, review of measures adopted by EU institutions is limited to administrative acts. Two NGOs challenged the legality of that limitation and filed legal action. The case was related to the establishment of EU maximum residue levels for active substances contained in crop protection products. The Commission refused to review this measure which it considered to be no administrative act. The Court of Justice of the European Union has recently given its judgment in that case. The impact of the judgment goes beyond the crop protection sector as it concerns the scope of the internal review concept in general. Further, but not less important, the Court has clarified to which extent international treaties concluded by the EU can be relied upon by individuals.
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Stec, Stephen, and Jerzy Jendrośka. "The Escazú Agreement and the Regional Approach to Rio Principle 10: Process, Innovation, and Shortcomings." Journal of Environmental Law 31, no. 3 (October 9, 2019): 533–45. http://dx.doi.org/10.1093/jel/eqz027.
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Abstract The adoption in 2018 of the Escazú Agreement by the countries of the Latin American and Caribbean region marks the second regional legal instrument aimed at the implementation of Principle 10 of the 1992 Rio Declaration, joining the Aarhus Convention of the pan-European region. The international community has settled upon the regional level as the appropriate means for implementing standards related to access to information, public participation, and access to justice in environmental matters. The appropriateness of the regional level is demonstrated by the differences and innovations found in the Escazú Agreement, in its scope and definitions, background principles, burden of proof and protections of environmental defenders and vulnerable populations. Yet, the regional approach also entails risks, as demonstrated by the limitation of the scope of rights for nationals of the country where specific activities are planned or occurring.
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de Sadeleer, Nicolas, and Charles Poncelet. "Protection Against Acts Harmful to Human Health and the Environment Adopted by the EU Institutions." Cambridge Yearbook of European Legal Studies 14 (2012): 177–208. http://dx.doi.org/10.5235/152888712805580417.
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AbstractThis chapter examines whether the EU has duly implemented its obligations regarding access to justice in environmental matters. On the one hand, EU courts remain hardly accessible to individuals seeking to challenge acts harmful to human health and the environment adopted by the EU institutions. In this regard, the Lisbon amendment of the standing requirements for non-privileged applicants has not radically changed the situation. In the light of recent decisions of the General Court, it appears that the latter has as yet resorted to a restrictive interpretation of the new prerequisites laid down in Article 263(4) TFEU. On the other hand, the internal review mechanism of EU environmental measures as provided for under secondary law does not live up to its objective of enhancing legal protection. In addition to the limited scope thereof, the EU institutions have shown much reluctance to be challenged. Therefore, it may be concluded that EU citizens are not provided with effective remedies. This represents a significant issue given the essential enforcement deficit of environment law. Arguably the EU legal system scarcely complies with the letter and the spirit of the Århus Convention with respect to access to justice.
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Grigorieva, Olga. "Implementation of international environmental standards in Russia (in terms of the provisions of the 1998 Aarhus Convention)." E3S Web of Conferences 244 (2021): 12010. http://dx.doi.org/10.1051/e3sconf/202124412010.
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The study analyzes the prospects for Russia’s ratification of the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (1998). The analysis of federal legislation in the field of ecology is carried out.The emphasis is on the provisions that regulate the rights of citizens to access official information on the state of the environment, to participate in the discussion of environmental programs and projects; the right to judicial review of actions of authorities that violate such rights. On the example of the city of Moscow - a subject of the Russian Federation, the official electronic services and resources are shown that allow you to receive information about the state of the environment in real time. Such electronic resources have been created by the Moscow City Government and are available on all social networks. Based on the results of the study, the conclusion is substantiated that the existing legislation in Russia and the practice of its application generally comply with the standards of the Aarhus Convention. Its ratification will allow Russia to reach a qualitatively new level of international environmental standards.
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Krämer, Ludwig. "Comment on case C-240/09 Lesoochranárske zoskupenie VLK: Access to justice in environmental matters: new perspectives (see page 402)." Journal for European Environmental & Planning Law 8, no. 4 (2011): 445. http://dx.doi.org/10.1163/161372712x13397499332665.
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GUERRA, Sidney, and Giulia PAROLA. "IMPLEMENTING PRINCIPLE 10 OF THE 1992 RIO DECLARATION: A COMPARATIVE STUDY OF THE AARHUS CONVENTION 1998 AND THE ESCAZÚ AGREEMENT 2018." Revista Juridica 2, no. 55 (April 11, 2019): 1. http://dx.doi.org/10.21902/revistajur.2316-753x.v2i55.3382.
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ABSTRACTTwenty years after the signature of the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, (the Aarhus Convention, 1998) on March 4, 2018 –and after six years of negotiations-,twenty-four countries in Latin American and the Caribbean adopted the Escazú Convention, the first ever legally binding treaty on environmental rights in the Region. The Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean, once ratified by the signatories, will affect the constitutions and the legislations in Latin America and the Caribbean in environmental matters, serving as a framework to increase the level of the protection on environmental participatory rights in the region. The objective of this article is to give an overview of both treaties. Part I will briefly outline the context and the negotiating process of the two texts. Then, Part II will consist of a comparative analysis, that will scrutinise the structure of the treaties, the notion of democracy and the substantive right to a healthy environment. Finally, the Part III will compare the three pillars recognised in both documents and underline the similarities, the differences between the three pillars, and the steps forwards for Environmental Rights in Latin America and the Caribbean. KEYWORDS: Right to access; Aarhus Convention; Escazú Agreement; Environmental Democracy; Latin America and Caribbean. RESUMOVinte anos após a assinatura da Convenção sobre Acesso à Informação, Participação no Processo de Tomada de Decisão e Acesso à Justiça em Matéria de Ambiente UN/ECE (Convenção de Aarhus, 1998) e após seis anos de negociações, vinte e quatro países da América Latina e do Caribe adotaram a Convenção Escazú, o primeiro tratado juridicamente vinculante sobre direito ambiental na Região. O Acordo Regional sobre Acesso à Informação, Participação Pública e Justiça em Matéria de Ambiente na América Latina e no Caribe, uma vez ratificado, produzira efeitos na ordem jurídica interna dos Estados partes em matéria ambiental e servirá para aumentar o nível de proteção dos direitos de participação ambiental na região. O objetivo deste artigo é fornecer uma visão geral de ambos os tratados. A parte I delineará brevemente o contexto e o processo de negociação dos dois textos. A Parte II consistirá numa análise comparativa que examinará a estrutura dos tratados, a noção de democracia e o direito substantivo a um ambiente saudável. Por fim, a Parte III se destina a comparar os três pilares reconhecidos em ambos os documentos e sublinhar as semelhanças, as diferenças entre os três pilares e os passos a serem tomados para o Direito Ambiental na América Latina e no Caribe. PALAVRAS-CHAVE: Acesso à justiça; Convenção de Aarhus; Acordo de Escazú; Democracia Ambiental; América Latina e Caribe
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Taddei, Ugo. "Case C-723/17 Craeynest: New Developments for the Right to Clean Air in the EU." Journal of Environmental Law 32, no. 1 (March 1, 2020): 151–60. http://dx.doi.org/10.1093/jel/eqaa001.
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Abstract This analysis considers and reviews the judgment of the Court of Justice of the European Union in Case C-723/17 Lies Craeynest and Others v Brussels Hoofdstedelijk Gewest and Brussels Instituut voor Milieubeheer [2019] ECLI:EU:C:2019:533, which followed a preliminary reference by the Nederlandstalige rechtbank van eerste aanleg Brussel (Dutch-language Court of First Instance of Brussels) concerning the interpretation of Directive 2008/50/EC on ambient air quality and cleaner air for Europe. The Craeynest judgment strengthens the right to clean air in the European Union, offering new tools for citizens to hold authorities accountable before national courts. It also provides key clarifications about the intensity of judicial review of scientifically complex assessments. In this regard, the Craeynest case has the potential to strengthen access to justice beyond air quality issues in other environmental matters.
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Ziehm, Cornelia. "Legal Standing for NGOs in Environmental Matters under the Aarhus Convention and under Community and National Law." Journal for European Environmental & Planning Law 2, no. 4 (2005): 287–300. http://dx.doi.org/10.1163/187601005x00066.
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AbstractFor some thirty years or more, there have been calls in Germany for non-governmental organisations (NGOs) to be given legal standing to ensure correct application and enforcement of environmental law1. The German Advisory Council on the Environment (SRU) has long advocated such legal standing for NGOs2, emphasising in particular that the right to bring a representative action in no way constitutes privileged treatment of environmental interests. Rather, it redresses the inequalities of a legal system that places the interests of environment users above those of environment protection3. The representative action has to be seen as a much-needed form of legal standing for public interests that have up to now been unenforceable before the courts. The following article describes the practical experiences with legal standing for NGOs and the relevance of the judiciary, deals with the core elements of the Aarhus Convention, the Directives 2003/4/EC, 2003/35/FC and the proposal for a directive on access to justice in environmental matters and displays the respective comments and recommendations of the Council.
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CUBERO MARCOS, José Ignacio. "Proyectos y planes aprobados por Ley: contradicciones a la luz de la evaluación ambiental, el derecho de participación y el acceso a la justicia en materia ambiental." RVAP 99-100, no. 99-100 (December 30, 2014): 1045–77. http://dx.doi.org/10.47623/ivap-rvap.99.100.2014.042.
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LABURPENA: Azken garaiotan Legeak onartzen duen ingurumenari lotutako proiektuak ugaritu egin dira. Honek zalantza eta eztabaida handiak sortu ditu ingurumen ebaluaketa, parte- hartze prozedura eta justiziara sartzeari buruz esparru horretan. Halaber, ez da zehaztu ea esku har dezakeen legegintzarako botereak gai batzuetan, horrek ez dituelako ezinbesteko baliabideak, proiektuek eta planek ukitutako pertsonek eta ingurumena babesteko elkarteek prozeduretan parte hartu ez ezik, lege horiek aurka ditzaten ere, Europar Batasuneko legediak eta Nazioarteko Zuzenbideak ezartzen duen moduan. Konstituzio Auzitegiak irizpide iraunkor eta argia finkatu behar du, proiektuen hauen baliotasunaren inguruan. RESUMEN: Han proliferado en los últimos tiempos las actividades y los planes en materia ambiental autorizados por una Ley, lo que presenta enormes controversias y dudas respecto al cumplimiento de las garantías que la legislación ha establecido en materia de evaluación ambiental, procedimiento de participación y acceso a la justicia en ese sector. Asimismo, no ha permitido clarificar si el poder legislativo puede o no intervenir en determinadas cuestiones, debido a que no reúne las condiciones indispensables para que las personas afectadas por los proyectos o planes, así como las asociaciones dedicadas a la defensa del medio ambiente, participen en los procedimientos y se defiendan ante los tribunales contra sus decisiones, tal y como establece la legislación comunitaria e internacional. El Tribunal Constitucional debería fijar un criterio estable y claro en torno a la validez de este tipo de proyectos. ABSTRACT: In the last times the number of projects authorized by a Law has grown in environmental matters, which shows many controversies and doubts related to fulfil the guarantees that legislation has established about the environmental assessment, the participation procedure and access to justice in that sector. Additionally, it is not has been clarified if legislative power can take over in some matters, because it lacks the conditions so that people affected by projects or plans overrule a passed Law, and associations destined to protect environment take part in procedures and defend their interests before courts of justice, as International and Community Law lays down. Constitutional Court should set stable and clear criteria around this sort of projects.
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Pirker, Benedikt. "Access to Justice in Environmental Matters and the Aarhus Convention's Effects in the EU Legal Order: No Room for Nuanced Self-executing Effect?" Review of European, Comparative & International Environmental Law 25, no. 1 (October 23, 2015): 81–91. http://dx.doi.org/10.1111/reel.12124.
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Nugroho, Wahyu. "INTERACTIONS BETWEEN LEGAL SYSTEMS IN THE JUDICIAL PROCESS OF KENDENG CASE (A CRITICAL ANALYSIS OF ACCESS TO JUSTICE)." Diponegoro Law Review 3, no. 1 (August 31, 2018): 15. http://dx.doi.org/10.14710/dilrev.3.1.2018.15-27.
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The Indonesian state has the characteristic of legal system plurality in a national legal system, it is interesting to be observed from law making, licencing, law implementation, to judiciary process. State organizers in the context of government (executive power) as the licensors of business activities and the judiciary (judicial power) State Administration, as absolute competence over the objects of environmental administration disputes require optical and comprehensive holistic understanding, amidst the very diverse conditions of the legal system (legal pluralism) and a pluralistic society to be bound in a single national legal system (unification). The problem formulation in this paper is: (1) How is the interaction of continental European legal system and customary law system on kendeng case in the tiered judicial process? And (2) how does the interaction affect the legal system on the judge's mindset over environmental permit disputes objects? In relation to executive power as a licensor, the involvement of the public in the process of publishing environmental documents becomes a very important matter. Kendeng Community of Rembang Regency Central Java Province is fighting for its rights and various access to justice, finally choosing the judicial route as the main tool against the state, namely the State Administrative Court (PTUN) Semarang, High Administrative Court (PT TUN) Surabaya, Until the most recent legal remedy in the judicial system in Indonesia, namely the Review Supreme of Court. In this paper, it shows the interaction between the legal system, the continental European legal system and the customary law system in the process of tiered justice as an access to justice for the kendeng mountain community.
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de Meester, Edith, and Maarten van Ham. "Symmetry and Asymmetry in Working and Commuting Arrangements between Partners in the Netherlands: Does the Residential Context Matter?" Environment and Planning A: Economy and Space 41, no. 9 (January 1, 2009): 2181–200. http://dx.doi.org/10.1068/a41246.
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Time spent on work and commuting within dual-earner households is often analysed separately for individuals, but this does no justice to the reality of dual-earner households where decisions on work and commuting are made in a household context. This paper reports on a quantitative study of the impact of the residential context on working arrangements and commuting arrangements of partners in couple and family households. Using multinomial logistic regression, we analysed data from the 2002 Netherlands Housing Demand Survey and the 2004 ABF Real Estate Monitor. The results show a (gendered) effect of residential location in terms of degree of urbanisation and job access on both working and commuting arrangements. Good access to jobs makes it more likely that couples have a symmetric full-time working arrangement and also more likely that both partners work far away from home. Those in symmetric full-time working arrangements are also those most likely to be in symmetric close commuting arrangements. This finding reflects the substantial time pressure on such households.
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Lualhati, Genalyn P., Frances Jane A. Catibog, Rose Anne L. Holgado, and John Mark A. Liwanag. "Discovering Ecological Awareness of Filipino Education Students." International Journal of Applied Science 1, no. 2 (October 30, 2018): p37. http://dx.doi.org/10.30560/ijas.v1n2p37.
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Ecological awareness is a way of thinking about the world in terms of its interdependent natural and human systems, including a consideration of the consequences of human actions and interactions within the natural context. Hence, this research determined the level of ecological awareness of Filipino education students, with the aim of strengthening their ecological awareness through enrichment activities. The input of the study was determined by employing self-made questionnaire as the principal tool for gathering data. Through appropriate statistical tools and analyses of data, the study revealed that the respondents are greatly female individuals who belonged to the bracket of middle income, reached high school level which was the parent’s highest educational attainment and acquired General Weighted Average (GWA) in Natural Sciences (NS) ranging from 2.00-2.49. It also revealed that the respondents are aware when it comes to caring and practical competency. Further, it was revealed that there is no significant relationship between sex and ecological awareness while there is a significant relationship between socio-economic status, parent’s highest educational attainment, GWA in NS and ecological awareness. The above-mentioned findings recommend to conduct programs that integrate caring, knowledge, and action that determine potential to enhance student’s ecological awareness and promote transparency and public participation in decision-making, and access to justice in environmental matters.
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Vukasovic, Vid. "International legal regulation of the right to adequate environment." Medjunarodni problemi 55, no. 1 (2003): 89–103. http://dx.doi.org/10.2298/medjp0301089v.
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The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.
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Millner, Felicity. "Access to Environmental Justice." Deakin Law Review 16, no. 1 (August 1, 2011): 189. http://dx.doi.org/10.21153/dlr2011vol16no1art99.
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Environmental justice is an important aspect of social justice. Regulation of the environment and decisions about development and environmental policy impact upon our quality of life by influencing and affecting our health, as well as that of our urban and natural environments, and the availability of and access to natural resources. Disadvantaged members of society typically bear the brunt of the environmental impacts of human activity. Therefore, an essential part of attaining social justice is enabling the members of the community who will be adversely affected by these impacts to participate in and have rights of review in relation to the making of environmental laws, decisions about land use and development and enforcement of environmental laws.
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Freitas, Mariana Passos. "Access to Environmental Justice in Brazil." International Journal for Court Administration 8, no. 3 (July 4, 2017): 1. http://dx.doi.org/10.18352/ijca.232.
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Kim, Jinwon, Seong Ok Lyu, and HakJun Song. "Environmental Justice and Public Beach Access." City & Community 18, no. 1 (March 2019): 49–70. http://dx.doi.org/10.1111/cico.12372.
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Beaches are an important recreational setting due to their provision of ideal open spaces for diverse water– and land–based recreation opportunities. Despite the importance of assessing the environmental justice of public beach access, few empirical studies have been conducted in community recreation. Using an environmental justice framework, this study examined whether inequities exist for certain racial/ethnic and socioeconomic groups with respect to the distribution of public beach access in the Detroit Metropolitan Area. Results indicated that inequitable public beach access is associated with population density, median housing value, elderly population, and nonvehicle ownership. Such findings can help public leisure agencies to assess environmental justice, a first step in developing more effective community recreation planning and management policies. Study implications, limitations, and recommendations for further research are also discussed.
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Sikorska, Daria, Piotr Sikorski, Piotr Archiciński, Jarosław Chormański, and Richard J. Hopkins. "You Can’t See the Woods for the Trees: Invasive Acer negundo L. in Urban Riparian Forests Harms Biodiversity and Limits Recreation Activity." Sustainability 11, no. 20 (October 21, 2019): 5838. http://dx.doi.org/10.3390/su11205838.
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Public access to high quality green environments has become a key issue for city managers and a matter of environmental justice. Urban pressures on ecosystem remnants may act to favor the expansion of some invasive species in cities. Whilst the negative impacts of invasive species on ecosystem function is well documented, little is known about how invasive species influence the use of green space by people. Here, we examined one of the few remnants of urban riparian forests in Europe, the Vistula river valley in Warsaw, which has recently become an attractive recreation site. Despite their high ecological value, the poplar and willow forests have been increasingly taken over by the invasive tree species Acer negundo. We examined the status of the invasion process and the relationship between recreational ecosystem services and the characteristics of the tree stands—tree species, tree density, and age and NDVI values. We found the willow forest to be more susceptible to invasion by A. negundo than the poplar forest, which was revealed in significantly higher share of the maple individuals and their greater volume per unit area. Ash-leaved maples also prevailed in numbers in younger stands (<10 years) than in older ones. The presence of A. negundo affected biodiversity, resulting in decreased undergrowth density and biodiversity expressed in number of species. The use intensity by the public, assessed on the basis of soil compaction of existing informal tracks, as revealed by GLM analysis, was related to volume of invasive maple and distance from the main track. This study highlights the need to integrate invasive species management into green infrastructure planning and management.
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Bullard, Robert D. "Environmental Justice in the 21st Century: Race Still Matters." Phylon (1960-) 49, no. 3/4 (2001): 151. http://dx.doi.org/10.2307/3132626.
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Akin Ojelabi, Lola, and Judith Gutman. "Family dispute resolution and access to justice in Australia." International Journal of Law in Context 16, no. 2 (June 2020): 197–215. http://dx.doi.org/10.1017/s1744552320000142.
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AbstractThe context of this paper is the several innovative reforms since the Australian government changed the family-law system more than forty years ago with the enactment of the Family Law Act 1975 (Cth). Whilst no-fault divorce was introduced over four decades ago, the watershed effect of replacing a blaming culture with a collaborative problem-solving approach to family disputing has provided a stepping stone for a progressive pathway to less adversarialism in family conflict. This narrative resonates throughout the family-law system today. It also continues to guide the justice discourse in family matters. This paper focuses on developments in the family-law system canvassing several legislative amendments that demonstrate the use of alternative dispute resolution (ADR) as a means of improving access to justice in relation to family disputes in Australia. It is argued that, in the family-law system, justice and ADR are inextricably linked. In support of this contention, the growth, development and evaluation of family dispute resolution is considered; access to justice issues that arise are highlighted. Finally, it reviews ramifications for the future considering recommendations from the recent inquiry into the family-law system.
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Squintani, Lorenzo, and Jon Rakipi. "Judicial cooperation in environmental matters." Environmental Law Review 20, no. 2 (June 2018): 89–108. http://dx.doi.org/10.1177/1461452918767791.
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The need to ensure a uniform interpretation and effective application of the large corpus of EU environmental regulation in the jurisdictions of the Member States remains a task of pivotal importance for the Court of Justice of the European Union (CJEU). A quick look at the CURIA database reveals that many judgments are handed down every year to clarify the meaning of EU environmental provisions. It is therefore important to study the proper functioning of the tandem composed of the CJEU and the national courts in this field of EU law. In that sense, this article responds to Bogojević’s call ‘to draw a grander map of judicial dialogues initiated across various Member States’. More specifically, the topic investigated by this article is how the United Kingdom (UK) courts have followed up on responses received from the CJEU to their preliminary reference requests in the field of EU environmental law, from the UK’s accession in 1972 until January 2017. All the cases we have retrieved from the UK show various degrees of willingness to cooperate with the CJEU. This article highlights the existence of three trends: full cooperation, fragmented cooperation and presumed cooperation.
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Bailey, Jane, Jacquelyn Burkell, and Graham Reynolds. "ACCESS TO JUSTICE FOR ALL: TOWARDS AN “EXPANSIVE VISION” OF JUSTICE AND TECHNOLOGY." Windsor Yearbook of Access to Justice 31, no. 2 (October 1, 2013): 181. http://dx.doi.org/10.22329/wyaj.v31i2.4419.
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In this paper, the authors examine developments in the Canadian access to justice dialogue from Macdonald’s seminal 2005 analysis to the recent reports of the National Action Committee on Access to Justice in Civil and Family Matters [NAC]. They draw on the NAC’s call for an “expansive vision” of access to justice as the basis for critically evaluating examples of particular technologies used or proposed as responses to the access to justice crisis in Canada. In so doing, they illustrate the importance of conscious consideration of deliverables and beneficiaries in prioritizing technologies for deployment, in determining how the technology ought to be deployed, and in evaluating the potential of a technology to facilitate access to justice. The authors argue that nuanced accounts of the relationships between justice deliverables, technological mechanisms for delivery and intended justice beneficiaries are essential to developing good decision-making mechanisms with respect to access to justice and technology. Dans le présent article, les auteurs examinent l’évolution du dialogue canadien sur l’accès à la justice, depuis l’analyse fondamentale de Macdonald en 2005 jusqu’aux récents rapports du Comité national d’action sur l’accès à la justice en matière civile et familiale (CNA). Ils se fondent sur la « vision élargie » de l’accès à la justice réclamée par le CNA pour évaluer de façon critique les exemples de technologies particulières utilisées ou proposées pour répondre à la crise de l’accès à la justice au Canada. Ce faisant, ils illustrent l’importance d’examiner de façon consciente les livrables et les bénéficiaires pour classer par ordre de priorité les technologies à déployer, pour déterminer comment la technologie devrait être déployée et pour évaluer le potentiel d’une technologie de faciliter l’accès à la justice. Les auteurs soutiennent que des comptes rendus nuancés des rapports entre les livrables en matière de justice, les mécanismes de livraison technologiques et les bénéficiaires prévus sont essentiels pour élaborer de bons mécanismes décisionnels en ce qui concerne l’accès à la justice et la technologie.