Relevant bibliographies by topics / Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters

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Academic literature on the topic 'Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters'

Author: Grafiati
Published: 4 June 2021
Last updated: 31 July 2024

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Journal articles on the topic "Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters"

1

Drenovak-Ivanovic, Mirjana. "Implementation of the Aarhus Convention in Serbia." European Energy and Environmental Law Review 20, Issue 2 (2011): 58–71. http://dx.doi.org/10.54648/eelr2011005.

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The Aarhus Convention has become a part of the Serbian legal system with 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. The largest share of laws in Serbia which regulate the right to access information, public participation and legal protection in environmental matters was adopted prior to ratification of the Aarhus Convention. However, after the ratification came amendments to certain laws for the sake of accordance with the norms of the Aarhus Convention. This paper analyzes the existing legal provisions in Serbia and the extent thereof on its accordance with the norms of the Aarhus Convention. In addition, the paper points out the relevant practice of administrative authorities and the Commissioner for Information of Public Importance and Personal Data Protection relating to cases of access to environmental information and the right of public participation in environmental decision making as well as major court decisions on right to judicial review.
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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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3

Fitzmaurice, Malgosia. "Public Participation in the North American Agreement on Environmental Cooperation." International and Comparative Law Quarterly 52, no. 2 (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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Vlajnić, Jelena. "Environmental protection in administrative procedure." Trendovi u poslovanju 11, no. 2 (2023): 91–100. http://dx.doi.org/10.5937/trendpos2302091v.

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The subject of this paper is the study of a certain segment of positive environmental law in the Republic of Serbia in the context of administrative legal protection. The leading international instrument in the field of environmental protection is the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). The Aarhus Convention rests on the so-called "pillars", the first two of which represent the availability of environmental information and public participation in decision-making. Therefore, the presentation of the administrative and legal protection of the environment in the Republic of Serbia will be presented from the aspect of these two elements, while in the final part of the paper, the application of some of the mentioned institutes will be considered using an example from practice.
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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 (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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Shornikov, D. "Potential of the Aarhus Convention for the Establishment of an International Legal Mechanosm for the Protection of Lake Baikal." Siberian Law Herald 2022.1 (2022): 127–33. http://dx.doi.org/10.26516/2071-8136.2022.1.127.

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As part of the project to build the concept of international legal protection, Lake Baikal, supported by the Russian Foundation for Basic Research, considered the key provisions of the 1998 United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, the so-called Aarhus Convention, and the Protocol on Pollutant Release and Transfer Registers (PRTRs) 2003, bearing in mind, above all, their potential for developing the mechanism of international legal protection of Lake Baikal. It was analyzed the experience of the Republic of Kazakhstan and the Republic of Belarus in implementing the provisions of these international instruments into national legislation, as well as the creation and development of the Aarhus Centers in these countries of the post-Soviet space. The experience and current position of the Russian Federation on the perception of the provisions and mechanisms of the Aarhus Convention in the national legal system and law enforcement practices are highlighted. The conclusion that the use of conventional mechanisms for access to information, public participation in decision-making and access to justice in environmental matters enshrined in these international instruments to preserve the unique ecosystem of the Lake Baikal World Heritage Site is justified.
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Passarini, Federica. "Legal Standing of Individuals and ngo s in Environmental Matters under Article 9(3) of the Aarhus Convention." Italian Review of International and Comparative Law 3, no. 2 (2023): 283–305. http://dx.doi.org/10.1163/27725650-03020007.

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Abstract Individuals and non-governmental organizations’ access to justice in environmental matters may be hindered by a variety of obstacles, such as the fulfillment of legal standing conditions. In this regard, the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), on its Article 9(3), imposes on each State Party the obligation to ensure members of the public, “where they meet the criteria, if any, laid down in its national law”, to have access to justice in order to challenge any violation of national environmental law. In this contribution, I focus on this provision with the purpose of assessing its normative content regarding the criteria for legal standing. To this end, I analyze the interpretation of Article 9(3) given by the Aarhus Convention Compliance Committee (accc), as well as the relevant case law of domestic courts and the Court of Justice of the European Union (cjeu).
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Mason, Michael. "Information Disclosure and Environmental Rights: The Aarhus Convention." Global Environmental Politics 10, no. 3 (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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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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Books on the topic "Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters"

1

Immel, Inga. Access to European justice for environmental civil society organizations. Peter Lang, 2011.

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2

United Nations. Economic Commission for Europe, ed. Protocol on pollutant release and transfer registers to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. United Nations, 2003.

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Regional Environmental Center for Central and Eastern Europe, ed. The Aarhus Convention: An implementation guide. United Nations, 2014.

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4

Zamfir, Pavel. Ghidul judecătorului în materia aplicării Convenției de la Aarhus. Eco-TIRAS, 2010.

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Antoni, Pigrau i. Solé, ed. Acceso a la Información, participación pública y acceso a la justicia en materia de medio ambiente: Diez años del Convenio de Aarhus. Atelier, 2008.

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6

Pánovics, Attila. Az Aarhusi egyezmény és az Európai Unió. IDResearch Kft., 2015.

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7

Zakharchenko, Tatʹi︠a︡na. On the way to transparency: A comparative study on post-Soviet states and the Aarhus Convention. Woodrow Wilson International Center for Scholars, 2009.

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8

Jovanović, Larisa. Strategijski značaj i primena Arhuske konvencije u Republici Srbiji: Monografija nacionalnog značaja. Naučno stručno društvo za zaštitu životne sredine Srbije "Ecologica", 2014.

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Woodrow Wilson International Center for Scholars, ed. On the way to transparency: A comparative study on post-Soviet states and the Aarhus Convention. Woodrow Wilson International Center for Scholars, 2009.

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10

United Nations. Economic Commission for Europe, ed. Convention on access to information, public participation in decision-making and access to justice in environmental matters =: Convention sur l'accès à l'information, la participation du public au processus décisionnel et l'accès à la justice en matière d'environnement = Konvent︠s︡ii︠a︡ o dostupe k informat︠s︡ii, uchastii obshchestvennosti v prot︠s︡esse prini︠a︡tii︠a︡ resheniĭ i dostupe k pravosudii︠u︡ po voprosam, kasai︠u︡shchimsi︠a︡ okruzhai︠u︡shcheĭ sredy. United Nations, 1999.

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Book chapters on the topic "Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters"

1

Pitea, Cesare. "Procedures and Mechanisms for Review of Compliance under the 1998 Aarhus Convention on Access to Information, Public Participation and Access to Justice in Environmental Matters." In Non-Compliance Procedures and Mechanisms and the Effectiveness of International Environmental Agreements. T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-557-5_14.

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Razzaque, Jona. "Access to Justice in Environmental Matters at EU Member State Level-An Update on the UK." In The Year Book Of European Environmental Law. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199278787.003.0003.

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Abstract Access to justice has been a topic of interest in the European Union (EU) even prior to the United Nations Economic Commission for Europe (UN/ECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention). At the EU level, two separate directives deal with access to information and public participation in decision-making, respectively. The draft EU Directive on Access to Justice in Environmental Matters, which is discussed in this chapter, concentrates on the enforcement of legislation relating to the environment by members of the public. Access to environmental justice facilitates access to law to resolve environmental problems.
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Ryland*, Diane. "VIII.Horizontal Instruments and Miscellaneous Issues." In European Environmental Law. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780199545261.003.0016.

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Abstract :e Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) featured prominently in the survey year 2006. :e Aarhus Convention recognizes, inter alia, that increased public access to environmental information and its dissemination lead to a greater awareness of environmental matters, more effective participation by the public in environmental decision-making and, ultimately, to a better environment. Accordingly, legislation in 2006 set up a European pollutant release and transfer register as a tool for encouraging improvements in environmental
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Ortiz, Maria. "Digital citizens’ participation right in defense of the environment." In Human Rights - From reality to the virtual world. Publisher House WSGE Alcide De Gasperi University of Euroregional Economy ul. Sienkiewicza 4 05-410 Józefów, 2021. http://dx.doi.org/10.13166/wsge/kjyg5035.

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The Aarhus Convention of June 25, 1998, of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters, introduced the commitment of each signing State to ensure, within the framework of its national regulation, that citizens could suit and appeal any decision, or any action or omission that falls within the scope of public participation regarding issues on environmental matters. Hence, citizens are entitled to appeal administratively and judicially against public environmental decisions if they invoke a legal infringement in relation to this issue. Access to justice for violation of the rights of public participation are set out in the same terms on Regulation (EU) number 1367/2006, of September 6, relating to the application, to the institutions and community bodies, of the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice on environmental matters. Although the right of access is quite broad, it is not exempt from exceptions, such as those indicated on the Directive 2003/4/EC of the European Parliament and of the Council, of January 28, on public access to environmental information, which has recently been interpreted by the Court of Justice of the European Union on the Judgement (First Chamber) of January 20, 2021 in the Land Baden-Württemberg case (Communications internes). However, all this is not useful if citizens are not granted with the possibility of accessing to control judicially administrative decisions that do not comply with environmental policies with the same extension, because the opportunity for any citizen to be entitled to effectively control these actions is being excluded. This paper aims to analyze the extent of the right of citizens to participate digitally in public decision-making of an environmental nature, and determine if such right is consistent with the possibilities of access to justice in this matter, since only through judicially control of the administrative decisions it is possible to make the participation right effective.
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Fasoli, Elena. "The UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters." In Multilateral Environmental Treaties. Edward Elgar Publishing, 2017. http://dx.doi.org/10.4337/9781783477210.v.38.

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Meunier-Rubel, Viviane. "Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention)." In Interstitial Law-Making in Public International Law: A Study of Environmental Impact Assessments. Brill | Nijhoff, 2022. http://dx.doi.org/10.1163/9789004467583_012.

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"Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, 25 June 1998." In Documents in International Environmental Law. Cambridge University Press, 2004. http://dx.doi.org/10.1017/cbo9781139171380.066.

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Stec, Stephen. "‘Aarhus Environmental Rights’ in Eastern Europe." In The Year Book Of European Environmental Law. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199278787.003.0001.

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Abstract The Convention on Access to Information, Public Participation in Decision making, and Access to Justice in Environmental Matters (the Aarhus Convention) has been in force since 30 October 2001. Upon entry into force, a disproportionate number of the initial sixteen parties came from the Eastern part of Europe, including accession countries that joined the European Union (EU) in May 2004. Of the current 30 parties, their status <i>vis-a-vis </i>the EU are as follows: six out of fifteen ‘old’ Member States, nine out of ten New Member States, two out of four candidate countries, two out of four pre-accession countries. Other parties include ten out of twelve countries of the Commonwealth of lndependent States, and Norway.
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Richardson, BenjaminJ. "Horizontal Instruments." In The Year Book Of European Environmental Law. Oxford University PressOxford, 2005. http://dx.doi.org/10.1093/oso/9780199278787.003.0015.

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Abstract The EC has long been accused of suffering from a democratic deficit, and its enthusiasm for the Aarhus Convention reflects a desire to shore up its political legitimacy, in addition to the practical benefits of improved environmental policy making. The Convention promotes government accountability, transparency, and responsiveness in environmental decision-making by providing high standards for public involvement in government decision processes. The Aarhus Convention imposes standards for citizenry involvement in environmental matters, and enforcement of environmental law, across three areas: public rights of access to environmental information; public rights to participate in decision-making processes; and access to justice (e.g. courts and tribunals) for the public. The Convention took effect on 31 October 2001, but has not yet been ratified by all EC Member States or the EC itself.
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Váradi, Ágnes. "Sustainability and EU Law : Latest Tendencies in the Field of Public Participation in Environmental Matters." In Pandémia – fenntartható gazdálkodás – környezettudatosság. Soproni Egyetem Kiadó, 2022. http://dx.doi.org/10.35511/978-963-334-411-8_s4_varadi.

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“Environmental issues are best handled with the participation of all concerned citizens, at the relevant level”. The wording of Principle 10 of the Rio Declaration draws the attention to the fact that public participation is a crucial element of ensuring environmental sustainability. The current paper aims to present developments related to two aspects of public participation in environmental matters at the level of EU law: the role of public consultation in environmental decision-making and access to justice in environmental matters. Concerning the first topic, the paper raises the question how public consultations appear in the recent case-law of the Court of Justice of the European Union, how their efficient implementation can be verified. As regards the second topic, the paper covers the new proposal, which aims to widen the possibility of access to justice for non-governmental organizations in environmental matters. Through the combination of the descriptive-analytical and the case-based approach, the findings of the current research can give useful insights into the practical and theoretical questions of public participation in environmental matters at the level of EU-law. At the same time the conclusions can support the more efficient participation of all concerned citizens in environmental matters.
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