Volume 4 : 1
New Actors in Global Governance and International Human Rights Law
Exploring Approaches to Accommodating Non-State Actors within Traditional International Law
A Unique Non-State Actor: the International Committee of the Red Cross
The Participation of Civil Society in Environmental Matters: the 1998 Aarhus Convention
Human Rights Obligations and Transnational Corporations: The Limits of Direct Corporate Responsibility
Human Rights Obligations and Accountability of Armed Opposition Groups: the Practice of the UN Security Council
Treat Them as They Deserve!? Three Approaches to Armed Opposition Groups under Current International Law
Non-State Actors in Areas of Limited Statehood as Addressees of Public International Law Norms on Governance
Non-State Actors in Exile: Benefits and Disadvantages of Legitimacy Claims
Workplace Equality in International Organisations: Why is It an Illusory Concept?
New Actors in Global Governance and International Human Rights Law
Exploring Approaches to Accommodating Non-State Actors within Traditional International Law
A Unique Non-State Actor: the International Committee of the Red Cross
The Participation of Civil Society in Environmental Matters: the 1998 Aarhus Convention
Human Rights Obligations and Transnational Corporations: The Limits of Direct Corporate Responsibility
Human Rights Obligations and Accountability of Armed Opposition Groups: the Practice of the UN Security Council
Treat Them as They Deserve!? Three Approaches to Armed Opposition Groups under Current International Law
Non-State Actors in Areas of Limited Statehood as Addressees of Public International Law Norms on Governance
Non-State Actors in Exile: Benefits and Disadvantages of Legitimacy Claims
Workplace Equality in International Organisations: Why is It an Illusory Concept?
Year
2010
Volume
4
Number
1
Page
47
Language
English
Court
Reference
M. FITZMAURICE, “The Participation of Civil Society in Environmental Matters: the 1998 Aarhus Convention ”, HRILD 2010, nr. 1, 47-65
Recapitulation
The essay analyses the participation of civil society in environmental matters as set out by the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters. The Aarhus Convention adopted a rights-based approach to environmental protection, i.e. it embodies the procedural human right to environmental protection.The Convention is based on three pillars: the right to environmental information, public participation, and access to environmental justice. Each and every pillar is investigated from the point of view of its effectiveness in environmental protection. The essay notes that it is incontrovertible that at present the two first pillars of the Convention are the most widely implemented. The essay also argues that the effectiveness of the Convention is enhanced by the existence of the Compliance Committee, which is a body investigating breaches of the Convention by States Parties. Civil society has locus standi to bring such breaches to the Committee's attention. Finally, the essay looks at the Environmental Impact Assessment procedures in the context of the right to environmental information and public participation in environmental matters and discusses the difference between this procedure and the one adopted by the Aarhus Convention.