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Author: Marc Pallemaerts Publisher: Apollo Books ISBN: 9789089520487 Category : Law Languages : en Pages : 472
Book Description
On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --
Author: Marc Pallemaerts Publisher: Apollo Books ISBN: 9789089520487 Category : Law Languages : en Pages : 472
Book Description
On 30 October 2011, it will be exactly ten years ago that the Convention on Access to information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed by representative of 35 States and the European Community at a pan-European ministerial conference in the Danish city of Aarhus in 1998, entered into force. This multilateral treaty, negotiated under the auspices of the UN Economic Commission for Europe, represents the most comprehensive and ambitious effort to establish international legal standards in the field of citizens' environmental rights to date. Though some of these standards were inspired by earlier EU environmental legislation, many provisions of the Aarhus Convention went beyond the rights already guaranteed by the EU and compelled the European Commission to propose new legislature acts, most of which were adopted between 2003 and 2006, to bring EU environmental law up to the Convention's standards. Since its adoption over a --
Author: Christina Voigt Publisher: Cambridge University Press ISBN: 1108497179 Category : Law Languages : en Pages : 505
Book Description
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Author: Duncan Weaver Publisher: Springer Nature ISBN: 3031435362 Category : Political Science Languages : en Pages : 209
Book Description
The Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters has been celebrated as a pioneering international environmental agreement. Given that a quarter-century has passed since Aarhus was opened for signature, now is an opportune moment to revisit it from a fresh perspective. Marking this anniversary, this book explores Aarhus from the vista of the English School of International Relations, an ethically-minded perspective used to gauge the prevalence of state-oriented and human-oriented progress from the Convention's rationales and realities. It firstly considers Aarhus' propagation, investigating the legal, diplomatic and geopolitical contexts enabling its emergence. It secondly investigates Aarhus' germination, with reference to its trinity of procedural rights. Thirdly, the book examines the Convention's growth, in terms of the development of its organisational infrastructure. The chief finding is that Aarhus demonstrates, in environmental contexts, the feasibility and benefit of fostering 'humankind' solidarist progress, rooted in moral cosmopolitanism, within the existing power arrangements of a sovereignty-based pluralism. Pluralist concerns for diversity and international order are found to be a precondition for more ethically ambitious solidarist endeavours. These observations reinforce the logic of solidarisation, an English School innovation that presents sovereignty as (a) being ethically matured by solidarism whilst (b) delimiting solidarism within the threshold of states' tolerance.
Author: Emily Barritt Publisher: Bloomsbury Publishing ISBN: 1509915265 Category : Law Languages : en Pages : 200
Book Description
This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions.
Author: Stephen J. Turner Publisher: Cambridge University Press ISBN: 1108482244 Category : Business & Economics Languages : en Pages : 455
Book Description
A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.
Author: Charles Banner Publisher: Bloomsbury Publishing ISBN: 1782254161 Category : Law Languages : en Pages : 378
Book Description
The UNECE Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters – known ubiquitously as the Aarhus Convention – is having an ever-increasing influence on domestic and EU environmental law and procedure. Recent years have seen a steady flow of case law from the UK courts, the Court of Justice of the European Union (CJEU) and the Aarhus Convention Compliance Committee, a raft of civil procedure reforms in response to concerns about whether the costs rules in domestic environmental litigation are compatible with the Convention and an infraction by the European Commission against the UK alleging various systemic breaches. Even the EU itself has been the subject of a ruling by the Compliance Committee that the CJEU's rules on standing for judicial review of EU legislation are too narrow to comply with the Convention. This book, written by several of the leading experts in the field, provides a comprehensive guide to the implementation of the Convention in each of the UK's jurisdictions, the three pillars of the Convention (access to information, public participation and access to justice) and the mechanisms by which the rights under the Convention can be enforced.
Author: Rachael Lorna Johnstone Publisher: Routledge ISBN: 0429594712 Category : Law Languages : en Pages : 223
Book Description
This book intends to inform the key participants in extractive projects – namely, the communities, the host governments and the investors – about good practice for effective community engagement, based on analysis of international standards and expectations, lessons from selected case-studies and innovations in public participation. The extent of extractive industries varies widely around the Arctic as do governmental and social attitudes towards resource development. Whilst most Arctic communities are united in seeking investment to fund education, healthcare, housing, transport and other essential services, as well as wanting to benefit from improved employment and business opportunities, they have different views as to the role that extractive industries should play in this. Within each community, there are multiple perspectives and the goal of public participation is to draw out these perspectives and seek consensus. Part I of the book analyses the international standards that have emerged in recent years regarding public participation, in particular, in respect of indigenous peoples. Part II presents six case studies that aim to identify both good and bad practices and to reflect upon the distinct conditions, needs, expectations, strategies and results for each community examined. Part III explores the importance of meaningful participation from a corporate perspective and identifies some common themes that require consideration if Arctic voices are to shape extractive industries in Arctic communities. In drawing together international law and standards, case studies and examples of good practice, this anthology is a timely and invaluable resource for academics, legal advisors and those working in resource development and public policy.
Author: David R. Boyd Publisher: UBC Press ISBN: 0774821639 Category : Law Languages : en Pages : 470
Book Description
The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author: Jorge E. Viñuales Publisher: OUP Oxford ISBN: 0191510424 Category : Law Languages : en Pages : 831
Book Description
The international community has long grappled with the issue of safeguarding the environment and encouraging sustainable development, often with little result. The 1992 Rio Declaration on Environment and Development was an emphatic attempt to address this issue, setting down 27 key principles for the international community to follow. These principles define the rights of people to sustainable development, and the responsibilities of states to safeguard the common environment. The Rio Declaration established that long term economic progress required a connection to environmental protection. It was designed as an authoritative and comprehensive statement of the principles of sustainable development law, an instrument to take stock of the past international and domestic practice, a guide for the design of new multilateral environmental regimes, and as a reference for litigation. This commentary provides an authoritative and comprehensive overview of the principles of the Declaration, written by over thirty inter-disciplinary contributors, including both leading practitioners and academics. Each principle is analysed in light of its origins and rationale. The book investigates each principle's travaux préparatoires setting out the main points of controversy and the position of different countries or groups. It analyses the scope and dimensions of each principle, providing an in-depth understanding of its legal effects, including whether it can be relied before a domestic or international court. It also assesses the impact of the principles on subsequent soft law and treaty development, as well as domestic and international jurisprudence. The authors demonstrate the ways in which the principles interact with each other, and finally provide a detailed analysis of the shortcomings and future potential of each principle. This book will be of vital importance to practitioners, scholars, and students of international environomental law and sustainable development.
Author: Marc Pallemaerts
Author: Marc Pallemaerts
Author: 
Author: Christina Voigt
Author: Duncan Weaver
Author: Emily Barritt
Author: Stephen J. Turner
Author: Charles Banner
Author: Rachael Lorna Johnstone
Author: David R. Boyd
Author: Jorge E. Viñuales