The Aarhus Convention At Ten

Author: Marc Pallemaerts
Publisher: Apollo Books
ISBN: 9089520481
Size: 18.86 MB
Format: PDF, Kindle
View: 94

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 decade ago, the Aarhus Convention, which now has 44 Contracting Parties in Europe, Central Asia and the Caucasus region, has had a considerable impact on national systems of environmental law and administrative practices in many countries of Europe and beyond, as well as the law and institutions of the European Union and even in other international organisations and fora. The contributions assembled in this book focus on various aspects of the relationship between the provisions of the Convention and the development of EU environmental law. They discuss the new legislative acts and amendments to existing legislation adopted by the EU institutions since 2003 in order to implement the Aarhus Convention, on such matters as access to envinonmental information and public participation as well as access to justice in respect of environmental impact assessment, strategic environmental assessment and integrated pollution prevention and control EU Member States. The relevant legislation also includes a regulation organising the application of the procedural rights guaranteed by the Aarhus Convention at the level of EU institutions and bodies. Other contributions address tensions that have arisen between normative developments within the framework of the Aarhus Convention and the internal legislation and policies of the EU. These concern contentious issues such as general access to justice in environmental matter-for which the Commission unsuccessfully proposed legislation to guarantee a minimum level of access to review precedures for environmental groups in the Member States-and judicial review by EU courts of acts and omissions of EU institutions. Another area of tension discussed in this volume concerns public participation in product-related regulatory decisions with respect to genetically modified organisms and chemicals. Together, the various contributions to this volume address synergies and conflicts across the three 'pillars' of the Aarhus Convention and examine the broader legal and institutional implications of these interactions for the development of both EU law and international environmental law.

The Environmental Rights Revolution

Author: David R. Boyd
Publisher: UBC Press
ISBN: 9780774821636
Size: 14.74 MB
Format: PDF, Docs
View: 63

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.

Environmental Protection And Human Rights

Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 9781139498524
Size: 17.81 MB
Format: PDF, ePub, Mobi
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With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Debating The Democratic Legitimacy Of The European Union

Author: Beate Kohler-Koch
Publisher: Rowman & Littlefield
ISBN: 0742554929
Size: 11.89 MB
Format: PDF, Kindle
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The discussion about a constitution for the European Union and its rejection by referendum in two of the EU founding member states has once again spurred public and scholarly interest in the democratic quality and potential of the European Union. Debating the Democratic Legitimacy of the European Union brings together distinguished thinkers from law, political science, sociology, and political philosophy to explore the potential for democratically legitimate governance in the European Union. Drawing on different theoretical perspectives and strands from democratic theory, this volume is the first of its kind to overcome the present state of fragmentation in the debate about the conditions and possible remedies for what is often called the "democratic deficit" of the European Union. Among the pressing questions addressed by the contributors are: What future is there for parliamentary democracy in the European Union? Can we observe the evolution of a European public sphere and civil society? Can participatory democracy or deliberative democracy pave the road for a democratically legitimate European Union? Conversations about democracy have engaged the public in a new way since the beginning of the Iraq war, and this volume is the best resource for students and readers who are interested in democracy in the European Union. Contributions by: Rudy B. Andeweg, Katrin Auel, Arthur Benz, Lars-Erik Cederman, Damian Chalmers, Deirdre Curtin, Donatella Della Porta, Klaus Eder, Erik O. Eriksen, Ulrich Haltern, Hubert Heinelt, Doug Imig, Christian Joerges, Beate Kohler-Koch, Christopher Lord, Paul Magnette, Andreas Maurer, Jeremy Richardson, Berthold Rittberger, Rainer Schmalz-Bruns, Michael Th. Greven, Hans-Jorg Trenz, and Armin von Bogdandy"

Routledge Handbook Of International Environmental Law

Author: Shawkat Alam
Publisher: Routledge
ISBN: 9780415687171
Size: 15.26 MB
Format: PDF, Mobi
View: 32

The Routledge Handbook of International Environmental Law is an advanced level reference guide which provides a comprehensive and contemporary overview of the corpus of international environmental law (IEL). The Handbook features specially commissioned papers by leading experts in the field of international environmental law, drawn from a range of both developed and developing countries in order to put forward a truly global approach to the subject. Furthermore, it addresses emerging and cross-cutting issues of critical importance for the years ahead. The book is split into six parts for ease of reference: The Legal Framework, Theories and Principles of International Environmental Law - focuses on the origins, theory, principles and development of the discipline; Implementing International Environmental Law - addresses the implementation of IEL and the role of various actors and institutions, including corporations, intergovernmental organisations and NGOs; Key Issues and Legal Frameworks - brings fresh perspectives of the common general issues of international environmental law, such as biological diversity and marine environmental law; Regional Environmental Law - explores the specific regimes developed to address regional environmental issues, considering the evolution, prospects and relationship of regional law and mechanisms to IEL; Cross-Cutting Issues - considers the engagement of international environmental law with other key fields and legal regimes, including international trade, human rights and armed conflict; Contemporary and Future Challenges - analyses pressing current and emerging issues in the field including environmental refugees and climate change, REDD and deforestation, and 'treaty congestion' in IEL. This up-to-date and authoritative book makes it an essential reference work for students, scholars and practitioners working in the field.