The Foundations of the Aarhus Convention

The Foundations of the Aarhus Convention
Author: Emily Barritt
Publisher: Bloomsbury Publishing
Total Pages: 341
Release: 2020-10-29
Genre: Law
ISBN: 1509915281

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.

The Foundations of the Aarhus Convention

The Foundations of the Aarhus Convention
Author: Emily Barritt
Publisher: Bloomsbury Publishing
Total Pages: 201
Release: 2020-10-29
Genre: Law
ISBN: 1509915265

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.

The Aarhus Convention

The Aarhus Convention
Author:
Publisher:
Total Pages: 284
Release: 2014
Genre: Law
ISBN:

United Nations publication sales no. E.13.II.E.3"--Page 4 of cover.

The Aarhus Convention

The Aarhus Convention
Author: Duncan Weaver
Publisher: Springer Nature
Total Pages: 209
Release: 2023-10-30
Genre: Political Science
ISBN: 3031435362

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.

The Aarhus Convention

The Aarhus Convention
Author: Charles Banner
Publisher: Bloomsbury Publishing
Total Pages: 378
Release: 2015-05-28
Genre: Law
ISBN: 1782254161

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.

International Environmental Law

International Environmental Law
Author: Pierre-Marie Dupuy
Publisher: Cambridge University Press
Total Pages: 597
Release: 2018-06-07
Genre: Law
ISBN: 1108423604

A concise, clear, and legally rigorous introduction to international environmental law and practice covering the very latest developments.

The Aarhus Convention at Ten

The Aarhus Convention at Ten
Author: Marc Pallemaerts
Publisher: Apollo Books
Total Pages: 472
Release: 2011
Genre: Law
ISBN: 9789089520487

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 --

International Judicial Practice on the Environment

International Judicial Practice on the Environment
Author: Christina Voigt
Publisher: Cambridge University Press
Total Pages: 505
Release: 2019-04-18
Genre: Law
ISBN: 1108497179

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

The Right of Access to Environmental Information

The Right of Access to Environmental Information
Author: Sean Whittaker
Publisher: Cambridge University Press
Total Pages: 253
Release: 2021-11-18
Genre: Law
ISBN: 1108960405

The book discusses the normative impact of the Aarhus Convention on how England, America and China guarantees the right of access to environmental information. Through this analysis the book identifies each of these jurisdictions' unique conceptualisations of the right which, in turn, influences the design of their respective environmental information regimes. This allows these jurisdictions potentially to act as sources of legal reforms for each other to improve how the right is guaranteed via legal transplant theory, challenging the normativity of the Aarhus Convention. This is not to suggest that the Aarhus Convention exerts no normative influence on how the right is guaranteed; there are core substantive and core procedural elements which have to be met for the right to be effectively guaranteed, and the book shows that the Aarhus Convention does exert a normative influence over the procedural elements of the right.

Draft International Covenant on Environment and Development

Draft International Covenant on Environment and Development
Author: International Union for Conservation of Nature and Natural Resources. Commission on Environmental Law
Publisher: IUCN
Total Pages: 226
Release: 2000
Genre: Business & Economics
ISBN: 9782831705248

This is an updated edition of the 1995 version. In the mid-1980's, the IUCN CEL, in consultation with leading experts from around the world, began to respond to a need later identified by Agenda 21: the preparation of an integrated framework for international environmental law.