Law And Practice On Public Participation In Environmental Matters

Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.

In spite of the expanding role of public participation in environmental decisionmaking, there has been little systematic examination of whether it has, to date, contributed toward better environmental management. Neither have there been extensive empirical studies to examine how participation processes can be made more effective. Democracy in Practice brings together, for the first time, the collected experience of 30 years of public involvement in environmental decisionmaking. Using data from 239 cases, the authors evaluate the success of public participation and the contextual and procedural factors that lead to it. Thomas Beierle and Jerry Cayford demonstrate that public participation has not only improved environmental policy, but it has also played an important educational role and has helped resolve the conflict and mistrust that often plague environmental issues. Among the authors' findings are that intensive 'problem-solving' processes are most effective for achieving a broad set of social goals, and participant motivation and agency responsiveness are key factors for success. Democracy in Practice will be useful for a broad range of interests. For researchers, it assembles the most comprehensive data set on the practice of public participation, and presents a systematic typology and evaluation framework. For policymakers, political leaders, and citizens, it provides concrete advice about what to expect from public participation, and how it can be made more effective. Democracy in Practice concludes with a systematic guide for use by government agencies in their efforts to design successful public participation efforts.

These recommendations are based on existing good practice and are intended as a practical tool to provide helpful guidance and to improve the implementation of the provisions of the Aarhus Convention in decision-making to: a) assist Parties when designing their legal framework on public participation in environmental decision-making; b) assist public officials when designing and carrying out public participation procedures on environmental decision-making under the Convention, and c) provide an invaluable tool through which to share expertise and good practice so as to promote participation. The Recommendations may also be of value to public, NGOs and the private sector involved in environmental matters.

Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions. Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved. This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public.

These recommendations are based on existing good practice and are intended as a practical tool to provide helpful guidance and to improve the implementation of the provisions of the Aarhus Convention in decision-making to: a) assist Parties when designing their legal framework on public participation in environmental decision-making; b) assist public officials when designing and carrying out public participation procedures on environmental decision-making under the Convention, and c) provide an invaluable tool through which to share expertise and good practice so as to promote participation. The Recommendations may also be of value to public, NGOs and the private sector involved in environmental matters.

Public participation has become a recurring theme and a topical issue in the field of international environmental law, with many multilateral environmental instruments calling on states to guarantee effectively the concept in their laws and practices. This book focuses on public participation in environmental governance, in terms of public access to environmental information and public participation in environmental decision-making processes. Drawing on the body of international best practice principles in environmental law and taking a comparative stance, Uzuazo Etemire takes Nigeria as a key case, evaluating its procedural laws and practices in relation to public access to information and participation in decision-making in environmental matters. In working to clarify and deepen understanding of the current status of environmental public participation rights in Nigeria, the book addresses key issues in environmental governance for developing and transitional countries and the potential for public participation to improve the state of the environment and public wellbeing. This book will be of great interest to undergraduate students (as further reading) and post-graduate students, academics, researchers, relevant government agencies and departments, policy-makers and NGOs in the fields of international environmental law, environmental justice, environmental/natural resource management, development studies and international finance.

Written by leading scholars and experts with extensive practice and teaching experience in the field, Comparative and Global Environmental Law and Policy offers a student-friendly approach to the study of a rapidly evolving and important area of law. Its multi-jurisdictional selection of judicial opinions and legal materials introduces students to the worldwide reach of environmental law. Through its substance, the book familiarizes students not only with governing and emerging legal principles but also demonstrates how legal norms are applied to specific issues and contexts, illustrating how law-on-the-books becomes law-in-action. Student understanding is reinforced by problem exercises and discussion questions. Professors and students will benefit from: A multi-jurisdictional selection of environmental law cases and regulatory materials from across the world, with many cases from the developing world and emerging economies. Separate chapters on rapidly evolving and critical topics such as rights of nature, sustainability, corporations and private environmental governance, human rights and the environment, and climate change. Presentation of basic background principles of environmental law, institutions, and governance and their operation in international, national and subnational systems, including indigenous governance systems. Emphasis across the book on issues of institutions and governance as well as enforcement and effectiveness. Judicial opinions providing an authoritative articulation of how legal principles are applied in various systems. Numerous problem exercises and discussion questions to introduce topics and reinforce concepts and materials. Integrated perspective on the relationship of international and transnational environmental law, national environmental law, environmental norms and principles in other settings such as in private environmental governance, and governance institutions.