Maastricht Recommendations On Promoting Effective Public Participation In Decision Making In Environmental Matters Prepared Under The Aarhus Convention

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.

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.

This book explores the human rights principle of participation and the human right to participation. The work presents an argument that international human rights law imposes obligations to enable participation, and demonstrates that it has been interpreted in this way by authoritative bodies. Divided into four parts, Part I provides the historical and theoretical background. Part II presents the argument that a right to participation and a human rights principle of participation exist in international law and Part III argues that human rights law, and the way it has been interpreted, can provide a coherent account of the content of such a right and principle. The conclusions of the book and their implications are explored in Part IV. While there have been several studies of specific forms of participation, such as collective bargaining, this study provides a coherent account of the meaning and application of participation in international human rights law as a whole. The book will be an invaluable resource for academics, researchers, and policy-makers working in the area of international human rights law.

This timely book brings to the foreground the considerable tensions between the need to engage the public in the importance of environmental governance and the need of professional expertise to address the issues which arise. In doing so, it highlights that not only can public opinion deviate from scientific knowledge, but scientific knowledge itself can be lacunose or contradicting. Drawing together insights from some of the leading scholars, this engaging work will provide guidance to decision makers, including judges, on how to govern public participation procedures and professional expertise and the role that the precautionary principle can play in this regard.

A comprehensive and systematic guide to environmental rights and their relationship with standards of protection globally, nationally and locally.

The 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) to assist Parties when designing their legal framework on public participation in environmental decision-making; b) to assist public officials on a day-to-day basis when designing and carrying out public participation procedures on environmental decision-making under the Convention, and c) to provide an invaluable tool through which to share expertise and good practice so as to promote early, timely and effective opportunities for such participation. They may also be of value to members of the public, including NGOs and the private sector.

Can—and should—participation be a means of achieving sustainability? The concepts of sustainability and participation are both in vogue, and many international, supranational and national legal texts and standards refer to these two concepts. However, there are still several unanswered questions that invite legal inquiry: which sustainability? Which kinds of participation? Participation by whom? How are the two concepts of sustainability and participation effectively interlinked in legal provisions? This book approaches the interconnection between sustainability and participation inductively and precisely in areas of law which are commonly associated with sustainability and sustainable development: national, European and international environmental and economic law.

This volume examines the impact of globalization on international environmental law and the implementation of sustainable development in the Global South. Comprising contributions from lawyers from the Global South or who have experience in the Global South, this volume is organized into three parts, with a thematic inquiry woven through every chapter to ask how law can enable economies that can be sustained, given the limited carrying capacity of the earth. Part I describes and characterizes the status quo of environmental and economic problems in the Global South during the process of globalization. Some of those problems include redistribution of environmental burden on the public through over-reliance on the state in emerging economies and the transition to public-private partnerships, as well as extreme uncontrolled economic expansion. Building on Part I, Part II takes an international perspective by presenting some tools that are in place during the process of globalization that lead to friction and interfaces between developed and developing economies in environmental law. Recognizing the impossibility of a globalized Northern economy, the authors in Part III present some alternatives through framework ideas of human and civil rights, environmental rights, and indigenous persons’ rights, as well as concrete and specific legal tools to strengthen justice and rule of law institutions. The book gives new perspectives to familiar approaches through concrete examples by professional practitioners and theoretical discourse by academic researchers, and can thereby form the basis for changes in practices, as well as further discussions and comparisons. This book will be of great interest to students and scholars of environmental law, sustainable development, and globalization and international relations, as well as legal professionals and practitioners.