The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing

2017 ◽  
Vol 6 (3) ◽  
pp. 509-530 ◽  
Author(s):  
Sean Whittaker
Keyword(s):  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Substantial Impact ◽  
Legal Transplant ◽  
Legal Reforms ◽  
Aarhus Convention ◽  
The Right ◽  
The Impact ◽  
Right Of Access

AbstractThis article analyzes the potential for legal transplant theory to strengthen the legal regimes that guarantee the right of access to environmental information in England and China. Guaranteed by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, the right has a substantial impact on how individuals can act as environmental stewards. However, despite the framework provided by the Aarhus Convention, there are shortcomings in how these states guarantee the right when compared with the obligations set by the provisions of the Convention. The article applies Alan Watson’s legal transplant theory to the environmental information regimes in England and China and considers the likelihood of each jurisdiction sourcing legal reforms from the other. It also seeks to identify common trends shared by each jurisdiction and the impact of the Aarhus Convention on such transplants.

scholarly journals The Right of Access to Environmental Information in the Aarhus Convention Paradigm: Implementation Experience in Some States

2020 ◽  
Vol 4 (91) ◽  
pp. 116-122
Author(s):  
E. D. Makritskaia ◽  
Keyword(s):  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Aarhus Convention ◽  
The Republic ◽  
Types Of Information ◽  
The Right ◽  
The Impact ◽  
Right Of Access ◽  
Implementation Experience

The study analyzed some provisions of the Convention on access to information, public participation in decision-making, and access to justice in environmental matters directly related to the right to access to environmental information (in particular, articles 4 and 5 of the Convention, which regulate directly access to environmental information and the collection and dissemination of environmental information, respectively). The components of this right have been studied and described, as well as the main legal terms relating to the law in the text of the Aarhus Convention, such as “environmental information”, “as short as possible”. The work also analyzed and identified those types of information that, based on the provisions of the Convention, relating to environmental information. The paper provides examples of the impact of the Aarhus Convention on the national legislation of some States, as well as a mechanism for implementing the right of access to environmental information in the Republic of Belarus. Based on the study, general provisions on the right of access to environmental information are described, as well as the fact that the language of the Aarhus Convention is widely used in the legislation of States parties to the convention, and the right of access to environmental information itself is integral and multidimensional.

The Right of Access to Environmental Information

2021 ◽  
Author(s):  
Sean Whittaker
Keyword(s):  
Environmental Information ◽  
Normative Influence ◽  
Legal Transplant ◽  
Legal Reforms ◽  
Aarhus Convention ◽  
The Right ◽  
Right Of Access

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.

Transnational Access to Environmental Information

2012 ◽  
Vol 1 (1) ◽  
pp. 95-104 ◽  
Author(s):  
Ludwig Krämer
Keyword(s):  
Decision Making ◽  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Legal Provisions ◽  
Aarhus Convention ◽  
Clean Environment ◽  
Scope Of Application ◽  
Procedural Rights ◽  
Right Of Access

AbstractThis paper traces back the efforts, in particular in Europe, to promote transnational legal provisions which grant a right of access to environmental information. Initiatives in the 1970s failed to establish a fundamental right to a clean environment. However, the establishment of fundamental procedural rights of access to information, participation in decision-making and access to justice in environmental matters has been more successful – culminating in the 1998 Aarhus Convention. This paper describes the – until now unsuccessful – attempts to extend the territorial scope of application of the Aarhus Convention to non-European countries and regions, and ultimately the conclusion of a global convention on access to environmental information.

scholarly journals The Legal Framework and Barriers to Access to Environmental Information in Ethiopia

2021 ◽  
Vol 15 (1) ◽  
pp. 139-172
Author(s):  
Abdulkader Mohammed Yusuf
Keyword(s):  
Legal Framework ◽  
Vital Role ◽  
Environmental Information ◽  
Access To Information ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Barriers To Access ◽  
Constitutional Right ◽  
The Right ◽  
Right Of Access

Information plays a vital role, both in terms of its importance for a democratic order and as a prerequisite for public participation. Many countries have made provisions for access to information in their respective constitutions. The FDRE Constitution explicitly provides that everyone has the right to seek and receive information. The Freedom of Mass Media and Access to Information Proclamation –which entered into force in 2008– gives effect to this Constitutional guarantee. Moreover, the number of laws on different environmental issues is on the rise, and the same could be said of the multilateral environmental agreements that Ethiopia has ratified. Many of the laws incorporate the right of the public to access environmental information held by public bodies. Despite the existing legal framework, there are still notable barriers to access to environmental information. By analyzing the relevant laws, the aim of this article is to contribute to the dialogue on the constitutional right of access to information with particular emphasis on the legal framework on, and the barriers to, access to environmental information within the meaning of Principle 10 of the Rio Declaration.

scholarly journals Back to Square One: Revisiting How We Analyse the Right of Access to Environmental Information

2019 ◽  
Vol 31 (3) ◽  
pp. 465-485
Author(s):  
Sean Whittaker ◽  
Jonathan Mendel ◽  
Colin T Reid
Keyword(s):  
Environmental Protection ◽  
Environmental Governance ◽  
Negative Impact ◽  
Environmental Information ◽  
Aarhus Convention ◽  
The Common ◽  
The Uk ◽  
The Right ◽  
Right Of Access

Abstract The right of access to environmental information has become a key aspect of contemporary efforts to promote environmental governance in the UK. The right is enshrined in international law through the Aarhus Convention which, alongside other legal developments, has influenced how academics analyse the right in the UK. How research into the right has been conducted is significant because it has led to gaps in how we understand the right and undermines environmental protection efforts. This article identifies and critiques the common analytical trends used to analyse the right of access to environmental information in the UK. The article considers two of these trends, examining their negative impact and the role of the Aarhus Convention in creating these trends. The article concludes by discussing the need to critically engage with these knowledge gaps to improve how the right is guaranteed and, ultimately, the implementation of environmental protection efforts.

scholarly journals PERSONAL SAFETY. PROTECTION OF THE VICTIMS OF CRIME

2020 ◽  
Vol 13 (2) ◽  
pp. 25-32
Author(s):  
Sorina-Alexandra Covalciuc
Keyword(s):  
Access To Justice ◽  
Personal Safety ◽  
Safety Protection ◽  
Victims Of Crime ◽  
The Right ◽  
The Impact ◽  
Right Of Access

The impact of the crime phenomenon on the persons affected by it can be a profound one transposed into physical, mental, emotional and financial injuries, of which some victims can never recover. The actions that make up the criminal act can be harmed on the victims, witnesses or their families, and the most serious of the threats are those against the person's life. The paper focuses, first and foremost, on the measures to be taken to protect the victims of crime, as well as on the means of support offered to the victims so that they can enjoy the right of access to justice in order to cover their harm.

LOS DERECHOS AMBIENTALES DE INFORMACIÓN, PARTICIPACIÓN Y JUSTICIA Y SU RÉGIMEN EN LA COMUNIDAD AUTÓNOMA VASCA

2010 ◽  
pp. 867-904
Author(s):  
JOSÉ ANTONIO RAZQUIN LIZARRAGA
Keyword(s):  
Public Participation ◽  
Basque Country ◽  
Access To Justice ◽  
Access To Information ◽  
Public Authorities ◽  
Environmental Rights ◽  
Aarhus Convention ◽  
The Impact

Los derechos de acceso a la información, participación pública y acceso a la justicia han avanzado con la aplicación del Convenio de Aarhus de 1998 y de las Directivas comunitarias de 2003 por la Ley estatal 27/2006, que ha afectado a su pionera regulación por la Ley vasca 3/1998, General de protección del medio ambiente. Aquí se estudia el régimen jurídico de los derechos ambientales de la ciudadanía en la Comunidad Autónoma Vasca, mostrando los cambios derivados de la nueva normativa y su incidencia en la legislación autonómica, así como su aplicación práctica y los retos pendientes para su cumplimiento real y efectivo. Informazioa eskuratzeko, bizitza publikoan parte hartzeko eta justizia eskuratzeko eskubideek aurrera egin dute 1998ko Aarhus Ituna eta, Estatuaren 27/2006 Legearen bidez, 2003ko Erkidegoko Direktibak aplikatzearen ondorioz, eragina izan baitu Ingurumena Babesteko EAEko 3/1998 Lege Orokor aitzindarian. Euskal Autonomia Erkidegoko herritarren ingurumeneko eskubideen araubide juridikoa ikertzen da, arau berrietatik ondorioztatzen diren aldaketak eta autonomiaren legeetan duten eragina erakutsiz. Araudi horren aplikazio praktikoa eta benetan eta ganoraz betetzeko erronka ere izan dira lanaren xede. The rights of access to information, public participation in decisionmaking and access to justice in environmental matters have improved by the Act 2006/27 approved in application of Aarhus Convention on 1998 and European Directives on 2003, affecting the pioneering regulation in Basque Act 1998/3. This paper studies the system of environmental rights in the Basque Country, showing the changes prompted by the new regulation, the impact in regional legislation and the measures envisaged to implementation. At the end, public authorities must continue working to real and effective fulfilment of environmental rights.

scholarly journals Digital citizens’ participation right in defense of the environment

2021 ◽  
pp. 326-339
Author(s):  
Maria Ortiz
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Access To Justice ◽  
Access To Information ◽  
The European Union ◽  
United Nations Economic Commission ◽  
National Regulation ◽  
Aarhus Convention ◽  
Participation In Decision Making ◽  
The Right

The Aarhus Convention of June 25, 1998, of the United Nations Economic Commission for Europe on access to information, public participation in decision-making and access to justice in environmental matters, introduced the commitment of each signing State to ensure, within the framework of its national regulation, that citizens could suit and appeal any decision, or any action or omission that falls within the scope of public participation regarding issues on environmental matters. Hence, citizens are entitled to appeal administratively and judicially against public environmental decisions if they invoke a legal infringement in relation to this issue. Access to justice for violation of the rights of public participation are set out in the same terms on Regulation (EU) number 1367/2006, of September 6, relating to the application, to the institutions and community bodies, of the provisions of the Aarhus Convention on access to information, public participation in decision-making and access to justice on environmental matters. Although the right of access is quite broad, it is not exempt from exceptions, such as those indicated on the Directive 2003/4/EC of the European Parliament and of the Council, of January 28, on public access to environmental information, which has recently been interpreted by the Court of Justice of the European Union on the Judgement (First Chamber) of January 20, 2021 in the Land Baden-Württemberg case (Communications internes). However, all this is not useful if citizens are not granted with the possibility of accessing to control judicially administrative decisions that do not comply with environmental policies with the same extension, because the opportunity for any citizen to be entitled to effectively control these actions is being excluded. This paper aims to analyze the extent of the right of citizens to participate digitally in public decision-making of an environmental nature, and determine if such right is consistent with the possibilities of access to justice in this matter, since only through judicially control of the administrative decisions it is possible to make the participation right effective.

scholarly journals The Element of ‘Access to Information’ in Arhus Convention and Act Regarding Dissemination and Free Access to Information

2016 ◽  
Vol 9 (2) ◽  
pp. 103
Author(s):  
Seiyed Asghar Sajjadi ◽  
Mohammad Hossein Ramazani Ghavamabadi
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Free Access ◽  
Access To Information ◽  
Public Authorities ◽  
Essential Information ◽  
Aarhus Convention ◽  
The World ◽  
The Right ◽  
Right Of Access

<p>The free access of all people to information is deemed as the requisite and precondition for efficient participation in process of decision-making by public authorities where it has been reflected in many national and international rules and regulations. <br />‘The right of access to information that has been formally recognized in many countries by virtue of criteria in constitution or articles of freedom of information law as a right includes most of the information stored by public authorities and consists of environmental information. The regulations regarding recognition of right of litigation for citizens may also include some regulations that give citizens the right of acquisition of essential information. <br />Before entry in domain of environmental terminology, the concepts of access to information and public participations are assumed as a category in political law that has been reflected in democratic political regimes under title of ‘Rights of nation’ in constitutions of those countries.’<br />Access to information etc has been formally recognized in Article 10 of Rio Declaration on Environment and Development (1992) at international level and it briefly holds: ‘… Anyone shall totally access to the information at disposal of public institutions about environment and … the governments shall facilitate public participation by giving information to the people… and compensation for loss shall be guaranteed.’ <br />Although access to information and other aforesaid issues are not deemed as new elements in Article 10 of Rio Declaration (1992) and they have been typically incorporated in some other international documents several years before 1992, Aarhus Convention (1998) has explored in details of totally triple concepts in Article 10 at regional level and it presents specific mechanism for enforcement of regulations in this convention. <br />UN Economic Commission for Europe … was inaugurated in Aarhus (Denmark) on 25th June 1998 and Aarhus Convention … was approved. Iran Islamic Parliament also ratified Act regarding Dissemination and Free Access to Information on January 25 2009 and it was recognized in compliance with expediency of system. <br />This article examines and compares Aarhus Convention because of it remarkable importance as a model for access to information and its executive mechanism for element of access to information in that convention and Act regarding Dissemination and Free Access to Information so that by means of comparative study on these two documents concerning to element of access to information it can give answer to this proposed question that if Act regarding Dissemination and Free Access to Information may be responsive to public information requirements about the environmental subjects in such a way that to prepare the ground and possibility for public participation in process of environmental decision-making by the public authorities as it reflected in Aarhus Convention. <br />After review and comparison of information in terms of great constraint and banning in presentation of information titled as ‘confidential’ that has been reflected and executed, the size and subject of accessible information may not meet the requirements of community at the age of explosion of information and in the world that has been converted into a small village. On the other hand, only Iranian nationals have right to access this information and discrimination in nationality is another main barrier against public access to information. To remove this inadequacy and defect, the upgraded laws should be enacted through exploitation from regulations and mechanisms of Aarhus Convention as the world pattern. Among them, the confidential (classified) information size may be noticeably reduced and the persons will have right of access to useful information without discrimination in nationality.</p>

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