In Name or Nature? Implementing International Environmental Procedural Rights in the Post-Aarhus Environment: A Finnish Example

2007 ◽  
Vol 9 (3) ◽  
pp. 190-200 ◽  
Author(s):  
Stephen Davies
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Access To Justice ◽  
Political Rights ◽  
The Public ◽  
Hard Law ◽  
The Right ◽  
Procedural Rights ◽  
Right Of Access ◽  
National Environmental

Rights-based approaches to environmental protection are on the increase as the public become more aware of both the environment around them and of their other civil and political rights. Whilst methods for combining environmental protection and rights-based regulation still allude to a large conflict of anthropocentric versus ecocentric interests, one approach increasingly stands out as a potential effective solution: ‘procedural rights’. More commonly, this concerns rights to be heard, rights to information, to participation and the right of access to justice. Such perspectives are increasingly finding purchase within international environmental agendas, indeed, several national jurisdictions have progressed from mere principles into more formal ‘hard law’. In order to follow this progression and to assess the influence of international procedural rights in national jurisdictions, this article looks in particular at the environmental law of Finland as an example, and seeks to illustrate the formation of one facet of internationally accepted procedural rights: that of public participation, within national environmental regulation.

scholarly journals GREEN CONSTITUTION INDONESIA (DISKURSUS PARADIGMATIK PEMBANGUNAN BERKELANJUTAN)

2014 ◽  
Vol 3 (2) ◽  
pp. 127
Author(s):  
Lucas Prabowo
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Future Generations ◽  
Environmental Damage ◽  
Severe Damage ◽  
International Environmental Law ◽  
Hard Law ◽  
The Right ◽  
International Conventions ◽  
Good Environment

Efforts to meet the economic needs of humans has resulted in severe damage to the ecosystem. Being aware that there is damage to natural resources and ecosystem are getting worse, various efforts underway to hold international conventions in the field of environmental protection has resulted in agreements, both of which are binding (hard law) and non-binding (soft law). Participating countries adopted the convention rules agrred up on into their legaislation, and even to strengthen the protection and enforcement of laws relating to environmental protection and the right to a good environment for the present dan future generations, environmental norms are then contained in the constitution including the Indonesian constitution, namely the post-UUD 1945 amandement. Keywords: environmental damage, international environmental law damage, intergerational equity, sustainable development, and constitution.

scholarly journals Access to Justice Due to the Covid-19 Pandemic

2020 ◽  
Vol 9 (2) ◽  
pp. 47-64
Author(s):  
Nelli Golubeva ◽  
Illia But ◽  
Pavlo Prokhorov
Keyword(s):  
Public Relations ◽  
Rapid Development ◽  
Comparative Method ◽  
Synthesis Method ◽  
Access To Justice ◽  
Online Technology ◽  
The Public ◽  
The Subject ◽  
The Right ◽  
Right Of Access

The coronavirus pandemic (Covid-19) has caused many challenges to democracy around the world. Under the new conditions, states must implement effective quarantine measures, as well as take decisions that justifiably and least restrict human rights. In this pandemic context of many restrictions, it is important to pay attention to ensuring access to justice and to investigate its level of security. The article aims to analyze the right of access to justice in the context of the Covid-19 pandemic, both in Ukraine and other countries. The subject of the study is the public relations that arise during the exercise of the right of access to justice in the pandemic context. The research methodology includes a scope of methods, the most important of which are the dialectical method, the analysis method, the synthesis method, the comparative method, the induction method, and the deduction method. As a result of the study, an analysis of the right of access to justice in the context of Covid-19 has been made. The main conclusion of this study is that the Covid-19 pandemic has clearly shown that the transition to online technology and other innovations in the judiciary has so far been too slow. On the other hand, in the context of ensuring access to justice the pandemic has become a kind of trigger for the rapid development and implementation of the latest innovative technologies in the field of access to justice.

scholarly journals Oil Exploitation and Constitutional Protection of the Environment in Chad

2019 ◽  
Vol 7 (5) ◽  
Author(s):  
Didegomi Dar
Keyword(s):  
Environmental Protection ◽  
Direct Effect ◽  
Environmental Law ◽  
Fundamental Rights ◽  
Real Problem ◽  
Public Authorities ◽  
The Public ◽  
Constitutional Protection ◽  
Oil Exploitation ◽  
The Right

The study on oil exploitation and constitutional protection of the environment in Chad aims to show that despite the constitutional consideration of fundamental rights to the environment, environmental protection remains problematic. This is because the constitutional texts of protections are often ambiguous, incomplete, scattered and derisory. Also, the fact that environmental law is part of the rights-claims which in general are only addressed to the attention of the public authorities, poses a real problem as to its justiciability. Therefore, the right to the environment does not enjoy the same degree of jurisdictional protection as other rights. As a result, they often have no direct effect. Thus, in the oil exploitation framework, the environmental protection offered by the Chadian constitution, could only be insufficient except recourse to the activation of the ordinary ways of right.

Simoncioni v. Germany

2015 ◽  
Vol 109 (2) ◽  
pp. 400-406
Author(s):  
Riccardo Pavoni
Keyword(s):  
Human Rights ◽  
Crimes Against Humanity ◽  
Access To Justice ◽  
Constitutional Court ◽  
Sovereign Immunity ◽  
International Court Of Justice ◽  
International Court ◽  
Compensation Claims ◽  
The Right ◽  
Right Of Access

With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) (Jurisdictional Immunities or Germany v. Italy) that uphold the rule of sovereign immunity with respect to compensation claims in Italian courts based on grave breaches of human rights, including—in the first place—the commission of war crimes and crimes against humanity. The Court found the legislation to be incompatible with Articles 2 and 24 of the Italian Constitution, which secure the protection of inviolable human rights and the right of access to justice (operative paras. 1, 2).

The Aarhus Convention and Polish Regulations Concerning Parties to Proceedings for Issuing the eia Decisions

2021 ◽  
Vol 18 (1-2) ◽  
pp. 56-76
Author(s):  
Magdalena Michalak ◽  
Przemysław Kledzik
Keyword(s):  
Environmental Law ◽  
Legal Order ◽  
Access To Justice ◽  
United Nations Economic Commission ◽  
The Public ◽  
Law And Policy ◽  
Economic Commission ◽  
Aarhus Convention ◽  
Key Issues ◽  
Environmental Law And Policy

Abstract The United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. According to its provisions each state Part shall, within the framework of the national legal order, ensure that members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law. At the same time, it contains regulations specifying the criteria that constitute the basis for determining persons enjoying rights to access justice with respect to national legal orders. Poland, being one of the state Parties, introduced into national legal order special provisions enabling implementation of the Aarhus Convention, including regulations concerning parties to proceedings in environmental matters. The aim of the study is to analyse and assess these regulations in the light of the requirements adopted in the Aarhus Convention and to formulate general conclusions in the field of key issues of the international and European environmental law and policy.

Policing the Police: Independent Investigation for Victoria

2018 ◽  
Vol 41 (3) ◽  
Keyword(s):  
Police Officers ◽  
Political Rights ◽  
State Party ◽  
The Public ◽  
Independent Investigation ◽  
The World ◽  
Civil And Political Rights ◽  
Effective Remedy ◽  
The Right

In Victoria, complaints against the police made by members of the public are predominantly investigated and determined by serving police officers. Such police-dominated complaints mechanisms are widely considered to be ineffective, and are being increasingly abandoned the world over. With reference to the obligations imposed by the International Covenant on Civil and Political Rights, this article critically examines Victoria’s police-dominated complaints mechanism and argues that it violates the right to an effective remedy contained in article 2 paragraph 3 of the Covenant. As a constituent state of a state party to the Covenant, Victoria is obliged to give effect to the Covenant’s obligations, and so must create an independent police complaints mechanism tasked with investigating complaints made against the police involving allegations of breaches of the Covenant’s protected rights.

The Right to Anonymity in Political Activities

2013 ◽  
pp. 202-220
Author(s):  
Knut Fournier
Keyword(s):  
The United States ◽  
Political Rights ◽  
Right To Privacy ◽  
Political Activities ◽  
Political Consequences ◽  
The Public ◽  
The Right To Privacy ◽  
Recent Developments ◽  
The Right ◽  
Political Value

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.

Sign in / Sign up

Export Citation Format

Share Document