Procedural Environmental Rights: Principle X in Theory and Practice

Environmental / Energy Law

Procedural Environmental Rights: Principle X in Theory and Practice

Edited by Jerzy Jendroska · Magdalena Bar
Intersentia Publishers December 2017

Specifications

ISBN-13
9781780686103
Publisher
Intersentia Publishers
Publication
December 2017
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book is the fourth volume in the European Environmental Law Forum (EELF) book series. The Fourth EELF Conference dedicated to Procedural Environmental Rights of the public was organised in Wrocław from 14 to 16 September 2016 by the Faculty of Law of the University of Wrocław in co-operation with the Environmental Law Center, Wrocław, the law firm Jendrośka Jerzmański Bar & Partners and the Faculty of Law of the University of Opole.

Procedural Environmental Rights: Principle X in Theory and Practice is not a random collection of papers presented at the conference but rather a monograph presenting in a structured manner some of the topical issues related to this subject. It provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration.

The book goes far beyond presenting merely the issues related to environmental procedural rights in Europe - it brings together the expertise of worldwide legal scholars, representing a wide range of legal cultures, to discuss the adoption and implementation of procedural environmental rights in different jurisdictions and under various legal instruments. Furthermore, it provides insight into the various aspects of procedural environmental rights ranging from theoretical issues of global application to practical problems at local level.

Table of Contents

Introduction. Procedural Environmental Rights in Theory and Practice

Procedural Environmental Rights: Status and Developments
Developing Standards for Procedural Environmental Rights through Practice
The Evolution of Participatory Rights in the Era of Fiscal Austerity and Reduced Administrative Burden
Definitions of the Aarhus Convention v. the Proposal for a New Latin America and the Caribbean Instrument

Procedural Environmental Rights in Practice
Procedural Environmental Rights in the Jurisprudence of the European Court of Human Rights and Their Impact on Criminal Procedural Law
Ilva: An Environmental Case
The Improvement of Article 37 of the EU Charter of Fundamental Rights

Public Participation
The EU and Public Participation in Environmental Decision-Making
Public Participation in Rulemaking and Decision-Making in Environmental Matters
Legal Instruments to Protect Indigenous Peoples' Participation in Europe and in the Arctic Region
Notifying the Public as a Part of the Public Participation Procedure in EU, Polish and Ukrainian Law
Public Participation Rights Enhancement Within the Wind Power Plants Location in Poland in the Context of EU Renewable Energy Requirements

Access to Justice
Access to Environmental Justice in India: Innovation and Change
The Scope of the Review in Environment-Related Disputes in the Light of the Aarhus Convention and EU Law
Impementation of the Aarhus Convention Through Actio Popularis

Procedural Environmental Rights and Nature Protection
Towards a Legally Enforceable Duty to Restore Endangered Species Under EU Nature Conservation Law
Recognition of Rights of Nature, as a Subject of Law, in the International Environmental Law Framework
Strengthening Conservation Through Participation: Procedural Environmental Rights of Local Communities in Transboundary Protected Areas

Procedural Environmental Rights and EIA
Public Participation and EIA in the Multi-Stage Decision-Making Process: The Czech Example
Use of the Bounding Conditions Envelope Concept in the Polish System of Environmental Impact Assessments
Special Provisions on the Issuance of Environmental Decisions in Sectoral Legislation in Poland
Procedural Environmental Rights and Climate Change
(Un)Comfortably Numb: The Role of National Courts for Access to Justice in Climate Matters
Access to Information, the Hidden Human Rights Touch of the Paris Agreement?
Access to Justice in Climate Change Litigation from a Transnational Perspective: Private Party Standing in Recent Climate Cases
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