Procedural Environmental Rights

'Procedural Environmental Rights: Principle X in Theory and Practice' 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.
Editor(s):
Jerzy Jendroska, Magdalena Bar
Series:
European Environmental Law Forum
Volume:
4
book | published | 1st edition
February 2018 | xxvi + 502 pp.

Paperback

€85.-

ISBN 9781780686103


E-book

€85.-

ISBN 9781780686998

When purchasing an E-book from Intersentia you get instant access to all available digital formats. These files are available for one year from you personal account.

Available formats: Pdf 


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.

Chapters

Table of contents and preliminary pages (p. 0)

Introduction. Procedural Environmental Rights in Theory and Practice (p. 0)

Procedural Environmental Rights: Status and Developments

Developing Standards for Procedural Environmental Rights through Practice (p. 1)

The Evolution of Participatory Rights in the Era of Fiscal Austerity and Reduced Administrative Burden (p. 19)

Definitions of the Aarhus Convention v. the Proposal for a New Latin America and the Caribbean Instrument (p. 39)

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 (p. 59)

Ilva: An Environmental Case (p. 79)

The Improvement of Article 37 of the EU Charter of Fundamental Rights (p. 97)

Public Participation

The EU and Public Participation in Environmental Decision-Making (p. 119)

Public Participation in Rulemaking and Decision-Making in Environmental Matters (p. 143)

Legal Instruments to Protect Indigenous Peoples' Participation in Europe and in the Arctic Region (p. 159)

Notifying the Public as a Part of the Public Participation Procedure in EU, Polish and Ukrainian Law (p. 171)

Public Participation Rights Enhancement Within the Wind Power Plants Location in Poland in the Context of EU Renewable Energy Requirements (p. 193)

Access to Justice

Access to Environmental Justice in India: Innovation and Change (p. 207)

The Scope of the Review in Environment-Related Disputes in the Light of the Aarhus Convention and EU Law (p. 229)

Impementation of the Aarhus Convention Through Actio Popularis (p. 261)

Procedural Environmental Rights and Nature Protection

Towards a Legally Enforceable Duty to Restore Endangered Species Under EU Nature Conservation Law (p. 285)

Recognition of Rights of Nature, as a Subject of Law, in the International Environmental Law Framework (p. 341)

Strengthening Conservation Through Participation: Procedural Environmental Rights of Local Communities in Transboundary Protected Areas (p. 363)

Procedural Environmental Rights and EIA

Public Participation and EIA in the Multi-Stage Decision-Making Process: The Czech Example (p. 387)

Use of the Bounding Conditions Envelope Concept in the Polish System of Environmental Impact Assessments (p. 409)

Special Provisions on the Issuance of Environmental Decisions in Sectoral Legislation in Poland (p. 425)

Procedural Environmental Rights and Climate Change

(Un)Comfortably Numb: The Role of National Courts for Access to Justice in Climate Matters (p. 435)

Access to Information, the Hidden Human Rights Touch of the Paris Agreement? (p. 465)

Access to Justice in Climate Change Litigation from a Transnational Perspective: Private Party Standing in Recent Climate Cases (p. 481)

About the series:

European Environmental Law Forum

The European Environmental Law Forum is a non-profit initiative of environmental law scholars and practitioners from across Europe aiming to support intellectual exchange on the development and implementation of international, European and national environmental law in Europe.

More about this series

Also interesting for you: