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Justice
Outline
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Introduction
Aarhus Convention
Environmental Justice
(Possible) future developments
Introduction
"The serious environmental, social and economic challenges faced
by societies worldwide cannot be addressed by public authorities
alone without the involvement and support of a wide range of
stakeholders, including individual citizens and civil society
organizations.
"Vision and Mission" of the Aarhus Convention Strategic Plan, adopted in 2008
Public
access to
environmen
tal
information
Public
participatio
n in
environmen
tally
relevant
decisionmaking
Access to
Justice in
environmen
tal matters.
AC
Public participation in decision making (Article
Public participation in decisions on specific activities, the
6) particularly with respect to its
mechanisms of public participation,
time, form and scope.
In a separate annex it lists the activities to which public
participation applies. (art. 6(1), Annex).
Energy sector
Production and processing of metals
Mineral and chemical industries
Waste management
Industrial paper and pulp mills
Pipelines, highways and waterways.
Any person who considers that his or her request for information has
been wrongfully refused or inadequately answered should have access
to a review procedure. This review procedure should take place before
a court of law or another independent and impartial body established
by law.
Members of the public affected should have access to a review
procedure before a court of law or another independent and impartial
body established by law to challenge the substantive and procedural
legality of any decisions within the scope of Art. 6. The Convention
grants this right to those members of the public concerned who either
have a sufficient interest or alternatively claim impairment of
a right, where the national administrative procedural law requires
this as a precondition. The legal definitions of sufficient interest and
impairment of a right remains to be determined by each national
law. NGOs active in the area of environmental protection that meet
the preconditions specified by national law are recognized by the
Aarhus Convention as having a sufficient interest .
Members of the public, where they meet the national criteria, shall
have access to administrative or judicial procedures to challenge acts
and omissions by private persons and public authorities which
contravene national law relating to the environment .
The states will ensure that the public is informed on the access to
Environmental Justice
Definitions
An equitable spatial distribution of burdens and benefits to groups
such as racial minorities, residents of economically disadvantaged
areas, or residents of developing nations.USA
AC - effectiveness
PPRTRs although regulating information on pollution, rather than pollution directly, the
Protocol is expected to exert a significant downward pressure on levels of pollution as no
company will want to be identified as among the biggest polluters.