Judicial perspectives from the European Union for Public Participation in Environmental Matters in East Asia |
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| Institution: | 1. University of Vienna, Department of Botany and Biodiversity Research, Faculty of Life Sciences, Rennweg 14, 1030 Vienna, Austria;2. United Nations University Institute for the Advanced Study of Sustainability (UNU-IAS), Tokyo, Japan;3. PRIMAFF – Policy Research Institute of the Ministry of Agriculture, Forestry and Fishery, Tokyo, Japan;4. Centre de Droit International, Université libre de Bruxelles (ULB), Avenue F.D. Roosevelt 50, B-1050 Brussels, Belgium;1. VTI (Swedish National Road and Transport Research Institute), MAP Unit, SE-581 95 Linköping, Sweden;2. Lund University, Department of Human Geography, SE-223 62 Lund, Sweden;3. VTI (Swedish National Road and Transport Research Institute), MAP Unit, Box 55685, SE-102 15 Stockholm, Sweden;4. Linköping University, CSPR (Centre for Climate Science and Policy Research), SE-581 83 Linköping, Sweden;1. Imperial College London, United Kingdom;2. Imperial College London and the Department of Zoology, University of Oxford, United Kingdom;1. Lyndon B. Johnson School of Public Affairs, University of Texas at Austin, United States;2. C.B. Smith Sr. Centennial Chair of US–Mexico Relations #1, Department of Sociology, Lyndon B. Johnson School of Public Affairs University of Texas at Austin, United States;1. Centre of West African Studies, Department of African Studies & Anthropology, School of History and Cultures, University of Birmingham, UK;2. Centre for Development Studies, Department of Social and Policy Sciences,University of Bath, UK;1. Institute of Biological and Health Sciences, Federal University of Alagoas, Av. Lourival Melo Mota, s/n, Tabuleiro do Martins, Maceió, AL 57072-900, Brazil;2. School of Geography and the Environment, University of Oxford, South Parks Road, Oxford, OX1 7PS, UK |
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| Abstract: | This paper aims to provide judicial perspectives for Public Participation in Environmental Matters in East Asia based on the example of the European Union (EU). This is done both by means of an in-depth literature review which covers research papers, legislative documents and court decisions, and by means of a comparative analysis of court cases. The focus is on the implementation by the EU of the United Nations Economic Commission for Europe (UNECE) Aarhus Convention, which applies and details Principle 10 of the Rio Declaration. The assessment starts by providing an overview of several legislative documents issued by the EU for different policy sectors and briefly describes the contents regarding the implementation of the Aarhus Convention. Based thereon, the case law of the Court of Justice of the European Union is analysed. Seventeen judgements enforcing the Aarhus Convention for the EU level are described and their significance to a regional integration process is outlined. This provides valuable information to a region such as East Asia which plans to enter soon into a stronger regional integration process and which has the clear potential for improvement toward increased Public Participation in Environmental Matters based on the globally applicable Principle 10 of the Rio Declaration. |
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| Keywords: | Environmental litigation Citizen Public service Regional agreement Regulation Binding approach |
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