Citizenship Entitlements Beyond Borders? Identifying Mechanisms of Access and Redress for Affected Publics in International Environmental Law

Abstract

I argue that although international law is state centric in nature, there is a growing body of international environmental law that allows at least some input from public actors in implementing key substantive and procedural obligations. The evolution of these environmental entitlements is linked to the global diffusion of democratic norms of civic participation, the appli-cation of the nondiscrimination principle in both public and private inter-national law, and the cosmopolitan reach of human rights claims. It is at the intersection of individual and nongovernmental organization (NGO) rights with interstate obligations that transnational citizenship entitlements are emerging—notably equal opportunities for access and redress for affected publics. I critically survey relevant multilateral environmental agreements to gauge the significance of rule making bestowing entitle-ments on publics affected by transboundary and global environmental harm.