The Status of the Right to Public Participation in International Environmental Law: An Analysis of the Jurisprudence

Abstract

Rights of access to information, participation in decision making, and access to justice provide opportunities for the public to have a say in decisions affecting their living conditions and to potentially limit the impact of human activities on the environment. Together, they strengthen what is called ‘environmental democracy’ by giving a voice to the people. As a consequence, environmental decisions are not only made at the state level but also involve individuals and communities. As such, when taking decisions that might impact the environment, public authorities have agreed to follow some principles recognized at the international level. Principle 10 of the United Nations (UN) Rio Declaration on Environment and Development (Rio Declaration) describes the three pillars that are considered to form a ‘right to participation’: Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.1