Participation In Environmental Decision-making Research Articles

Access to environmental information in Sweden in the context of principles of good administration

Purpose This paper aims to examine how Sweden, as a member state of the European Union (EU), has implemented the EU Directive on Public Access to Environmental Information (AEI directive) in the context of the principles of good administration. Design/methodology/approach This paper adopts the EU law methodology, as this paper mainly examines the implementation of the EU AEI directive by the member states and, as an EU member state, how Sweden used procedural autonomy to implement the EU directive at the national level. The EU law methodology further guides how national laws are to be interpreted considering obligations under the EU law. This paper further applies a comparative review to determine the differences in the approaches used by the AEI directive and relevant Swedish national laws to facilitate access to environmental information. Findings Despite Sweden used a minimalist approach rather than maximal harmonization while implementing the AEI directive at the national level, the Swedish model of the accessibility and availability of environmental information is fully compliant with the principles of good administration. The Swedish approach has an enormous effect on promoting access to environmental information as an integral part of good governance and fundamental rights. Research limitations/implications It was not possible to perform a comparative review of court cases on relevant issues from different EU member states. Practical implications Access to environmental information could be a tool for environmental democracy and sustainable development. Social implications Access to environmental information could contribute to more public engagement and participation in environmental decision making and hence could make developmental projects more inclusive to meet societal objectives. Originality/value This study makes a unique contribution by evaluating access to environmental information in the context of the principles of good administration under EU law.

Environmental (in)justice and the post-political

Food production plays a crucial role for challenging the escalating environmental breakdown. It is also a fertile ground for analysing environmental (in)justice and its components of recognition and participation in environmental decision-making. Scholars of environmental justice have paid limited attention to the post-political and its implications for the ability to challenge the ecologically destructive status quo. This article innovatively combines environmental justice perspective with the literature on the post-political condition, using the case study of pig farming intensification in rural Northern Ireland. Northern Ireland has been driving policy to encourage growth and intensify its meat production, resulting in a sharp rise of intensive farms. The resulting pollution have and continue generating environmental justice concerns. Using qualitative data from a 2-month fieldwork in November-December 2018, the article shows that local community’s ideas around how farming should be organised were not recognised. Their participation in environmental decision-making was also reduced to an empty ritual; formal inclusion did not translate into a genuine impact on the decision-making outcome. In the post-political landscape, environmental justice concerns become harder to address; environmental decision-making becomes a means of serving the operations of capitalism, stifling disputes around the neoliberal growth agenda, and precluding possibilities for a meaningful change of the ecologically destructive status quo.

Community empowerment efforts in improving environmental health

Community empowerment efforts are a crucial strategy in improving environmental health in the midst of global challenges such as pollution, climate change, and ecosystem damage. Methods such as education, training, active participation, and collaboration between related parties, communities can gain the knowledge, skills, and awareness needed to maintain a healthy environment. The results of these empowerment activities include increased community participation in environmental decision-making, behavior change towards sustainable practices, development of environmentally friendly communities, and broader collaboration in solving environmental problems. In conclusion, community empowerment efforts not only provide benefits in improving environmental health, but also strengthen community capacity in contributing to overall sustainable development. Synergy between various parties is the key to achieving significant and sustainable changes in maintaining environmental health for a sustainable future.

The Role of UNCLOS 1982 in Maintaining and Protecting the International Marine Environment

The disposal of nuclear waste in the Sea of Japan is a complex and controversial issue where it involves aspects of international law and the international environment. Japan, as one of the largest nuclear waste-producing countries, has faced pressure to manage that waste in a way that complies with international legal principles and environmental norms. International law, such as the United Nations Convention on the Law of the Sea (UNCLOS), provides a framework for the management of marine resources, including waste disposal issues. However, the lack of clarity in international regulations regarding nuclear waste creates challenges in determining the limits of state responsibility and obligations. From an international environmental perspective, nuclear waste disposal can have long-term detrimental impacts on marine ecosystems and human health. Sustainability and sustainability of marine ecology must be a primary consideration in decisions regarding nuclear waste disposal. Meanwhile, various international conventions and agreements such as the Espoo Convention and the Aarhus Convention emphasize the importance of public participation in environmental decision-making. Therefore, the involvement of civil society in the decision process regarding the disposal of nuclear waste in the Sea of Japan is essential to ensure representation of public interests and concerns. This research aims to find out and analyze Japan's actions in dumping nuclear waste into the Pacific Ocean. The problem formulation in this research is: what is the role of UNCLOS 1982 in maintaining and protecting the international marine environment? This research was written using the normative juridical research type, which includes examining legal conflicts, legal vacancies, or vague norms.

The Aarhus Convention and the Latent Right to a Healthy Environment

Abstract The Aarhus Convention is an ambitious environmental agreement that recognises the right to a healthy environment in its opening article. However, the ambiguous language surrounding this right gives the impression that it is ornamentation and not something requiring serious legal attention. At the same time, the procedural environmental rights which are the centrepiece of the Convention are being eroded, either by design on the part of Contracting Parties or because of a broader malaise about the value of public participation in environmental decision-making. This contribution suggests that closer attention to the legal significance of the substantive right contained in the Convention can help to reinvigorate the procedural Aarhus rights. In so doing, it draws attention to the radical vision of the Aarhus Convention to protect the right of present and future generations to live in an environment adequate to human health and well-being.

A paper tiger in the fog of governance: Norway's riddle in biodiversity matters

AbstractEffective biodiversity protection is generally associated with a strict rule of law and democratic participation in environmental decision making. Norway's exceptional ranking in terms of governance, however, has failed to be a predictor of effective biodiversity protection. Through a systematic review of the main regulatory frameworks relevant to protecting biodiversity in Norway, this article analyses the misconceptions, perverse incentives and institutional bottlenecks that lie at the centre of the problem. The analysis finds three overarching barriers that regulatory frameworks have created to the effective protection and promotion of biodiversity in Norway, namely, a governance system based on diffuse legal obligations and responsibilities, excessive trust in private operators and considerable discretion to local entities. Accordingly, this article proposes three enabling factors, and related reform suggestions, for mitigating such barriers and domesticating earth system governance in biodiversity matters.

National Strategic Development Project in Environmental Law: Economic Growth or Reduction in Public Participation

Public participation is fundamental aspect in environmental decision making though environmental impact assessment. Government in developing country, such as Indonesia tends to use constitutional law as a legitimation for development without consider the rights of people in the society. Purpose the article is analysing the implementation of public participation in national strategic development project. The article uses normative method to check regulation coherency. Comparative approach also uses to find problems in environmental decision making that is related to national strategic development project and conceptual approach as well to make an ideal trajectory for a model law. Result finds that information and access to participate have a major role on how government do a project for development. In conclusion, public participation in environmental decision making is important because it contains access to information, access to participate, and access to justice for creating democratic and establish genuine public participation.

Can theatre be used in environmental governance? The view of environmental professionals in Mexico

Values of local people are often poorly represented in environmental decisions due to power differences. Performance arts-based methods have been put forward as one way to increase the representation of local values and signalling power differences. Environmental professionals’ validation of these methods is essential as they shape the interpretation, uptake, and implementation of environmental decisions in practice, but their views remain largely unexplored. This paper uses interviews and focus groups with environmental professionals in Mexico to explore their views on whether these methods a) open the space to discuss a plurality of values and power differences within local communities; and b) can contribute to environmental decision-making, particularly with respect to their viability, cultural relevance and credibility. We use a case study applying Forum Theatre in two rural communities. Results indicate that performance arts-based methods provide openings for environmental professionals to identify interconnected values beyond single categories, and they have the potential to encourage local people to discuss power differences that constrain their participation in environmental decision-making. Results also highlight the importance of preparation and design, as well as rigorous ethical processes to carefully approach specific cultural contexts. Environmental professionals were wary of the methods credibility, partly due to disciplinary conventions that still adhere to positivism. Nevertheless, these challenges also demonstrate the possibilities of performance arts-based methods in fostering transformation and emancipation processes, encouraging local people to influence environmental decisions.

The Human Right to Public Participation in Environmental Decision-making: Some Legal Reflections

Recent years have seen an increase in climate-related protests and demonstrations. There is a clear disparity between the opinions of the public and those of the state in relation to climate change and how it should be tackled. At the heart of the problem is poor communication between citizens and state actors, which has resulted in a lack of support from the public for the state’s climate policy formulation and implementation processes. To increase support for new and existing climate-related policies and initiatives, and to ensure that the fundamental human right to public participation is protected, the state must make a concerted effort to engage with the public during the policy formulation, introduction, application and monitoring phases. This would ensure that state actors are better informed about the concerns of the public and that, when promoting decision-making in climate-related policies, citizens are given opportunities to exercise their right to public participation. It would also promote transparency and accountability in the decision-making process and create a more engaged citizenry and inclusive society. The processes driving greater public participation are not new; they have been encouraged and supported by United Nations (UN) Office of the High Commissioner for Human Rights (OHCHR) and have been incorporated into environmental law both at the national level and at an international level through the United Nations Sustainable Development Goals (SDGs). However, it may be necessary to rethink and reframe existing public participatory processes to encourage stronger cooperation between all stakeholders in environmental decision-making processes including climate change.

Trying to Express Climate Concerns through Environmental Law? The Changing Lawscape of Public Participation

Abstract The ‘lawscape’ (landscape) of public participation in environmental decision-making in Australia is evolving as climate change has become society’s dominant environmental concern. The traditional modes for citizens to express their concerns through administrative and legislative processes are losing their legitimacy and efficacy. The growth of civil disobedience by climate protesters is a response to this deficit. Rather than viewing such dissent as purely a phenomenon ‘outside’ the legal system, in defiance of the law, climate protest can also plausibly be understood as a shift in the mode of public participation within the legal system as discussions about climate science and action extend to new forums, especially courtrooms hearing criminal prosecutions against climate activists.

An Innovative Partnership and Methods for Knowledge Co-Production in Water Governance. The case study of the Gesso Stura Natural Park.

This report describes the education, research activities and productive dialogue that took place over a 3-day workshop at the Gesso Stura Natural Park (Italy, Piedmont Region). The project was coordinated by Prof. Eva Julia Lohse in collaboration with Prof. Margherita Paola Poto, and funded by the DAAD to establish and strengthen collaboration between the University of Bayreuth and the University of Turin. The workshop aimed to explore interdisciplinary, novel methods for (legal and political) water governance in the age of climate crisis. It investigated how co-production of knowledge can be used in environmental decision-making processes so as to reach better decisions based on a broader knowledge base, increase acceptance of protection measures by the public, and improve management of areas hit by severe droughts to guarantee access to water for communities. The workshop builds on the long-standing cooperation between the two principal researchers and their institutions regarding participation in environmental decision-making, sustainable development and water governance in Italy and Germany. This cooperation has been further developed by joint research on co-production of knowledge with indigenous and local communities to address the complex legal and social questions raised by the climate crisis.

The Importance of the Right to a Healthy Environment During the Pandemic

The protection and preservation of the environment and stable climatic conditions, as well as the right of public participation in environmental decision-making in public spaces, are emerging as topics of special significance, especially during the COVID-19 pandemic. The need for integrated protection of natural goods of general interest, harmonization with the EU acquis, the need to simultaneously overcome the COVID-19 crisis and implement the Green Agenda for the Western Balkans raises numerous questions, some of them being: is environmental protection a priority during the pandemic and, if so, which aspects of environmental protection represent the primary concern; have the measures limiting public gatherings had an impact on public participation in decision-making; and, do the proposed legislative amendments and additions complete the environmental protection system, with clear criteria for an environmental impact assessment of the related activities and the decisions to support their pursuit?

Estado de direito ambiental e ONG especialistas na América Latina

This paper considers environmental rule of law in Latin America in the context of security problems across the Atlantic region. It considers efforts to improve environmental rule of law through external pressures and domestic institutional reforms, and argues that the role of expert environmental NGOs, such as litigators, educators, community organizers, and research organizations is underappreciated and under-studied. Principle 10 rights, especially public participation in environmental decision-making is an important area in which these expert NGOs contribute.

A Comparative Study on Public Participation in the Chinese-American Environmental Impact Assessment System

Public participation is a basic principle of environmental law. In order to ensure the fairness and openness of environmental decision-making, it plays an extremely important role in the process of environmental impact judgment through the expression and communication of public opinions. The United States is the first country in the world to establish an EIA system. Many countries in the world have cited it and regard the environmental impact assessment system as an important system in the field of environmental protection. Public participation in environmental decision-making is the core content of the EIA system. Due to the problems of public participation in the current environmental impact assessment system in China, it is difficult to meet the needs of the public and the society, so it is of great significance to promote the improvement of the public participation mechanism for the implementation of the environmental impact assessment system. This paper analyzes and recommends the public participation system in the environmental impact assessment system between China and the United States through comparative research.

How law structures public participation in environmental decision making: A comparative law approach

AbstractDespite some skepticism regarding its effectiveness, public participation has become a central facet of environmental decision making, including governments' various decisions to address climate change. However, the existing literature tends to address the general benefits of environmental public participation rather than examine details of how such participation actually occurs and how it differs among nations—even among nations all purportedly pursuing similar public participation goals. This article begins to fill that knowledge gap by examining law's key role in structuring how the public in different countries may actually participate in environmental decision making, including in unfolding national agendas to reduce greenhouse gas emissions and adapt to climate change impacts. Both the United States and European Union member states have decades of experience in writing—and rewriting—public participation into their environmental laws. This article actively explores and compares how the laws of the United States, the European Union, and the Netherlands (as an exemplar of an EU member state) structure public participation in environmental decision making in order to assess how far along the scale of public participation categories each government has progressed. It concludes that, for the moment, United States environmental law more often allows for public collaboration and empowers the public to make certain kinds of environmental decisions—although a new law in the Netherlands may soon encourage more creative and collaborative forms of public participation there, as well.

Rule of law and expert NGOs in Latin America

This paper considers environmental rule of law in Latin America in the context of security problems across the Atlantic region. It considers efforts to improve environmental rule of law through external pressures and domestic institutional reforms, and argues that the role of expert environmental NGOs, such as litigators, educators, community organizers, and research organizations is underappreciated and under-studied. Principle 10 rights, especially public participation in environmental decision-making is an important area to which these expert NGOs contribute.

Let the people speak! Resisting the erosion of the right to public participation in the wake of The Federation of Fly Fishers v The Minister of Environmental Affairs

The need for public participation in environmental decisions is accepted in both international and South African law. In the run up to, and just after, the transition to democracy, South Africa was exemplary in many instances in ensuring that participation occurred in a meaningful and broad-based way. In recent years, however, some may question whether the underlying rationale for public participation is still as valued by government, or whether it is being diluted to a mechanistic procedural requirement reminiscent of the past. Disputes about the way in which requirements to give effect to public participation are being implemented have recently surfaced in the courts in respect of several environmental issues. There has been strong public opposition to municipal service delivery regarding waste and water, seismic testing off the South African coast, and law-making activities regarding trout. This article considers the court’s oversight of public participation processes in respect of one of those issues — recent decisions on the introduction of executive regulations. It does so by tracing the particular dynamics regarding the need for public participation in South Africa and assessing the way in which the court has adjudicated public participation disputes in the law-making context. It finds that the court appears to be willing to play its oversight role in a way which is true to the underlying ethos of democratic decision-making in the environmental context, albeit that further opportunities for the court to consider the full range of matters involving participation should be welcomed.

Partycypacja społeczna jako filar demokracji środowiskowej w Chińskiej Republice Ludowej

The latest revision from 2014 of the Chinese Environmental Protection Law introduced a new mechanism of public participation in environmental law-making. It forces the Chinese legislative process to be more transparent and inclusive, that is to say — involve civil society and NGOs. Generally, this development deserves support and approval; there are, however, several shortcomings that should be addressed in the future. For instance, neither the level of cooperation between legislature and civil society nor the outcomes of public participation do always meet social expectations.
 The purpose of this work was to research the Chinese model of public participation in environmental decision-making, bearing in mind the authoritarian governance of the People’s Republic of China. Then, to analyze the real impact of the international cooperation and standards on the application of this model. Specifically, the EU–China Environmental Governance Programme (2010–2015) was discussed as a very influential example.
 The outcome of the research shows that Chinese environmental law has been notably shaped by public international and European law. There are considerable similarities between the legal instruments of environmental democracy applied in China and public international law standards promoted by the United Nations and the European Union through the implementation of the Aarhus Convention of 1998. And, without doubt, it has to be recognised that the People’s Republic of China has its own rich and diversified, however contradictory during the course of history, doctrines and a jurisprudence body of work considering civil society’s participatory role in decision-making.
 Each of the successive Chinese forms of government — beginning with despotism, then a glimpse of democracy, totalitarianism, and, finally, authoritarianism — did leave their mark on the Chinese political thought and law regarding the desired participation level of society (i.e. various civil movements and NGOs) in state affairs. In this day and age, social interest and support for the environmental protection is well-accepted by the Chinese government, especially due to the current plan of the Communist Party of China (CPC) to build an “ecological civilization” in China.

Human Rights and Women’s Disproportionate Vulnerability to Climate Change: Insights from Nigeria and Ethiopia

Changes in climate overtime due to natural variability and human activity poses a serious threat to human rights, and indeed to human existence. Climate change has and will continue to contribute to an increase in the frequency and intensity of events which adversely affect the full enjoyment of a broad range of human rights. Women are more likely to experience the adverse effects caused by climate change than men because women constitute most of the world’s poor and are often directly dependent on natural resources that are threatened by climate change as their primary source of food and income. In developing nations of Africa, women often face systemic discrimination, cultural stereotypes and social, economic and political barriers that limit their adaptive capacity. Hence, climate change negatively affects women’s rights to food and livelihood, water, health, education and participation in environmental decision making. The paper combines theoretical insights with primary data to highlight the peculiar circumstances of women in Africa which increases their vulnerability to the adverse impacts of climate change and the extent of protection under the human rights system. Drawing on women experiences in Nigeria and Ethiopia, it argues for more attention to women's ecological, economic and human rights deficits in a changing climate and the policy implications for future efforts to address the adverse impacts of climate change. Keywords: Gender, global warming, Africa. DOI: 10.7176/JLPG/111-03 Publication date: July 31 st 2021

Youth representations of environmental protest

A necessary condition for a functioning democracy is the participation of its citizens, including its youth. This is particularly true for political participation in environmental decisions, because these decisions can have intergenerational consequences. In this article we examine young people’s beliefs about one form of political participation—protest—in the context of communities affected by fracking and associated anti‐fracking protest, and discuss the implications of these representations for education. Drawing on focus groups with 121 young people (aged 15–19) in five schools and colleges near sites which have experienced anti‐fracking protest in England and Northern Ireland, we find young people well‐informed about avenues for formal and non‐formal political participation against a background of disillusionment with formal political processes and varying levels of support for protest. We find representations of protest as disruptive, divisive, extreme, less desirable than other forms of participation and ineffective in bringing about change but effective in awareness‐raising. These representations are challenging, not least because the way protest is interpreted is critical to the way people think and act in the world. These representations of environmental protest must be challenged through formal education in order to safeguard the UN Convention on the Rights of the Child and ensure that the spirit of Article 11 of the UK Human Rights Act is protected.