Principle Of Public Participation Research Articles

Principle of Public Participation to Preserve Water Resources: A Study of Laws and Regulations

در آبانماه 1395 تحصن کشاورزان تراکتور سوار اصفهانی در حاشیه راه‌های خروجی شرق این استان و درگیری آنها با نیروی انتظامی در صدر اخبار بود. پدیده مذکور تنها نمونه ای از موارد متعدد تصمیماتی است که بر معیشت روزمرة بخشی از مردم تأثیر شگرفی داشته و دارد. پرسش اصلی مردم ناخشنود از این تصمیمها آنست که چرا چنین تصمیمی اتخاذ شده و معیشت آنها با بحران روبرو شده است.پرسش اصلی این مقاله آنست که ماهیت و نقش «مشارکت عمومی» در حفظ منابع آبی کشور چیست؟ و قوانین داخلی و نظام حقوقی و اداری جمهوری اسلامی برای جلب مشارکت عمومی در قانونگذاری و تصمیم‌های اداری و اجرای آنها به منظور حفظ محیط زیست و به طور خاص حفظ منابع آبی چه ظرفیتهایی دارد؟به نظر میرسد عدم مراعات اصل مشارکت عمومی به عنوان یکی از مهم ترین ارکان به‌زمامداری یا حکمرانی خوب یکی از مهم ترین موانع در راه تحقق برنامه های توسعه پایدار بوده است. مشارکت ذینفعان در تصمیم گیری های عمومی، که ارتباط مستقیمی با زندگی ایشان دارد، در قالب مذاکره با نمایندگان مردم و اصناف، نظر سنجی عمومی، تحقیق، کسب نظر از سازمانهای مردم نهاد و جلب مشارکت ایشان، علاوه بر اینکه مانع تصمیم های خودسرانه و تضمین شفافیت تصمیمات اداری و ارتقاء فرهنگ شفافیت سازمانی می شود، باعث جلب مشارکت جدی شهروندان در اجرای تصمیمات به منظور حفظ حقوق نسلهای آینده و توسعه پایدار می گردد.

Production of competing water knowledge in the face of water crises: Revisiting the IWRM success story of the Lerma-Chapala Basin, Mexico

Integrated Water Resources Management (IWRM) is an approach that aims to change conventional water management. International agencies and organizations have promoted IWRM across the globe. The Lerma-Chapala Basin in Mexico is an archetypal case study on basin closure, where IWRM principles were said to have been applied in the early 2000s to help solve a serious water crisis. This paper analyses the controversies around socio-hydrological uncertainties that were raised during this and an earlier crisis of Lake Chapala, whose resolution defined the water management policies of the basin. We interviewed key stakeholders, analysed different hydrological models, and reviewed the most important literature assessing the case. Then, we analysed how stakeholders understood the functioning of the socio-hydrological system, and how that determined their perception of what the root causes of the crisis were, and ways to resolve it. We found that the modelling efforts by two stakeholders to understand the root causes of the crisis could not clarify important socio-hydrological uncertainties, which limited the scope of their conclusions. From the proposed responses, only those based on the existing institutional and regulatory framework were implemented. Our results question the assertion that IWRM principles of public participation, sound knowledge, and river basin institutions, actually changed the traditional water management paradigm. We conclude that economic and political interests, more than IWRM principles, influenced the decision-making process to solve the water crisis in the Lerma-Chapala basin.

The Role of Public Participation viewed in the Context of adjudicating Socio-Economic Rights

This article examines how the courts have applied and interpreted the principles of public participation in the context of adjudicating socio-economic rights. In this light, this article adds to the contribution in tribute to Justice Ngcobo in the following ways. First, it examines the role of public participation viewed in the context of adjudicating socio-economic rights. Secondly, it reflects on the jurisprudence of the South African courts with regard to the application and interpretation of the principles of public participation in the course of adjudicating socio-economic rights. Thirdly, it examines the dynamics of public participation, and then revisits the strategies of achieving public participation.

Cultural perceptions and natural protections: a socio-legal analysis of public participation, birdlife and Ramsar Wetlands in Japan

The aim of this paper is to better understand the relationship Japanese people have with birdlife, wetlands and environmental law. The paper uses a case study of the Japanese ‘red crowned’ crane (the tancho) and Ramsar sites in Eastern Hokkaido to examine Japan’s environmental governance systems and actors and the extent to which they utilize the principle of public participation. The topic is significant because of the urgency with which wetlands and birdlife are being lost in East Asia and the impacts such loss will have on communities and national identity. The observations in this paper have relevance for neighbouring Asian countries like China and Korea both of which have their own cultural perceptions and legal protections to consider.

Introduction: Understanding Legal Empowerment of the Poor in the Context of Sustainable Development

This introduction situates the contributions to this special issue within the broader legal and scholarly developments that concern the relationship between public participation and climate governance. It begins by discussing the origins and scope of the principle of public participation in international environmental and climate law. It then provides an overview of three broad strands of research that have examined the role and prospects of public participation, collaboration and deliberation in the governance of complex environmental issues such as climate change. It concludes by identifying a number of lines of inquiry that could inform future research on the relationship between public participation and climate governance.

The application of international environmental law principles in Latin America: a world apart from the EU?

This paper presents a comparative discussion of the application of principles of international environmental law in the Latin American region and the European Union. The question we seek to answer is how (international) environmental principles are employed by Supreme Courts in Latin America, with a brief comparison with the approach by the European Court of Justice. This research presents an illustrative sample of Court of Justice cases and Supreme Court cases in Latin American countries to create an overview of different principles and approaches in practice. We construct a database and an illustrative sample of cases related to the environment since the Rio Declaration of 1992. This sample shows a wide range of principles of and approaches to environmental law in Latin America. Preliminary findings point to strong harmonization in the application of the principle of public participation and participation of indigenous groups in development projects. However, other principles, such as participation by women, are not widely disseminated or regularly deployed in arguments in court or in rulings. Others international environmental principles such as the precautionary principle, the polluter pays principle and the principle of sustainable development are also part of our analysis. This paper concludes that the application of environmental law principles in the regions needs to be integrated and strengthened.

DEMOCRATIC DEFICIT OF INVESTMENT ARBITRATION IN THE VIEW OF RULES ON TRANSPARENCY AND MAURITIUS CONVENTION ON TRANSPARENCY

This paper presents and analyzes the concept of transparency in investment arbitration, recognized by the UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration and Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration in the perspective of democratic principles of public participation, legitimacy and accountability. It holds that, transparency of investment arbitration endorsed by these documents constitutes a next step in the process of democratizing investment arbitration, contributes to the increase of democratic principles and cures the alleged democratic deficit of Investor— State arbitration.

Benjamin Constant. Libertad, democracia y pluralismo

With an interpretative focus, this article explains why for Benjamin Constant democracy could only appear where a necessary relation between freedom as defense of individual rights —freedom as independency or negative freedom— and freedom conceived as principle of public participation —freedom as autonomy or positive freedom— is present. This article also underscores the importance that the author gave to those traditions that embodied the configuration of a nation’s cultural universe. The article concludes that one can find in the work of Constant a clear defense of Rule of Law and pluralism that can enlighten the comprehension of political problems in the contemporary world.

Public Deliberation with Climate Change: Opening up or Closing down Policy Options?

The principle of public participation is increasingly recognized as central for effective climate governance, although underpinning assumptions about what constitutes participation are not always clearly articulated. This article inquires into the challenges faced when lay citizens are asked to engage in deliberative ‘mini‐publics’ geared towards providing input into climate policy. While advocates claim that these innovative forums improve collective decision making by creating the conditions for a socially diverse constituency to learn about and deliberate on salient public issues, critics caution that the democratic potential of deliberative initiatives can be compromised from the outset by a deeper set of assumptions that position public meanings as the domain of expert institutions. Rather than opening up public issues to diverse meanings, mini‐publics can inadvertently close down public debate where only expert issue framings are considered valid, reasonable and credible. The admirable objective to include lay publics in climate policy can be limited in practice by a tendency to frame climate change as an inherently expert‐based issue. Defining the discussions as the exclusive preserve of experts can implicitly preclude wider public involvement, in turn limiting the knowledge and perspectives available for policy makers.

Public Participation and Climate Governance: An Introduction

This introduction situates the contributions to this special issue within the broader legal and scholarly developments that concern the relationship between public participation and climate governance. It begins by discussing the origins and scope of the principle of public participation in international environmental and climate law. It then provides an overview of three broad strands of research that have examined the role and prospects of public participation, collaboration and deliberation in the governance of complex environmental issues such as climate change. It concludes by identifying a number of lines of inquiry that could inform future research on the relationship between public participation and climate governance.

Pengelolaan Keuangan di Desa Pesisir Berdasarkan Asas Partisipasi dalam Undang Nomor 6 Tahun 2014 Tentang Desa sebagai Upaya Akuntabilitas Publik di Kabupaten Gresik

The financial management in the coastal villages based on the principle of public participation is regulated in Act Number 6 of 2014 on the Village. The regulating is intended that rural communities can participate and play the role and can directly involve in financial management, including the supervision on financial allocations. The selected coastal villages in Gresik are Pangkah Kulon village, Banyu Urip village and Campurejo village; the villages are in two sub-districts (kecamatan), Ujung Pangkah and Panceng. This research is an empirical research with the steps which refer to the principle of PAR (Participatory Action Research). The research advances show that the location of the research and the regulations have been identified; the informants have been determined; and the data on Village Fund Allocation and the model of village financial management of which each village makes have been collected. As a result of the research, the model of financial management in Pangkah Kulon village, Banyu Urip village and Campurejo village is not maximally in accordance with the steps that should be as in the regulations, particularly in the Regulation of the Minister of Home Affairs Number 113 of 2014 on Village Financial Management. The used format is not uniform.

Violent Service Delivery Protests in the Governance of Public Participation in a Democratic South Africa

In a democratic country like South Africa where the Constitution is the supreme law, governance entails enforcement of the basic principle of public participation. In practice, though, public participation appears to have remained a pipe dream, especially in the sphere of service delivery. Hence, the service delivery protests are increasingly linked to the apparent voicelesness of people in the decision-making processes. Theoretically, the fierce and often violent service delivery protests could be prevented or avoided by enforcing meaningful public participation in decisions about municipal priorities. This paper makes a theoretical argument about the association between public participation and service delivery in order to insinuate that public anger breeds on the sense of voicelessness among community members. Additionally, the paper draws empirical evidence of the recent violent protests across South Africa to affirm the locus of violence in the lack of public participation within municipal decision making about service delivery priorities. DOI: 10.5901/mjss.2014.v5n9p148

The power of public participation in local planning in Scotland: the case of conflict over residential development in the metropolitan green belt

While the principle of public participation is an acknowledged requirement of planning in most Western countries there is continuing debate, and insufficient empirical evidence, on the effectiveness of public participation in practice. This research examines the power of public participation in local planning in Scotland with particular reference to the pressing issue of conflict over residential development in the metropolitan green belt. The paper first defines key concepts underlying the research, and identifies the principal actors in the residential development process. The post-2006 institutional framework for planning in Scotland is explained to establish the legislative and procedural context for a case study of conflict between developers and the local community in a village in Glasgow’s green belt. Using a combination of analysis of planning documents, interviews with local planners and developers, and a survey of village residents the empirical study provides detailed insight on the principles, practice, problems for public participation in local planning in Scotland. Finally, a number of conclusions are presented on the prospects for public participation in Scotland.

中国环境管理法治视域之社会调控机制—基于公众参与重大环境事件之价值考量

公众参与是环境保护的重要途径，也是环境民主法治的切入点；随应公众参与的扩大和深化，环保管理的社会调控制度和机制得以逐步完善。产业结构调整与转型升级，需要完善调整政策和机制；创新环保管理体制和制度，需要构建环境保护政府调控与市场引导的协调机制；保障公众健康、提高人民生活质量、维护国家生态安全、发展循环经济和建立“资源节约型”、“环境友好型”社会作为环保法制建设的基本方向。由此，落实环境管理公众参与原则暨积极探索实现社会调控机制创新的基本途径。 Public participation is an important path of environmental protection, and also the breakthrough point of the rule of law of democratic environment. As expanding and deepening of public participation, social regulation mechanism and system of environmental protection and management is gradually improving. The adjustment of industrial structure and its transformation and upgrading needs the perfection of adjust- ment policies and mechanisms; the innovation of environmental management mechanism and system needs building a coordination mechanism between government regulation and market-led in the environmental protection; protect public health, improve quality of life of the people, safeguard national ecological safety, develop circular economy and establish “resource-saving” and “environmentally friendly” society as the basic direction of the environmental legal construction. Thus, implementation of the principle of public participation in the environmental management is the basic path to actively explore and achieve social regulation mechanism innovation.

Evaluation Pattern of Irrigation Influence on Eco-Environment Based on Public Participation

Firstly, the principle of public participation in evaluation of irrigation influence on eco-environment was analyzed. Then, the formation of quantitative evaluation systems of irrigation influence on eco-environment was studied, which includes the scope and purpose of public participation in evaluation, the evaluation programs, the forms and evaluation methods of the public inquiry, etc. The matrix of irrigation influence on eco-environment, evaluation index, methods and requirement were set up. Finally, selecting Heigangkou Yellow River Irrigation Area as an example, quantitative index systems of public participation in evaluation of irrigation influence on eco-environment were calculated.

Reconciling IWRM and water delivery in Ghana – The potential and the challenges

The key elements of integrated water resources management include a holistic integrated approach and the main principles of public participation, the role of gender and the notion of recognising the economic value of water. This paper investigates how these notions play out in the context of providing water to the rural communities in the Densu basin in Ghana. This investigation is based on a content analysis of the relevant policy documents and interviews with state agencies and local stakeholders. The paper concludes that there is a conflict between the IWRM goal of integrating all water uses and sectors in the management of water resources and focusing on the prioritisation of water delivery services. However, three of the IWRM principles can be used in implementing water delivery. While Ghana has adopted IWRM, it clearly prioritises water delivery. At basin level, the IWRM planning process does not take water delivery into account and water delivery is conducted independent of the IWRM process. Although the participatory and gender approaches are being implemented relatively successfully, if slowly, the ‘water as an economic good’ principle is given less priority than the notion of the human right to water as local communities pay only 5% of the capital costs of water delivery services. The impact of the rural water delivery services has been positive in the Densu basin in seven different ways; and if this helps the rural community out of the poverty trap, it may lead to economically viable water facilities in the long-term.

Using Multimedia to Encourage Public Participation in Planning and Design Decision-making Processes

The impetus towards public engagement in many spheres of the human existence has evolved over the years from the doldrums of the top-down approaches to current levels of excitement with collaborative planning. One of the fundamental principles of public participation in planning and design is to empower those whom the decisions may affect. It is through such participation mechanisms that the costs and benefits of development are proportionately taken care of. Acknowledging the virtues of public participation in planning and design is perhaps less of a challenge than putting in place the enabling environment and appropriate protocols for tapping the potential of diverse communities. How do we account for language barriers, different requirements, and interests and priorities to ensure that the voices of multiple stakeholders are incorporated into the decision-making processes? Such are neither new nor easy questions as decision-makers across the world have for a long time been grappling with the issues of inadequate participation. Traditional techniques have remained the key participation approaches despite their limitations. This appears like an irony, especially in the face of robust communication tools offered by Information and Communications Technology (ICT). Against the foregoing background, the paper explores the potential of multimedia techniques in encouraging public participation in planning and design decision-making processes. The common barriers and incentives to participation are identified. The paper concludes by establishing a strong case for the adoption of multimedia techniques in breaking the multiple barriers.

Community cooperation with natural flood management: a case study in the Scottish Borders

The cooperation of communities and landowners in the upper catchment is vital for the successful implementation of natural flood management (NFM) projects as few incentives are in place to reward them to host such projects. The aim of this paper is to initiate an exploration of the issues that affect a community's decision to cooperate. The results of a case study in Scotland show that willingness to cooperate is affected by concern about alternative flood management techniques, a sense of responsibility to help connected communities at risk of flooding and the expectation of beneficial impacts from the project. Indeed, these issues appeared to over‐ride the hostility generated towards the project as a result of poor communication and engagement with the community from organisations associated with the proposed project. The results of the research suggest that if NFM projects are to proliferate, close attention must be paid to community attitudes towards flood management and related communities at risk, and that NFM projects must be developed and implemented according to well‐established principles of public participation.

Principle of public participation in environmental law of the Russian Federation

This article addresses normative acts, decisions of the courts, practice and public relations in the field of public participation in environmental decision-making. The purpose of the present article is to develop measures for strengthening the principle itself in law application and improvement of environmental protection as a whole. Open and private data bases, content analysis methods, comparative law, formal, logic, and statistical methods were used during this work. This article offers a selection of main terms, a short description of domestic sources, a survey of several cases and practical problems. The review enables a general overview to be gained of the past, present and future of this problem in the context of Russian environmental legislation.

Public participation and climate change adaptation: avoiding the illusion of inclusion

Public participation is commonly advocated in policy responses to climate change. Here we discuss prospects for inclusive approaches to adaptation, drawing particularly on studies of long-term coastal management in the UK and elsewhere. We affirm that public participation is an important normative goal in formulating response to climate change risks, but argue that its practice must learn from existing critiques of participatory processes in other contexts. Involving a wide range of stakeholders in decision-making presents fundamental challenges for climate policy, many of which are embedded in relations of power. In the case of anticipatory responses to climate change, these challenges are magnified because of the long-term and uncertain nature of the problem. Without due consideration of these issues, a tension between principles of public participation and anticipatory adaptation is likely to emerge and may result in an overly managed form of inclusion that is unlikely to satisfy either participatory or instrumental goals. Alternative, more narrowly instrumental, approaches to participation are more likely to succeed in this context, as long as the scope and limitations of public involvement are made explicit from the outset.