The Right of Access to Environmental Information

Abstract

The book discusses the normative impact of the Aarhus Convention on how England, America and China guarantees the right of access to environmental information. Through this analysis the book identifies each of these jurisdictions' unique conceptualisations of the right which, in turn, influences the design of their respective environmental information regimes. This allows these jurisdictions potentially to act as sources of legal reforms for each other to improve how the right is guaranteed via legal transplant theory, challenging the normativity of the Aarhus Convention. This is not to suggest that the Aarhus Convention exerts no normative influence on how the right is guaranteed; there are core substantive and core procedural elements which have to be met for the right to be effectively guaranteed, and the book shows that the Aarhus Convention does exert a normative influence over the procedural elements of the right.

Public Voices and Environmental Decisions: The Escazú Agreement in Comparative Perspective

“…Together, these two instruments constitute and embody good practice in the field of public participation in environmental decision making. 69 As explained below, they provide a yardstick for evaluating the contribution of the Escazú Agreement, taking into account also the specific social conditions of the LAC region, as noted earlier. The relevance of each of these instruments will be discussed in turn.…”

A Realistic Approach Towards Attaining Sustainable Environment Through Improved Public Participation in Nigeria

“…A key component of the Aarhus Convention's commitment to ensuring the right to a healthy environment and, more broadly, promoting sustainable development is the availability of information to enable the public to participate in environmental decision-making processes (Whittaker, 2021). The public's ability to access environmental laws, policies, and other information that will enhance their knowledge and understanding of their environment is essential for the success of any effort aimed at environmental protection and conservation for it is only by having access to this information will the public be able to properly comply with environmental laws (Etemire & Uwoh Sobere, 2020).…”

“…According to Whittaker (2021), the Aarhus Convention's definition is inclusive and broad, guaranteeing that a variety of contacts between the state and the public are covered by the Convention's duties. Again, Whittaker (2021) noted that Etemire (2016) had lauded the definition's breadth and open-endedness for their capacity to incorporate "future developments in the field."…”

“…Again, Whittaker (2021) noted that Etemire (2016) had lauded the definition's breadth and open-endedness for their capacity to incorporate "future developments in the field." Importantly, this broad definition is important because it guarantees and enables people and NGOs to demand access to a variety of environmental information, hold public officials accountable, and actively engage in a variety of environmental decision-making processes (Whittaker, 2021).…”