"The Fourth EELF Conference dedicated to Procedural Environmental Rights of the public was organised in Wroclaw from 14-16 September 2016 by the Faculty of Law of the University of Wroclaw in co-operation with the Environmental Law Center, Wroclaw, the law firm Jendroska Jerzmanski Bar & Partners and the Faculty of Law of the University of Opole"--Back cover. Includes bibliographical references.
Contents:
Procedural environmental rights and climate change. Access to justice in climate change litigation from a transnational perspective : private party standing in recent climate cases / Samvel Varvastian. Evolution of participatory rights in the era of fiscal austerity and reduced administrative burden / Jukka Simila -- Definitions of the Aarhus Convention v. the proposal for a new Latin America and the Caribbean instrument : mapping differences in the material scope of procedural environmental rights in international law / Juliana Zuluaga Madrid -- Procedural environmental rights in practice. Procedural environmental rights in the jurisprudence of the European Court of Human Rights and their impact on criminal procedure law / Robert Esser -- Ilva : an environmental case / Nicola Lugaresi -- Improvement of Article 37 of the EU Charter of Fundamental Rights : a choice between an empty shell and a test tube? / Marco Tulio Reis Magalhaes -- Public participation. EU and public participation in environmental decision-making / Ludwig Kramer -- Public participation in rulemaking and decision-making in environmental matters : legal framework and jurisprudence in Spain and the Basque Country / Maria del Carmen Bolano Pineiro and Inaki Lasagabaster Herrarte -- Legal instruments to protect indigenous peoples' participation in Europe and in the Arctic Region / Margherita Paola Poto -- Notifying the public as a part of the public participation procedure in EU, Polish and Ukranian law / Viktoriia Rachynska -- Public participation rights enhancement within the wind power plants location in Poland in the context of EU renewable energy requirements / Kamila Sobieraj -- Access to justice. Access to environmental justice in India: innovation and change / Gitanjali Nain Gill -- Scope of the review in environment-related disputes in the light of the Aarhus Convention and EU law : tensions between effective judicial protection and national procedural autonomy / Vasiliki (Vicky) Karageorgou -- Implementation of the Aarhus Convention through actio popularis : Article 9(3) of the Aarhus Convention and actio popularis / Zaneta Mikosa -- Procedural environmental rights and nature protection. Towards a legally enforceable duty to restore endangered species under EU nature conservation law : on wild hamsters, the rule of law and species extinction / Hendrik Schoukens -- Recognition of rights of nature, as a subject of law, in the International Environmental Law framework / Santiago Vallejo Galarraga -- Strengthening conservation through participation : procedural environmental rights of local communities in transboundary protected areas / Emma Mitrotta -- Procedural environmental rights and EIA. Public participation and EIA in the multi-stage decision-making process : the Czech example / Petra Humlickova and Vojtech Vomacka -- Use of the bounding conditions envelope concept in the Polish system of environmental impact assessments / Mariusz Wojcik, Pawe¿ Grabowski, Maciej Stryjecki and Dominik Gajewski -- Special provisions on the issuance of environmental decisions in sectoral legislation in Poland / Sergiusz Urban -- Procedural environmental rights and climate change. (Un)comfortably numb : the role of national courts for access to justice in climate matters / Esmeralda Colombo -- Access to information, the hidden human rights touch of the Paris Agreement? / Delphine Misonne -- Access to justice in climate change litigation from a transnational perspective : private party standing in recent climate cases / Samvel Varvastian.
Summary:
"This volume is not a random collection of papers presented at the conference but rather a monograph presenting in a structured manner some of the topical issues related to this subject. It provides an overview of various aspects of the current status, development and practice of rights of access to information, public participation in decision-making and access to justice in environmental matters following their codification as non-binding principles in Principle X of the Rio Declaration. The book goes far beyond presenting merely the issues related to environmental procedural rights in Europe: it brings together the expertise of worldwide legal scholars, representing a wide range of legal cultures, to discuss the adoption and implementation of procedural environmental rights in different jurisdictions and under various legal instruments. Furthermore, it provides insight into the various aspects of procedural environmental rights ranging from theoretical issues of global application to practical problems at local level"--Back cover.
Series:
European Environmental Law Forum Series ; volume 4
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.