Category Archives: Access to Justice

Procedural Rights as a Crucial Tool to Combat Climate Change (S. Kravchenko)

Author(s)

Svitlana Kravchenko

Keywords

human rights, procedural rights, combating climate change, freedom of expression, right to access information, right to participate in decision-making, access to justice, transparency, indigenous people, jurisprudence, human rights treaties, multilateral environmental agreements, civil society participation

Abstract

This Article will discuss how a subset of human rights – procedural rights – can play an important role in limiting climate change. These include freedom of expression and the right to seek and receive information, the right to participate in decision-making and the right of access to justice. States must address climate change through a transparent process of giving the public full and complete information during the early stages of decision-making in climate change related issues. States must also give the public a voice by allowing participation by all affected communities, including indigenous peoples.

In Part II, this Article will first discuss how freedom of expression and access to information are embedded in human rights treaties, multilateral environmental agreements, national constitutions and information laws, and in the jurisprudence of regional human rights and domestic courts, as well as national reporting and how these rights can be used for combating climate change. Part II will also briefly evaluate the right of investors to disclosure of climate risk information and the role of Securities and Exchange Commission (SEC) in light of the agency’s new interpretive guidance on existing public company disclosure requirements relating to the issue of climate change.

In Part III, this Article will discuss public participation in decision-making related to climate change, first exploring the established legal framework for public participation in “soft law” MEAs, and in environmental impact assessments (EIAs), including the transboundary context. Part III concludes by providing case examples how procedural rights have been used to combat climate change. Finally, Part IV will evaluate the role of civil society participation in the negotiation of an international treaty at the United Nations Framework Convention on Climate Change (UNFCCC) Fifteenth Session of the Conference of the Parties in Copenhagen, as well as the author’s participation in the Working Group on Human Rights and Climate Change.

Citation

(2010) 38 (3) Georgia Journal of International and Comparative Law 613

Paper

Procedural Rights as a Crucial Tool to Combat Climate Change

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Solidarity after Bhopal: Building a Transnational Environmental Justice Movement (R. Pariyadath and R. Shadaan)

Authors

Renu Pariyadath, Reena Shadaan

Keywords

Bhopal, Environmental Justice, India, Solidarity, Transnational Environmental Justice Movement

Abstract

Environmental Justice is the essential peer-reviewed journal that explores the equitable treatment of all people, especially minority and low-income populations, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Published bimonthly

Citation

(2014) 7(5) Environmental Justice 146-150

Paper

Solidarity after Bhopal: Building a Transnational Environmental Justice Movement

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Climate Policy and the Poor: Some Perspectives (S. Byravan)

Author

Sujatha Byravan

Keywords

Climate, Climate Justice, Climate Policy, the Poor

Abstract

Environmental Justice is the essential peer-reviewed journal that explores the equitable treatment of all people, especially minority and low-income populations, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Published bimonthly

Citation

(2014) 7(5) Environmental Justice 142-145

Paper

Climate Policy and the Poor: Some Perspectives

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases (N.M. De Sadeleer)

Author

Nicolas Michel De Sadeleer

Keywords

right to a clean environment, right to health, European Union Charter of Human Rights (EUCHR), EU environmental law, private enforcement of environmental law, access to justice, European Convention of Human Rights (ECHR), right to private and family life and the home

Abstract

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. Th e article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.

Citation

de Sadeleer, N.M., Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases (2012) 81,1 Nordic Journal of International Law 39-74

Paper

Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Business Enterprises and the Environment: Corporate Environmental Responsibility (K.D. Jesse, E.V. Koppe)

Authors

Katinka Danielle Jesse and Erik V. Koppe

Keyword

Corporate Environmental Responsibility, Environmental Due Diligence, Environmental CSR, Business enterprises and the environment, Environmental complement to Ruggie Framework

Abstract

In 2011, following his 2005 initial mandate of the UN Commission on Human Rights and his extended 2008 mandate of the UN Human Rights Council, the Special Representative of the Secretary-General (SRSG) on the issues of human rights and transnational corporations and other business enterprises, professor John Ruggie, issued the final text of the “Guiding Principles for the Implementation of the United Nations ‘Protect, Respect and Remedy Framework’’’. The 2008 Framework on Business and Human Rights and the complementing 2011 Guiding Principles consist of three pillars: the duty of states to protect human rights, the responsibility of business enterprises to respect human rights, and access to remedies for victims of human rights abuses. They currently qualify as the dominant paradigm in the Corporate Social Responsibility (CSR) discourse, also because they now form part of various soft law and self-regulation initiatives. The Framework and Guiding Principles do not however specifically focus on environmental issues. But their systematic approach and structure do provide a model to address state duties and business responsibilities to care of the environment. This article is intended to complement the UN Framework and Guiding Principles on business and human rights with principles in the field of business and the environment. Hence, it is submitted that states have a customary duty to care for the environment (paragraph 2); it is similarly submitted that business enterprises have a responsibility to care for the environment (paragraph 3); and it is submitted that stakeholders must have access to remedies in relation to breaches of these duties and responsibilities (paragraph 4).

Citation

Jesse, K.D., Koppe, E.V., Business Enterprises and the Environment: Corporate Environmental Responsibility / Grotius Centre Working Paper 2014/036-SDL (2013) 4 The Dovenschmidt Quarterly December 176-189

Paper

Business Enterprises and the Environment: Corporate Environmental Responsibility

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail