Tag Archives: Rio

The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment (C. Tracy)

Author

Christopher Tracy

Keywords

NGOs, non-governmental organisations, human rights, environment, dignity, future generations, indigenous right, environmental protection, Rio, legitimacy, international relations

Extract

“Part I of this Article will address the history and development of NGOs. Particular attention will be given to the rationale espoused by various NGOs for their participation in certain global concerns or activities. The connections between human rights and environment NGOs will be discussed, as will the reason for this connection – namely, a “dignity” concern for living human beings, the living plant, those yet to be born and the future of this world. This connection between human rights and environmental organizations is most evident in the protection of indigenous peoples and their traditional lands.

Part II will continue the discussion by examining links between human rights and the environmental in international instruments. Although, there have been numerous connections made in previous human rights and environmental documents, the focus here will be on the developments made in Rio.

Part III will examine the tensions arising out of attempts to prioritize when human rights and environment concerns are to be addressed […]

Part IV will suggest that the NGOs’ diverse participation should continue well into the future before any major prioritization will have to occur. […]

This discussion will conclude with the suggestion that NGO involvement in the international regime will continue to grow and, as it does, a balance must be sought between legitimacy in action and vitality in mission” (pp. 24-25)

Citation

(1994) Journal of International Law and Practice 3 pp. 21-46

Paper

The Roots of Influence: Nongovernmental Organizations and the Relationship Between Human Rights and the Environment

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Security of the person, peace of mind: a precautionary approach to environmental uncertainty (L. Collins)

Author

Lynda M Collins

Keywords

Rio, precautionary principle, environmental risk, security of the person, Aamjiwnaang, psychological integrity, human rights

Abstract

This article assesses the evolution of precautionary environmental human rights in the twenty years since Rio, with a focus on security of the person. In particular, the author argues that where there is evidence of a significant environmental threat to human health, coupled with scientific uncertainty regarding the existence, mechanism, or scope of the risk involved, the security of the person of exposed individuals is violated. Taking a precautionary approach to security of the person, and recognizing the integral role of psychology in human wellbeing, the author argues that the requirement to live daily with uncertainty regarding the safety of such fundamentals as air, water and soil violates the psychological integrity of affected communities, and amounts to an infringement of security of the person as protected in both national constitutions and international human rights instruments.

Citation

(2013) 4/1 Journal of Human Rights and the Environment 79-100

Paper

Security of the person, peace of mind: a precautionary approach to environmental uncertainty

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Rio+20: a critique – The global is personal: the personal is global (K. Morrow)

Author

Karen Morrow

Keywords

Rio, Rio+20, critique

Abstract

Following two decades on from the ground-breaking United Nations Conference on the Human Environment in Stockholm in 1972, the United Nations Conference on Environment and Development in Rio in 1992 promised much in terms of the maturing of international environmental law. Among its most significant achievements, which included reaching international agreements on climate change and biodiversity, was the launch of the supposedly paradigm shifting concept of sustainable development into international law and policy agendas and ultimately, our global consciousness. This development ostensibly represented an attempt to redraw the relationship between humanity and the environment on a more viable footing, recognizing the complex interplay between environmental, social and economic factors. Accordingly, the United Nations Conference on Sustainable Development (Rio+20) provided an ideal opportunity to take stock of progress – or the lack of it – in the intervening 20 years. What then was made of this opportunity?

Citation

(2013) 4/1 Journal of Human Rights and the Environment 1-5

Paper

Rio+20: a critique – The global is personal: the personal is global

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Judicial contributions to sustainable development in developing countries: an overview (K Ebeku)

Author

Kaniye SA Ebeku

Keywords

Sustainable development; environmental protection; Rio Declaration; UNCSD; constitutional and statutory provisions; developing countries; judicial interpretation.

Abstract

The authors aim is to provide an overview of the judicial contributions and sustenance of sustainable development in various third world countries. The article includes relevant national constitutional and statutory provisions the courts are required to interpret and demonstrates a ‘universality of practice’ between developed and developing countries. Such provisions demonstrate the intention to protect human rights encourage sustainable development and conservation whilst promoting ‘justifiable economic and social development’. The article highlights that the judiciary play a vital role in environmental protection and ensuring human rights.

Citation

(2003) 15(3) Environmental Law and Management, 168-174.

Paper

Judicial contributions to sustainable development in developing countries: an overview.

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Public Participation and Democracy in Practice—Aarhus Convention… (B. Toth)

Author

Bende Toth

Keywords

Empowerment, private citizens, environmental decision-making, access to information, public fora, Aarhus Convention, UNECE, NGOs

Abstract

In recent years, a number of national and international legal developments have led to the implementation of procedures to ensure the empowerment of private citizens in environmental decision-making processes. In practice, this has meant increased access to information affecting decision-making, the establishment of public fora for discussion, and some broadening of legal standing requirements for individuals and citizens’ groups challenging actions based on environmental concerns. These three concepts-public participation, access to information, and access to justice-are the three main pillars of the Aarhus Convention, which entered into force in October of 2001, and is administered by the United Nations Economic Commission for Europe (UNECE). In addition to the three pillars, the most notable feature of the Convention is the key role carved out for non-governmental organizations (NGOs), which feature prominently in the Convention’s conception of environmental democracy. The Convention has been signed and ratified by more than forty countries from Europe and Eurasia, and parallel principles are being advocated and applied in a variety of other settings.

The Aarhus principles grew out of the Rio Declaration’s Principle 10 and the United Nations’ Agenda 21 program, both of which underscored the importance of the role of the public and the NGO sector in environmental decision-making.

In part I, this paper will introduce how an empowered public can help address various difficulties in confronting environmental issues. This section will emphasize general arguments for procedural rights for the public.

Part II will offer an in-depth look at the three pillars, trace similarities in the United States’ federal law, and also look at European Union (EU) implementation efforts at the MemberState level through the directive process. A secondary goal of this section will be to assuage some critics’ fears about the Aarhus Convention. The section will also look to various Aarhus Convention Compliance Committee decisions, so as to distill a sense of the Committee’s interpretation of the Convention. In reviewing the advisory “case law” of the Compliance Committee, the central guiding principle, in line with the goals of the Convention, has been to guarantee a modicum of public participation rights in line with basic procedural rights. The Committee has also hewn a course in line with both the letter and spirit of the Convention, balancing deference to the signatory parties with the broader goals of the three pillars.

Part III will look at the special rights accorded to the NGO sector by the Convention and discuss the benefits of empowering the NGO sector in this manner. The section also addresses key elements of the Convention’s compliance mechanisms.

Part IV will focus the implications of the Aarhus convention for the signatories, especially in the former Soviet satellite nations, and includes lessons gleaned from implementation efforts there. The section will also advocate for the continued adoption of Aarhus principles in the developing world.

Citation

(2010) 30 Journal of Land, Resources, and Environmental Law 295

Paper

Public Participation and Democracy in Practice—Aarhus Convention Principles as Democratic InstitutionBuilding in the Developing World

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail