Barriers to Access to Justice in North Macedonia for Violations of Human Rights in the Context of Air Pollution

Abstract

This article analyses a domestic litigation matter seeking to establish accountability for air pollution-related human rights violations. It examines how the judiciary applied national and international law to dismiss the case on procedural grounds. It argues that the domestic case deserves careful reading for a number of reasons that can be distilled into two premises. Firstly, the national legal framework and its respective judicial interpretation impede access to justice for victims of state and/or corporate human rights violations. Secondly, it is essential that the state develops laws and policies in line with the United Nations Guiding Principles on Business and Human Rights, which would allow claimants to focus their argumentation on material, rather than procedural issues relevant to proving the merits of the case.