{"title":"奥胡斯公约》与享有健康环境的潜在权利","authors":"Emily Barritt","doi":"10.1093/jel/eqae003","DOIUrl":null,"url":null,"abstract":"\n The Aarhus Convention is an ambitious environmental agreement that recognises the right to a healthy environment in its opening article. However, the ambiguous language surrounding this right gives the impression that it is ornamentation and not something requiring serious legal attention. At the same time, the procedural environmental rights which are the centrepiece of the Convention are being eroded, either by design on the part of Contracting Parties or because of a broader malaise about the value of public participation in environmental decision-making. This contribution suggests that closer attention to the legal significance of the substantive right contained in the Convention can help to reinvigorate the procedural Aarhus rights. In so doing, it draws attention to the radical vision of the Aarhus Convention to protect the right of present and future generations to live in an environment adequate to human health and well-being.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":null,"pages":null},"PeriodicalIF":2.0000,"publicationDate":"2024-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"The Aarhus Convention and the Latent Right to a Healthy Environment\",\"authors\":\"Emily Barritt\",\"doi\":\"10.1093/jel/eqae003\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n The Aarhus Convention is an ambitious environmental agreement that recognises the right to a healthy environment in its opening article. However, the ambiguous language surrounding this right gives the impression that it is ornamentation and not something requiring serious legal attention. At the same time, the procedural environmental rights which are the centrepiece of the Convention are being eroded, either by design on the part of Contracting Parties or because of a broader malaise about the value of public participation in environmental decision-making. This contribution suggests that closer attention to the legal significance of the substantive right contained in the Convention can help to reinvigorate the procedural Aarhus rights. In so doing, it draws attention to the radical vision of the Aarhus Convention to protect the right of present and future generations to live in an environment adequate to human health and well-being.\",\"PeriodicalId\":46437,\"journal\":{\"name\":\"Journal of Environmental Law\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.0000,\"publicationDate\":\"2024-02-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Environmental Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jel/eqae003\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Environmental Law","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1093/jel/eqae003","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
The Aarhus Convention and the Latent Right to a Healthy Environment
The Aarhus Convention is an ambitious environmental agreement that recognises the right to a healthy environment in its opening article. However, the ambiguous language surrounding this right gives the impression that it is ornamentation and not something requiring serious legal attention. At the same time, the procedural environmental rights which are the centrepiece of the Convention are being eroded, either by design on the part of Contracting Parties or because of a broader malaise about the value of public participation in environmental decision-making. This contribution suggests that closer attention to the legal significance of the substantive right contained in the Convention can help to reinvigorate the procedural Aarhus rights. In so doing, it draws attention to the radical vision of the Aarhus Convention to protect the right of present and future generations to live in an environment adequate to human health and well-being.
期刊介绍:
Condensing essential information into just three issues a year, the Journal of Environmental Law has become an authoritative source of informed analysis for all those who have any dealings in this vital field of legal study. It exists primarily for academics and legal practitioners, but should also prove accessible for all other groups concerned with the environment, from scientists to planners. The journal offers major articles on a wide variety of topics, refereed and written to the highest standards, providing innovative and authoritative appraisals of current and emerging concepts, policies, and practice. It includes: -An analysis section, providing detailed analysis of current case law and legislative and policy developments -An annual review of significant UK, European Court of Justice, and international law cases -A substantial book reviews section