{"title":"论国际环境法下的环境信息提交权","authors":"S. Whittaker","doi":"10.1093/jel/eqad025","DOIUrl":null,"url":null,"abstract":"\n Discussions on how the public engages with environmental information within environmental governance matters are primarily centred around the supply of environmental information to the public by the state. However, this focus downplays the importance of environmental information held by members of the public and the difficulties that individuals can experience when submitting such information to the state outside formal environmental decision-making procedures. This article examines the benefits of guaranteeing a general right to submit environmental information before considering the extent to which environmental law, specifically the Aarhus Convention, supports the creation of such a right. The article then concludes by constructing a hypothetical regime to implement the proposed right, identifying how the proposed right can be balanced against the needs of the state and points of divergence between this hypothetical regime and the current environmental information regime set out in the Aarhus Convention.","PeriodicalId":46437,"journal":{"name":"Journal of Environmental Law","volume":" ","pages":""},"PeriodicalIF":2.0000,"publicationDate":"2023-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Exploring a Right to Submit Environmental Information Under International Environmental Law\",\"authors\":\"S. Whittaker\",\"doi\":\"10.1093/jel/eqad025\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n Discussions on how the public engages with environmental information within environmental governance matters are primarily centred around the supply of environmental information to the public by the state. However, this focus downplays the importance of environmental information held by members of the public and the difficulties that individuals can experience when submitting such information to the state outside formal environmental decision-making procedures. This article examines the benefits of guaranteeing a general right to submit environmental information before considering the extent to which environmental law, specifically the Aarhus Convention, supports the creation of such a right. The article then concludes by constructing a hypothetical regime to implement the proposed right, identifying how the proposed right can be balanced against the needs of the state and points of divergence between this hypothetical regime and the current environmental information regime set out in the Aarhus Convention.\",\"PeriodicalId\":46437,\"journal\":{\"name\":\"Journal of Environmental Law\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":2.0000,\"publicationDate\":\"2023-08-19\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Environmental Law\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.1093/jel/eqad025\",\"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/eqad025","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Exploring a Right to Submit Environmental Information Under International Environmental Law
Discussions on how the public engages with environmental information within environmental governance matters are primarily centred around the supply of environmental information to the public by the state. However, this focus downplays the importance of environmental information held by members of the public and the difficulties that individuals can experience when submitting such information to the state outside formal environmental decision-making procedures. This article examines the benefits of guaranteeing a general right to submit environmental information before considering the extent to which environmental law, specifically the Aarhus Convention, supports the creation of such a right. The article then concludes by constructing a hypothetical regime to implement the proposed right, identifying how the proposed right can be balanced against the needs of the state and points of divergence between this hypothetical regime and the current environmental information regime set out in the Aarhus Convention.
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