Abstracts Category : Other

Article 9(3) of the Aarhus Convention

by Mist Einarsdttir Dilj

Participation rights, or the rights to public participation in preparing decisions regarding environmental matters, have acquired a place in international environmental law and international principles thereof are elaborated in the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters or the Aarhus Convention.The Aarhus Convention is commonly said to rest on so-called three pillars. The third pillar, or access to justice, is the main focus of this thesis, particularly the direct and indirect enforcement by members of the public entailed in Article 9(3) of the Convention, also known as public or citizen enforcement. The main objective is to analyse and interpret the material scope of Article 9(3) of the Aarhus Convention, inter alia, by using the Conventions preparatory documents and the relevant decisions of its Compliance Committee (ACCC). Subsequently, the outcome of the analysis is compared to (a) EU law and practice, (b) EEA law and practice, and finally (c) the relevant Icelandic law. International development in the recent years has been towards officially recognizing the importance of public participation in environmental decision-making. Nevertheless, the study of this thesis gives cause to conclude that there is considerable reluctance towards the enforcement of this concept. Article 9(3) of the Aarhus Convention takes citizen enforcement one step further than has been done before. The vague wording of the provision is, however, a disadvantage and has led to divergent interpretations.