Aarhus Convention Compliance Committee: Origins, Status and Activities

Jendrośka, Jerzy

doi:10.1163/187601011x604212

Cited by 6 publications

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“…However, it should be noted that the expectation of vigorous enforcement of the Aarhus Convention by the European Court of Justice has not yet come to fruition. 114…”

Section: Non-compliance Mechanisms Under the Iashr: Overlapmentioning

confidence: 99%

The Right to a Healthy Environment in Latin America and the Caribbean

Tigre

2024

International Courts Versus Non-Compliance Mechanisms

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Compliance through the Inter-American System and the Escazú Agreement    IntroductionLatin America and the Caribbean (LAC) is a region filled with paradoxes: it is uniquely biologically rich and relies heavily on primary products and natural resources, with economies driven by external commodity demands. 1 As LAC continues to pursue 'development', 2 important ecosystems and ecological processes are affected. It is also the deadliest region for environmental defenders, with countries consistently placing first in global rankings. 3 At the same time, LAC is a leading region in the recognition of the right to a healthy environment, with the majority of countries havingThe author would like to thank Lavinia Bhaskaruni for research assistance and Natalia Urzola, Alexandra Harrington, and Gastón Medici Colombo for helpful comments on earlier drafts of this chapter. This chapter was also significantly improved by a rich discussion at the

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“…However, it should be noted that the expectation of vigorous enforcement of the Aarhus Convention by the European Court of Justice has not yet come to fruition. 114…”

Section: Non-compliance Mechanisms Under the Iashr: Overlapmentioning

confidence: 99%

The Right to a Healthy Environment in Latin America and the Caribbean

Tigre

2024

International Courts Versus Non-Compliance Mechanisms

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“…The compliance mechanism was 'one of the most contentious issues during negotiations' 18 and Article 15 emerged as 'merely an enabling clause' 19 for the process of setting up the Committee. The Committee's creation turned out to be challenging because of the open-ended formulation of Article 15.…”

Section: The Committee As An Optional Arrangement For Compliance Reviewmentioning

confidence: 99%

Non-Judicial, Advisory, Yet Impactful? The Aarhus Convention Compliance Committee as a Gateway to Environmental Justice

Samvel

2020

TEL

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AbstractIn accordance with Article 15 of the Aarhus Convention, the first meeting of the parties to this Convention established a non-judicial and consultative Compliance Committee to consider, among other matters, individual cases concerning compliance by parties with their obligations. The Committee is traditionally viewed as a non-judicial, soft mechanism and its rulings as non-binding, soft law. In recent years, however, to support the claim that rulings of the Committee have an impact and legal effects, some scholars have departed from the traditional perspective and characterized the Committee as a more judicialized mechanism, which issues legally binding rulings.This characterization assumes a correlation between judicialization and binding effect on the one hand, and legal effect on the other. The latter claim, however, has not been supported by a systematic assessment of the impact of the Committee's rulings on domestic practice. Against this background, the article assesses the impact of Article 9-related rulings of the Committee, issued between 2004 and 2012, on national legal orders. The assessment reveals that in fewer than 41% of the cases parties recorded some degree of compliance with the rulings of the Committee, whereas in 59% they recorded no progress. The quantitative assessment and respective qualitative insights, among other factors, suggest that the normative character of the Committee and its rulings play an auxiliary role in the process of ensuring compliance with the provisions of the Aarhus Convention. The decision of parties to comply is determined typically by the substance of the rulings as they stand in relation to domestic circumstances rather than by the institutional features of the Committee and binding effect of its rulings.

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“…377 Articles 4, 6, 7 and 9 Aarhus Convention. Article 15 Aarhus Convention has led to the adoption of "The Aarhus Convention: An Implementation Guide", which is used to interpret the provisions in the Convention, seeJendrośka, JEEPL 2011/8(4). A supervisory body has also been established, namely the Aarhus Convention Compliance Committee (the Compliance Committee), which oversees compliance with this treaty by the contracting parties.…”

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confidence: 99%

The programmatic approach in environmental law

Braaksma¹

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Environment' is interpreted broadly: it not only refers to the inanimate components of our surroundings -such as air, water and land -but also includes living components and their interrelationship with different habitats. This broad definition aims to capture the interconnectedness between humankind and the natural world, see Schneider 1979, preface. 2 IPCC Report 2021. For example, finding A.1 states that "[i]t is unequivocal that human influence has warmed the atmosphere, ocean and land." Finding A.1.1 specifically mentions that: "[o]bserved increases in well-mixed greenhouse gas (GHG) concentrations since around 1750 are unequivocally caused by human activities."

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Aarhus Convention Compliance Committee: Origins, Status and Activities

Cited by 6 publications

References 0 publications

The Right to a Healthy Environment in Latin America and the Caribbean

The Right to a Healthy Environment in Latin America and the Caribbean

Non-Judicial, Advisory, Yet Impactful? The Aarhus Convention Compliance Committee as a Gateway to Environmental Justice

The programmatic approach in environmental law

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