The Foundations of the Aarhus Convention : Environmental Democracy, Rights and Stewardship

Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention’s character? This important monograph digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental democracy, rights and stewardship. In so doing, it offers an innovative analysis of the Convention and contributes to how we understand these three important ideas that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions. "This important new monograph offers an innovative new analysis of the Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generating its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention, an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character. This book digs deep into the foundations of the Aarhus Convention, illuminating its ambitious potential through the lens of three foundational purposes - environmental rights, democracy, and stewardship. In so doing, it both contributes to our understanding of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions"-- Provided by publisher This important new monograph offers an innovative new analysis of the Aarhus Convention. Environmental law is dense with monolithic concepts, from environmental democracy to intergenerational justice, from sustainable development to stewardship. Each concept generates its own mythology about what environmental law should aspire to. Sometimes these ideas become so big that we lose hold of their meaning and therefore what we allude to when we describe environmental law in such terms. No more so is this true than in relation to the Aarhus Convention – an ambitious instrument of environmental law that promotes public participation and access to justice in relation to the environment. Since its inception it has been revered in glowing terms, and praised variously for its contribution to citizenship, environmental responsibility and democratic legitimacy. But how are we to know whether these descriptions are mere puffs or genuine statements about the Convention's character? This book digs deep into the foundations of the Aarhus Convention, examining its ambitious potential through the lens of three foundational purposes – environmental rights, democracy and stewardship. In so doing, it contributes to our understanding both of the Convention and our understanding of three important purposes that inhabit environmental law, unravelling and reassembling them to build meaning into our broad-brush descriptions. Acknowledgements Table of Contents Introduction 1. The Philosophical Scope of the Aarhus Convention I. Introduction II. Constructing the Convention III. Understanding the Aarhus Convention IV. Conclusion 2. The Three Purposes I. Introduction II. A Purpose-Driven Approach III. The Ambition of Environmental Democracy IV. The Ambiguity of Environmental Rights V. The Air of Environmental Stewardship VI. Conclusion 3. Environmental Democracy I. Introduction II. The Narrative of Democracy III. The Complexities of Environmental Decision-Making IV. The Dimensions of Environmental Democracy V. Conclusion 4. Environmental Rights I. Introduction II. Rights Territory III. Environmental Ground IV. Conclusion 5. Environmental Stewardship I. Introduction II. Environmental Stewardship, An Artist's Impression III. Elements of Stewardship IV. Conclusion 6. Interpretive Possibilities I. Introduction II. The Purposive Approach III. Environmental Democracy in the Context of the Aarhus Convention IV. Environmental Rights in the Context of the Aarhus Convention V. Environmental Stewardship in the Context of the Aarhus Convention VI. Conclusion 7. Conclusion I. Introduction II. Negative Capability III. An Affair to Remember Index "The book will equip the UK lawyer - whether notary, barrister or solicitor - with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious or non-contentions legal proceedings. The book takes a two part approach. In part one it will focus on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects and the typical domestic options to challenge such authentic instruments. Part two will then examine and analyse authentic instruments under specific European Union private international law regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such. Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field"-- Provided by publisher