ENVIRONMENTAL RULE OF LAW IN LIGHT OF GLOBAL REPORTS ON THE ENVIRONMENTAL RULE OF LAW
2024, 104, Numer 1
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The concept of environmental rule of law is genetically placed in the context of broader rule-of-law principles. Similarly to the general concept of the rule of law, the environmental rule of law focuses on fair, clear and implementable environmental laws; public participation in decision-making; access to justice; access to information; accountability and integrity of institutions and decision-makers; clear and coordinated mandates and roles across and within institutions; accessible, fair and timely dispute resolution mechanisms; recognition of the mutually reinforcing relationship between human rights and environment. All of these elements of the environmental rule of law were in some way assessed in the First Global Report on Environmental Rule of Law (2019), (hereafter as the First Report) and in the second report – Environmental Rule of Law: Tracking Progress and Charting Future Directions (2023), (hereafter as the Second Report), which undoubtedly has contributed to the systemic approach to the environmental rule of law. This paper discusses some systemic issues of the environmental rule of law in the light of these reports findings that give a global prospect on the implementation of the environmental rule of law. It follows from them that the environmental rule of law should be considered as a basis before adopting any document and acting on environmental policy and law provides framework standards for addressing the gap between theory and practice of environmental law. As has been pointed out in the Second Report, the environmental rule of law is lately transforming due to such factors like technical innovation, the COVID-19 pandemic, and the rise of social justice movement inter alia, challenging standards of the environmental rule of law. The article comprises 4 parts. The first concerns the concept and context, the second one presents specific features and core elements of the environmental rule of law, the third – points to the benefits of compliance with the environmental rule of law. Some summarizing conclusions have been included in the fourth part.
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Bibliografia
Dan Tarlock A, 'The Future of Environmental Rule of Law Litigation', Pace Environmental Law Review 19(2002), 2002 Special Edition (2002 Addendum) <https://digitalcommons.pace.edu/pelr/vol19/iss2/6 > accessed 21 October 2024 https://doi.org/10.58948/0738-6206.1268
Fredriksson P, Mani M, 'The Rule of Law and the Pattern of Environmental Protection', IMF Working Paper, WP/|02/49, March 2002, https://www.imf.org/external/pub/ft/wp/2002/wp0249.pdf accessed 21 October 2024 https://doi.org/10.5089/9781451846850.001
Karpus K, Karpus Z, 'Environmental Rule of Law and Article 2 of the 1997 Polish Constitution', Przegląd Prawa Konstytucyjnego <https://doi.org/10.15804/ppk.2023.03.17> accessed 29 October 2024
Kotze LJ, French D, 'The Anthropocentric Ontology of International Environmental Law and the Sustainable Development Goals: Towards an Ecocentric Rule of Law in the Anthorpocene', Global Journal of Comparative Law 7(1) 2018 https://doi.org/10.1163/2211906X-00701002
Kreilhuber A, Kariuki A, ‘Environmental Rule of Law in the Context of Sustainable Development’, The Georgetown Environmental Law Review, Vol 32 <https://www.law.georgetown/environmental-law-review/wp-content/uploads/sites/18/2020/08/GT-GELR> accessed 21 October 2024
Manguiat MS ‘Environmental Rule of Law as a Key to Strengthening the Response to Climate Crisis: a Comment’, UCL Research Paper Series, No 9|2022. <https://papers.ssrn.com/sol3/papers.afm?abstract_id=4184900> accessed 21 October 2024
Oral E, ‘The Environmental rule of law and the protection of human rights defenders; law, society and markets’, International Environmental Agreements: Politics, Law, and Economics 2024 <https://link.springer.com.article/10.1007/s10784-02-09645-x> accessed 21 October 2024
The First Global Report on Environmental Rule of Law of 2019: <https://www.unep.org/resources/assessment/environmental-rule-law-first-global-report> accessed 20 October 2024
The Second Report of 2023: Environmental Rule of Law: Tracking Progress and Charting Future Directions <https:https://www.unep.org/publication/environmental-rule-law-tracking-progrss-and-charting-future-directions> accessed 17 December 2023
The Report ‘Our Common Future’ <https://sustainabledevelopment/un.org/content/document/5987-our-common-future> accessed 20 October 2024
The UN Secretary-General Report, The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, U.N. Doc. S/2004/616
United Nations Conference on Human Environment, the Stockholm Declaration and Action Plan for the Human Environment, U.N. doc. A/CONF.48/14/Rev.1
United Nations Conference on Environment and Development, the Rio Declaration on Environment and Development, U.N. doc. A/Conf.151/26/Rev.1(Vol. 1)
United Nations Conference on Sustainable Development, The Future we Want, G.A. Resolution 66/288, 12, U.N. doc. A/Res.66/288 Voight Ch (ed), ‘Rule of Law for Nature. New Dimensions and Ideas in Environmental Law’, Cambridge 2013
World Declaration on the Environmental Rule of Law, <https://www.iucn.org/sites/dev.files/contents/documents/english_world_declaration_on_the_environmental_rule_of_law_final> accessed on 21 October 2024110
Wright D, ‘Environmental Rule of Law: In need of coherence in contested terrain’, McGill International Journal of Sustainable Development Law and Policy, Vol 15, No 1, 2020 <https://papers.ssrn.com/sol3/papers.afm?abstract_id=3527784> accessed 21 October 2024
‘Issue Brief SDG 16, Human rights and the environmental rule of law’, U.N. Environmental Programme, <https://wedocs.unep.org/bistream/handle/20.5000.11822/35408/SDG16> accessed 21 October 2024