The Submissions on Enforcement Matters Process of the Commission for Environmental Cooperation

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America’s environment through the North American Agreement on Environmental Cooperation (NAAEC), which came into force at the same time as the North American Free Trade Agreement (NAFTA). Articles 14 and 15 of the NAAEC provide for a procedure known as the Submissions on Enforcement …   Continue readingThe Submissions on Enforcement Matters Process of the Commission for Environmental Cooperation

The Taking Stock Programme of the North American Commission for Environmental Cooperation

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America's environment through the North American Agreement on Environmental Cooperation (NAAEC), which came into force at the same time as the North American Free Trade Agreement (NAFTA). The NAAEC established an intergovernmental organization, the Commission for Environmental …   Continue readingThe Taking Stock Programme of the North American Commission for Environmental Cooperation

Regional Instrument on the Rights of Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean

During the Rio+20 UN Conference on Sustainable Development, ten States from the Latin American and the Caribbean (LAC) region subscribed to a Declaration on Principle 10. By 2014, nine more countries had signed the Declaration, representing more than half of all LAC countries. The signatory countries, which include Argentina, Brazil, Chile, and Jamaica, expressed their …   Continue readingRegional Instrument on the Rights of Access to Information, Participation and Justice in Environmental Matters in Latin America and the Caribbean

Economic Community of West African States (ECOWAS) Court of Justice’s Judgment in Socio-Economic Rights and Accountability Project (SERAP) v. Nigeria

Articles 6 and 15 of the Revised Treaty of the Economic Community of West African States (ECOWAS) establish the ECOWAS Court of Justice. The Court is mandated to ensure the observance of law and of the principles of equity, and to interpret and apply the provisions of the revised ECOWAS Treaty and all other subsidiary legal instruments adopted by ECOWAS. Among its other …   Continue readingEconomic Community of West African States (ECOWAS) Court of Justice’s Judgment in Socio-Economic Rights and Accountability Project (SERAP) v. Nigeria

Environmental Jurisprudence of the European Court of Human Rights

The European Court of Human Rights (ECHR), based in Strasbourg, was established in 1959 with the mandate to review alleged violations of the civil and political rights set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms. Since 1998, individuals can apply to the Court directly. The Court and the Convention are an essential part of …   Continue readingEnvironmental Jurisprudence of the European Court of Human Rights

Indigenous Peoples’ Property Rights – Jurisprudence of the Inter-American Court of Human Rights

The Inter-American Court of Human Rights applies and interprets the American Convention on Human Rights in respect to the 20 State Parties who have agreed to the Court’s contentious jurisdiction. Only a State Party or the Inter-American Commission on Human Rights has the capacity to bring cases before the Court. The Court has developed a strong jurisprudence on …   Continue readingIndigenous Peoples’ Property Rights – Jurisprudence of the Inter-American Court of Human Rights

Actions of the African Commission on Human and Peoples’ Rights

The African Charter on Human and Peoples’ Rights sets out a wide spectrum of human rights, including, in Article 24, the right of all peoples to “a general satisfactory environment favourable to their development”, and in Article 16(1), the right of every individual “to enjoy the best attainable state of physical and mental health.” The Charter established …   Continue readingActions of the African Commission on Human and Peoples’ Rights

Measures of the Inter-American Court of Human Rights and the Inter-American Human Rights Commission to Protect Environmental Human Rights Defenders

The Inter-American Court of Human Rights (the Court), which applies and interprets the American Convention on Human Rights in respect to the 20 State Parties that have agreed to the Court’s contentious jurisdiction, and the Inter-American Commission on Human Rights (IACHR), the organ responsible for promoting the observance and defence of human rights in all Member …   Continue readingMeasures of the Inter-American Court of Human Rights and the Inter-American Human Rights Commission to Protect Environmental Human Rights Defenders

ASEAN Intergovernmental Commission on Human Rights Workshop on Human Rights, Environment and Climate Change

The ASEAN Intergovernmental Commission on Human Rights (AICHR) was established as the human rights body of the Association of Southeast Asian Nations (ASEAN) in 2009 to promote and protect human rights and fundamental freedoms of the peoples of ASEAN. The AICHR organised a Workshop on Human Rights, Environment and Climate Change in Yangon, Myanmar from 13 to 15 September …   Continue readingASEAN Intergovernmental Commission on Human Rights Workshop on Human Rights, Environment and Climate Change

Nordic Environmental Protection Convention

The Nordic Environmental Protection Convention, which entered into force on 5 October 1976, promotes international cooperation in remedying transboundary environmental harm by, among other things, allowing reciprocal access to domestic legal remedies between residents of State Parties to the treaty. Article 2 of the Convention incorporates the principle of …   Continue readingNordic Environmental Protection Convention

Asian Judges Symposium on Environmental Decision Making, the Rule of Law, and Environmental Justice and the Asian Judges Network on Environment

In July 2010, the Asian Development Bank hosted the first of three Asian Judges Symposiums on Environmental Decision Making, the Rule of Law, and Environmental Justice. Around 120 senior judges, environment ministry officials, members of civil society, and experts in environmental law discussed ways to promote environment protection through effective environmental …   Continue readingAsian Judges Symposium on Environmental Decision Making, the Rule of Law, and Environmental Justice and the Asian Judges Network on Environment

(Aarhus) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters

The Aarhus Convention is a regional instrument on the rights to access of information, participation, and access to justice, enshrined in Principle 10 of the 1992 Rio Declaration. Adopted in June 1998, the Aarhus Convention states that in order to “contribute to the protection of the right of every person of present and future generations to live in an environment …   Continue reading(Aarhus) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters

Canada-U.S. Uniform Transboundary Pollution Reciprocal Access Act (Model Law)

In 1982, a liaison committee of the U.S. National Conference of Commissioners on Uniform State Laws and the Canadian Uniform Law Conference drafted a model law entitled the Uniform Transboundary Pollution Reciprocal Access Act. Its key provision states that “[a] person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction …   Continue readingCanada-U.S. Uniform Transboundary Pollution Reciprocal Access Act (Model Law)

(Espoo) Convention on Environmental Impact Assessment in a Transboundary Context

The Espoo Convention, which entered into force in 1997, obligates its Parties to assess the environmental impacts of certain activities that may cause transboundary environmental harm at an early stage of planning. The Convention also obligates States to notify and consult with affected States with respect to certain proposed projects that are likely to have a significant …   Continue reading(Espoo) Convention on Environmental Impact Assessment in a Transboundary Context

The Joint Public Advisory Committee of the North American Commission for Environmental Cooperation

Since 1994, Canada, Mexico and the United States have collaborated in protecting North America's environment through the North American Agreement on Environmental Cooperation (NAAEC), which came into force at the same time as the North American Free Trade Agreement (NAFTA). The NAAEC established an intergovernmental organization, the Commission for Environmental …   Continue readingThe Joint Public Advisory Committee of the North American Commission for Environmental Cooperation