Procedural Environmental Rights: An Examination of Procedural Rights in International Environmental Law

This paper articulates an overview of the emergence and impact of procedural environmental rights in international law. International and regional instruments are providing mechanisms for individuals and civil society actors to participate in environmental decision making, access related information, and to hold states and public bodies accountable. These developments represent a larger trajectory concerning the intersection of human rights and environmental law against the backdrop of the climate emergency and the biodiversity crisis. The paper discusses the conceptual function and limitations of procedural environmental rights, before considering the evolution of these rights in international environmental law. It also examines the Aarhus Convention, as one of the key treaties in this area, with a focus on its implementation structures aimed at fostering compliance by state parties. This point is elaborated by considering how the Aarhus Convention is affecting environmental procedural processes in Ireland. An analysis contributes to on-going discussions regarding the overlap of procedural environmental rights and human rights more broadly, the centrality and challenges of compliance with international environmental law, and progress in strengthening environmental democratic mechanisms.