Efficiency in Flexibility?
Edited by Pierre-Marie Dupuy and Luisa Vierucci
Chapter 4: Controversial Developments in the Field of Public Participation in the International Environmental Law Process
4. Controversial developments in the field of public participation in the international environmental law process Attila Tanzi1 ENVIRONMENTAL GOVERNANCE AND THE ROLE OF NON-STATE ACTORS The protection and preservation of the environment is certainly one of the areas in which the traditional regulatory power of nation-states faces challenges more difficult than in others. Since environmental issues can hardly be confined within the national borders of one state, domestic legislation, as such, may never tackle appropriately transboundary issues and, even more so, global environmental problems, such as climate change. Furthermore, domestic regulatory constraints in this field may be easily circumvented, particularly in the current context of globalization, by transferring polluting activities to states with lower standards of environmental protection. Such considerations account for the fact that, since its inception, environmental law has always had a primarily international vocation. Through international environmental law, states create and undertake obligations in relation to issues that may have, not only a transboundary impact (for example in the use, management and protection of international rivers and lakes) but also a global relevance, that is with regard to the atmosphere, or biodiversity. This internationalization of the individual states’ regulatory powers has attracted the attention of those actors that for a long time have not been involved in international law making and enforcement, and whose interests are most directly affected by environmental policies. On the one hand, one finds the socalled PINGOs (public interest NGOs), who are supposed to represent the civil Although the author has been a...
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