Access to Justice: Remedies -- Article 9.4 of the Aarhus Convention and the Requirement for Adequate and Effective Remedies, Including Injunctive Relief

92 Pages Posted: 18 Aug 2013 Last revised: 29 Dec 2013

See all articles by Yaffa Epstein

Yaffa Epstein

Uppsala University, Faculty of Law

Date Written: March 9, 2011

Abstract

The Aarhus Convention requires that its parties make available to the public procedures that “provide adequate and effective remedies, including injunctive relief as appropriate, and [are] fair, equitable, timely and not prohibitively expensive.” In order to meet this requirement, it is imperative that procedures provide a means to actually prevent environmental harm. Unfortunately, there are numerous examples of court decisions that are victories for environmental protection on paper but defeats in practice because of an inability to stop the damaging activity while the case was being considered. Once environmental damage occurs, it is often irreversible.

This study summarizes remedies in environmental matters in thirty parties to the Aarhus Convention, as of 2011. It briefly outlines the administrative and judicial procedures in each country and describes the available procedural remedies. It then offers conclusions and raises issues for further inquiry. This study does not include the EECCA countries, which are being separately studied by others, or many of the Balkan countries, about which little secondary material was available.

This study was commissioned by and presented to the Aarhus Convention Task Force on Access to Justice.

Keywords: Aarhus Convention, Århus Convention, remedies, access to justice, injunction, standing

Suggested Citation

Epstein, Yaffa, Access to Justice: Remedies -- Article 9.4 of the Aarhus Convention and the Requirement for Adequate and Effective Remedies, Including Injunctive Relief (March 9, 2011). Available at SSRN: https://ssrn.com/abstract=2311559 or http://dx.doi.org/10.2139/ssrn.2311559

Yaffa Epstein (Contact Author)

Uppsala University, Faculty of Law ( email )

Uppsala
Sweden

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