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30 - The Role of Civil Society

Published online by Cambridge University Press:  10 August 2009

Svitlana Kravchencko
Affiliation:
Ukraine
Adrian J. Bradbrook
Affiliation:
University of Adelaide
Rosemary Lyster
Affiliation:
University of Sydney
Richard L. Ottinger
Affiliation:
Pace University, New York
Wang Xi
Affiliation:
Shanghai Jiao Tong University, China
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Summary

INTRODUCTION

The role of civil society is becoming a major aspect of international law. Nongovernmental organizations (NGOs) and individuals are becoming actors in international law in general and in international environmental law in particular. The environmental rights of citizens are being recognized on the international level (globally and regionally) and the national level. The role of citizens and NGOs in decision making is helping to prevent or mitigate adverse impacts on environment. Citizens' rights to access to information and public participation are prerequisites to the successful management of sustainable energy regimes.

Why is public participation important? Some governmental officials are likely to think that public participation is an unnecessary burden. It may appear to make decision making processes more complicated and time consuming. On the other hand, the public may suggest alternative solutions that will increase the quality of the decision and save resources and money. An improved decision may decrease or prevent negative impacts on the environment. Transparency of decision making also helps to avoid corruption. Since economically powerful private interests will always find a way to participate, even without legal provisions, allowing public participation can provide a counterbalance of forces, allowing well-intentioned civil servants to carry out their responsibilities free of outside pressure.

ENVIRONMENTAL RIGHTS IN INTERNATIONAL LAW

One of the foremost instances of civil society becoming active partners in important government decisions is in the field of environmental rights. These rights are being recognized at the global, regional, and national levels.

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Publisher: Cambridge University Press
Print publication year: 2005

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