Abstract
In recent years, the critical role of civil society and the public in protecting the environment has become clear. International declarations and agreements such as the 1992 Rio Declaration increasingly recognise the role that individuals (including citizens and non-citizens), non-governmental organisations, and local governments have in sustainable management of natural resources and in protecting critically important areas. Countries are starting to give life to environmental governance principles by establishing institutions that guarantee public access to the decisionmaking process, as well as by creating and clarifying substantive rights to information, participation, and justice. In fact, many African nations have enshrined these guarantees in their constitutions.1
The author expresses his appreciation to Sara van de Kappelle, Stefannie Bernstein, and Jessica Yarnall for their research assistance and to Jay Austin and Kevin Gray for their thoughtful comments on earlier drafts. Resources for research conducted under this project wereprovided by the United States Agency for International Development and the John D. and Catherine T. MacArthur Foundation. A more detailed version of this paper was published as Carl E. Bruch & Roman Czebiniak, Globalising (2002), “Environmental Governance: Making the Leap from Regional Initiatives on Transparency, Participation, and Accountability in Environmental Matters”, 32 Envt’l L Rep. 10428.
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References
See generally C. Bruch (2000) et al., “Constitutional Environmental Law: Giving Force to Fundamental Principles in Africa” 26 Colum. J. Envtl. L. 131 (2001) (also noting the nascent state of implementation of these provisions in most African nations).
UN/ECE Convention on Access to Information, Public Participation in Decisionmaking and Access to Justice in Environmental Matters, adopted at Aarhus, Denmark on 25 June 1998, entered into force 30 October 2001, ECE/CEP/43. The 55 Member States of the UN/ECE include the nations of West, Central and Eastern Europe, the Newly Independent States of the Former Soviet Union, Israel, Turkey, Canada, and the United States/oes/eceintro.htm. http://www.unece.org/oes/eceintro.htm (visited 13 February 2002).
Organisation of American States Inter-American Council for Integral Development (OAS CIDI), Inter American Strategy for the Promotion of Public Participation in Decision Making for Sustainable Development, CIDI/RES. 98 (V-O/00), OEA/Ser.W/II.5, CIDI/doc.25/00 (20 April 2000), adopting Organisation of American States, Unit for Sustainable Development and Environment, Inter-American Strategy for the Promotion of Public Participation in Decision-Making for Sustainable Development, December 1999.
Towards Good Practices for Public Involvement in Environmental Policies (Draft 28 June 2001), (Towards Good Practices (2001)) produced by AEETC for the Consideration of the Environment Minister’s Meeting, available at http://www.vyh.fi/eng/intcoop/regional/asian/asem/junedraftl.RTF and http://www.vyh.fi/eng/intcoop/regional/asian/asem/asia.htm (visited 20 February 2002). See generally ASEM Official Home Page http://asem.inter.net.th/; Asian Cooperation: The ASEM Process http://www.vyh.fi/eng/intcoop/regional/asian/asem/asia.htm (visited 25 January 2002); personal communication from Eeva Furman, Finland Environment Institute, to Carl Bruch, Environmental Law Institute (7 August 2001).
These include the North American Agreement on Environmental Cooperation (NAAEC), (1993) (entered into force 1 January 1994),reprinted at 32 I.L.M. 1480; Memorandum of Understanding between the Republic ofKenya and the United Republic of Tanzania and the Republic of Uganda for Cooperation on Environmental Management (1998) done at Nairobi, 22 October 1998; Charter of Civil Society for the Caribbean Community, done at St. Johns, Antigua and Barbuda (1997) (Caricom Civil Society Charteer), 19 February 1997, CARICOM Governments, available at www.caricom.org/chartercivilsoc.html. The Mediterranean Commission on Sustainable Development has also considered the importance of public involvement, but has yet to develop a more formal initiative. See Recommendations and Proposals for Action on the Theme of Information, Public Awareness, Environmental Education and Participation, U.N. Doc. UNEP(OCA)/MED IG.12/9, Annex IV, Appendix I (adopted in Malta, 27–30 October 1999). For more information on these initiatives.
UNGA Res. 217A (III).
To be certain, some countries have extensive experience in incorporating environmental concerns into the decision-making processes. E.g., National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321–4370d (creating environmental impact assessment and incorporating environmental priorities into governmental decision-making processes). Nevertheless, environmental agencies and organisations worldwide increasingly recognize the importance of the procedural aspects of governing the environment.
E.g., (1990) Directive 90/313/EEC of 7 June 1990 on the Freedom of Access to Information on the Environment.
For a good history of international instruments incorporating public participation principles, see S. Stec & S. Casey-Lefkowitz (2000), The Aarhus Convention: An Implementation Guide (Regional Environment Center, 2000), at 10–14, available at http://www.unece.org/env/pp/acig.htm.
E.g., A. Babich (1995), “Citizen Suits: The Teeth in Public Participation”, 25Envt’l L Rep 10141; S. Casey-Lefkowitz (1997), “A Comparative Look at the Role of Citizens in Environmental Enforcement”, (June 1997) Nat’l Envtl Enforcement J 29.
See C. Bruch et al., n. 1 above, at 41–42; T.A. Lissu (2000) “Repackaging Authoritarianism: NGO Policy Reform and the Freedom of Association and Expression in Tanzania,” LEA T Research Report Series No. 1 (May 2000).
International Covenant on Civil and Political Rights, done at New York on 16 December 1966, entered into force 23 March 1976, art. 19(2), U.N.G.A. Res. 2200 (XXI), 21 U.N. GAOR, Supp. (No. 16) 52, U.N. Doc. A/6316, reprinted in 6 I.L.M. 368 (1967).
World Charter for Nature, adopted by the U.N. General Assembly, 28 October 1982, arts. 18 & 23, U.N.G.A. Res. 37/7, U.N. GAOR Supp. (No. 51) 21, U.N. Doc. A/37/L.4 and Add. 1(1982);see also ibid., arts. 15, 18.
Convention to Combat Desertification, (1994) 33 ILM 1016.
Ibid., art. 10(2)(e), (f).
United Nations Framework Convention on Biological Diversity, done 2 June 1992, entered into force 29 December 1993, U.N. Doc. DPI/130/7, reprinted in 31 I.L.M. 818 (1992), at art. 14(1)(a) (encouraging public participation in “environmental impact assessment of proposed projects that are likely to have significant adverse effects on biological diversity”), art. 17 (promoting the exchange of publicly available information). The Biosafety Protocol to the CBD also relies on access to information (Articles 20, 23(1), and 23(3)) and public participation (Articles 23(2) and 29(8))See, e.g., R.M. Saines (2001), “Rotterdam Treaty on PIC and Biosafety Protocol: Examples of Increased Transparency, Technology Sharing, and Accountability in International Law,” 24 (BNA) Int’l Envtl. Rep. 623 (2001).
WTO AB 12 October 1998, United States — Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R (AB-1998–4), at 31; but see ibid., at 35–36 (noting that amicus curiae— or “friend of the court”— briefs not submitted as attachments to a party’s filings should not be considered); see also S. Pyatt (1999), “The WTO Sea Turtle Decision,” 26 Envtl. L.Q. 815–837.
E.g., North American Commission for Environmental Cooperation Communication of 18 May 1999 on the Draft Framework for Public Participation in Commission for Environmental Cooperation Activities, C/DIR/01/Rev.6; ICTSD (1999), “Accreditation Schemes and Arrangements for Public Participation in Accreditation Schemes and Other Arrangements For Public Participation in International For a; M. Prieur (1998), “Environmental Agreements: Legal Aspects,” 7Rev. Eur. Community &Int’lEnvtl. L. 301 (1998); C. Ciorgetti (1998), “The Role of Nongovernmental Organisations in the Climate Change Negotiations,” 9 Colo. J. Int’l Envtl. L. & Pol’y 115; see also C. Bruch (2001), “Public Involvement in the Management of International Watercourses,” 31 Envtl. L. Rep. 11389.
K. Annan, Foreword, in S. Stec & S. Casey-Lefkowitz (2000), The Aarhus Convention: An Implementation Guide (Sventandre: Regional Environment Center) at v.
For example, in Europe, consider the Salzburg Declaration on the Protection of the Right of Information and of Participation (1980), adopted by the Second European Conference on the Environment and Human Rights, at Salzburg, 3 December 1980.
African Charter on Human and Peoples’ Rights, done at Banjul on 26 June 1981, entered into force 21 October 1986, O.A.U. Doc. CAB/LEG/67/3 Rev. 5, reprinted in 21 I.L.M. 59 (1982).
See C. Bruch (2000) at 41–62 (surveying constitutional provisions in African nations governing freedom of association (all nations), access to information (21 nations), public participation (5 nations), and access to justice (more than 35 nations).
See ibid. , at 11–28.
Art. 3.5.
Art. 2.2.
Art. 3.9.
Art. 2.3.
Art. 2(2) (defining “public authority”).
Art. 4.1.
Art. 4.2.
Art. 4.4; see also art. 4.3.
Art. 4.4.
Art. 4.5.
Art. 4.7.
Art.. 4.8.
Ibid., art. 5.1(a).
Art. 5.1(c)
Ibid., art. 5.2.
Art. 5.3.
Art. 5.4.
Art. 5(9).
For more information on PRTR, see Global Chemical Right-to-Know Resources, http://www/maperuzin.com/globalchem.htm (with links to right-to-know initiatives around the world); OECD PRTR Documents, http://www.oecd.org/ehs/ehsmono/#PRTRS (with documents in English, Russian, and French); and the UNEP webpage on PRTR, http://irptc.unep.ch/prtr/.
R. Percival et al. (1992), Environmental Regulation: Law, Science, and Policy, at 624–26.
Ibid.
Ibid., at 626 (noting how Unocal substituted a solvent derived from citrus peel for methyl chloroform, an ozone-depleting chemical).
See ibid., at 626–27 (providing examples of how the U.S. Congress and Environmental Protection Agency used PRTR information in shaping environmental law and policy).
See generally “Aarhus PRTR Task Force,” available at http://www.ecn.cz/prtr-tf/ (visited 25 January 2002).
Arts. 5.5, 5.7.
Arts. 5.6, 5.8.
Ibid., art. 2.5; see also art. 2.4 (defining “the public” to mean “one or more natural or legal persons, and, in accordance with national legislation or practice, their associations, ORGANISations or groups.”).
Art. 2.5.
Art 6.1(a).
J Wates (1999) “Introducing the Åarhus Convention: A New International Law on Citizens’ Environmental Rights,” Background Paper distributed at the Pan-European ECO Forum Conference on Public Participation, Chisinau, Moldova, 16–18 April 1999, at 4.
Aarhus Convention, n. 2 above, art. 6.1(b).
Art. 6.1(c).
Art. 6.2; see also art. 6.3.
Art. 6.4.
Art. 6.6.
Art. 6.7.
Arts. 6.8, 6.9.
See Wates (1999) at 5 (noting that the scope of this provision is potentially vast, as “relating to the environment” could include broad sectoral activities such as energy, transportation, and farming).
Art. 9.4.
Art. 9.5.
See Wates (1999) at 5 (noting that “the latter option [was] included to accommodate those countries which have a well-functioning office of Ombudsperson.”).
For more information on the history leading up to the Aarhus Convention, see the UN/ECE web page (www.unece.org/env/pp), the web page for the European environmental ctizens’ organisations (ECOs; at www.participate.org), and Wates (1999) above.
See http://www.unece.org/env/pp/ctreaty.htm (visited 2 August 2002).
UN/ECE Convention on Environmental Impact Assessment in a Transboundary Context, (1991) 30 ILM 802.
Water and Health Protocol to the Convention on the Protection and Use of International Watercourses and Transboundary Lakes, done at London on 18 June 1999, arts. 10 (access to public information), 5i (access to information and public participation), and 15 (public participation in compliance).
United Nations Economic Commission for Europe (UN/ECE),Draft Elements for a Protocol on Strategic Environmental Assessment, 8 March 2001, MP.EIA/AC.1/2001/3, available at http://www.unece.org/env/documents/2001/eia/ac1/mp.eia.ac.1.2001.3.e.pdf.
See UN/ECE/UNEP Consultation on Promoting the Application of Principle 10 of the Rio Declaration (Rome, 20 May 2000) (draft meeting report, on file with author).
ISP, n. 3 above, at 2.
The North American Agreement on Environmental Cooperation(1993) is another important regional instrument, which was established to promote compliance with environmental laws and advance transparency and public participation. See also CARICOM Civil Society Charter (1997).
E.g., OAS G.A. Res. 1707 (2000) (endorsing the Guidelines for the Participation of Civil Society Organisations in OAS Activities, approved by the Permanent Council, Dec. 15, 1999, CP/RES. 759 (1217/99)); see generally Permanent Council of the Organization of American States, Committee on Civil Society Participation in OAS Activities, Background Information on Civil Society Participation in OAS Activities, OEA/Ser.G, CP/CSC-3/99, 26 August 1999, available at http://www.civilsociety.oas.org/CSC-3–99.htm; AG/RES.1661,The Organization of American States and Civil Society, XXIX General Assembly of the OAS, Guatemala City, Guatemala, 7 June 1999; AG/RES.1668, “Strengthening Cooperation Between Governments and Civil Society,” XXIX General Assembly of the OAS, Guatemala City, Guatemala, 7 June 1999.
The 10 Asian nations are Brunei, China, Indonesia, Japan, Malaysia, the Philippines, Singapore, South Korea, Thailand, and Vietnam.
See AEETC Strategy on Involvement of the Public in Environmental Aspects, Adopted by the AEETC Pilot Phase Guidance Group 00/02000; http://www.aeetc.org.
See Towards Good Practice (2001).
All citations to the Draft ASEM Elements of Good Practice are to the June 28, 2001 Draft.
Art. 1.
Art. 8.
Art. 7.
Arts. 4–6.
Art. 4.
Arts. 4,9.
Art. 14.
Arts. 18, 24.
Arts. 21, 24.
Art. 23.
Arts. 23, 21.
Art. 26.
Arts. 27–29.
Article 28, Appendix 3.
Arts. 30–36.
Art. 9.
Art. 19.
In the context of environment, see generally B.J. Richardson (2000), “Environmental Law in Postcolonial Societies: Straddling the Local-Global Institutional Spectrum,” 11Colo. J. Int’l Envtl. L. & Pol’y 1;; A.P. Kameri-Mbote & P. Cullet, (1997) “Law, Colonialism and Environmental Management in Africa,” 6 Rev. Euro. Com. & Int’l L. 23.
See B.J. Richardson, (2000) at 30 & 32.
See generally Richardson (2000) & Kameri-Mbote & Cullet (1997).
See, e.g., A.A. Ibrahim & B. Rohan (1999), “The Aarhus Convention as a Model for Advancing Citizens’ Rights in Africa,” 6(2) Innovation 29 (emphasizing the particular application in Niger).
A. Timoshenko (1999) Briefing Note on The 1998 Aarhus Convention on Access to information, Public Participation in Decision-Making and Access to Justice in Environmental Matters and its Relevance to Other Regions, distributed at the April 1999 AMCEN meeting, para. 18.
See C. Bruch (2000).
For example, see, Lissu, (2000).
See http://www.sil.org/ethnologue/countries/Tanz.html (visited 17 Aug. 2000).
Central Intelligence Agency (1999), “Niger,” The World Fact Book 1999, 1 January 1999, available at http://www.odci.gov/cia/publications/factbook/ng.html.
D.G. Morris & D. Smith (1999), “The Poorest Getting Poorer,” Washington Post, 17 July 1999, at A 13 (citing the 1999 U.N. Human Development Report).
See M.O. Odhiambo (1999), “Top Secret: Legal and Institutional Framework for Access to Environmental Information in Kenya,” Paper presented at the Workshop on Freedom and Access to Environmental Information in Eastern and Southern Africa (Arusha, Tanzania, 6–7 May 1999) (on file with author).
Kameri-Mbote & Cullet (1997) at 25–26.
J.C. Ribot, (2000),“Representation and Accountability in Decentralized Sahelian Forestry: Legal Instruments of Political-Administrative Control,” 12 Geo. Int Envtl. L. Rev. 447 (2000).
See Bruch (2000) at 41–62 (reviewing the incorporation and nascent implementation oparticipatory principles in African constitutions); Compendium of Environmental Laws of African Countries, Volume I: Framework Laws and EIA Regulations (UNEP/UNDP Joint Project on Environmental Law and Institutions in Africa 1996) and 1998 Supplement (containing national environmental laws with public participation provisions for most African nations, as well as environmental impact assessment laws of some African nations- including Algeria, Congo, Niger, Nigeria, Tunisia, and Uganda- which typically require transparency, an opportunity for the public to participate in the decision-making process, and an opportunity for citizens and NGOs to appeal decisions to administrative and judicial bodies).
On this point, the author is particularly indebted to the participants of a May 1999 workshop on Access to Environmental Information in East Africa, held in Arusha, Tanzania.
Regional Environmental Center for Central and Eastern Europe, Doors to Democracy: Current Trends and Practices in Public Participation in Environmental Decision-making in Central and Eastern Europe (1998). The REC also published Doors to Democracy volumes for Western Europe and the Newly Independent States of the Former Soviet Union. The Access Initiative is an ongoing effort to establish criteria for assessing the access to information, participation, and justice in nations around the world. See http://www.accessinitiative.org.
UN Economic Commission for Africa, African Alternative Framework for Structural Adjustment Programs, UN Doc. E/ECA/CM.15/16 Rev. 3 (1989), para. 35 (“development has to be engineered and sustained by the people themselves through their full and active participation”); see also UNDeclaration on the Right to Development, UNGA Res. 41/128, Annex, UN GAOR Supp. No 53 at 186, UN Doc. A/41 /53 (1986), pmbl. (“development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting there from.”).
African Charter for Popular Participation in Development, done at Arusha, 16 February 1990, UN Doc. E/ECA/CM.16/11; see also Note Verbale, UN GAOR, 45th Sess., Agenda Items 12, 82, U.N. Doc. A/45/427 (1990) (including as Appendix I, UN Economic Commission for Africa Conference of Ministers responsible for Economic Planning and Development, 25th Sess., Res. 691 (XXV) (19 May 1990) (adopting the African Charter for Popular Participation in Development and Transformation (Arusha 1990))), available at www.un.org/partners/civil_society/documents/a-45–427.htm
UN GAOR, 45thth Sess., Agenda Items 12, 82, U.N. Doc. A/45/427 (1990) (noting the “lack of full appreciation of the role popular participation plays in the process of recovery and development.”).
R.L. Barsh (1991), “Current Development: A Special Session of the UN General Assembly Rethinks the Economic Rights and Duties of States,” 85 Am. J. Int’l L. 192, at 197; D.D. Bradlow (1991), “Regional Developments: Africa,” 25 Int’l Law. 1053, 1054–58; J. Cahn (1993), “Challenging the New Imperial Authority: The World Bank and the Democratization of Development,” 66 Harv. Hum. Rts. J. 159 at 186–87; C. Grossman & D.D. Bradlow (1993), “Are We Being Propelled Towards a People-Centered Transnational Legal Order?,” 9 Am. U.J. Int’l L. & Pol’y 1, 23; C.R. Taylor (1994), “The Right of Participation in Development Projects,” 13Dick. J. Int’l L. 69, 98–99; J. Oloka-Onyango (1995), “Beyond the Rhetoric: Reinvigorating the Struggle for Economic and Social Rights in Africa,” 26 Cal. W. Int’l L.J. 1, 59–60; J.C.N. Paul (1995), “The United Nations and the Creation of an International Law of Development,” 36 Harv. Int’l L.J. 307 at 316.
Paul (1995) at 316 (noting the influence of the Charter in the subsequent development of the African Common Position on Human and Social Development in Africa, which was prepared for the 1994 World Summit on Social Development); D.D. Bradlow (1991), at 1055.
African Charter, third recitation.
Art. 9.
Art. 24.
UN Economic Commission for Africa, African Common Position on Environment and Development (June 1992).
D.D. Bradlow, (1991) at 1058.
See Resolution on the Conclusions of the Pan-African Conference on Sustainable Integrated Coastal Management (PACSICOM), done 24 July 1998 in Maputo, Mozambique, available at www.sdnp.org.mz/entidade/pacsicom/conclus3.htm (on the protection of the marine and coastal environment).
See African Ministerial Conference on the Environment (AMCEN) (1994),African Common Perspectives and Position on the Convention on Biological Diversity, Doc. No. AMCEN/Conventions/CBD/1 (26 October 1994);African Common Position on the Clean Development Mechanism, Paper No. 1: Uganda (On Behalf of the African Group), UN Doc. No. FCCC/CP/MISC.7/Add.2, ECE.98–135.
In fact, at the Eighth Session of the African Ministerial Conference on Environment (AMCEN), held in Abuja, Nigeria in April 2000, African environment ministers called for a common African position on the environment that could be advanced at the 2002 Earth Summit.
A. Mumma (2000), The Poverty of Africa’s Position at the Climate Change Convention Negotiations www.meteo.go.ke/can/africap.html, (criticising the African Common Position on the Clean Development Mechanism for failing to articulate any significant African position).
(1969), 8 ILM 689.
A recent draft revision of the African Convention on the Conservation of Nature and Natural Resources in Africa has a new article on procedural rights. African Convention on the Conservation of Nature and Natural Resources, Jan. 18, 2002 Draft, art. XVI (on file with author). This article would require Parties to adopt legislative and regulatory measures necessary to ensure timely and appropriate a) dissemination of environmental information; b) access of the public to environmental information; c) participation of the public in decision-making with a potentially significant environmental impact; and d) access to justice in matters related to protection of environment and natural resources. Ibid. art. XVI.1. Moreover, Parties would commit to ensuring non-discriminatory access to justice for persons in other nations who are affected by a transboundary environmental harm. Ibid. art. XVI.2. Article XX also provides for capacity building, education, and training, which will be necessary for people to effectively utilize their procedural and substantive rights and to contribute meaningfully to decision-making processes. These provisions could provide a basis for elaborating a more detailed set of guidelines and tools for ensuring public involvement.
Done at Arusha, Tanzania, 30 Nov. 1999.
See Arts. 112(2)(b) (environmental impact assessment), 112(2)(d) (public awareness and education regarding chemicals), 112(2)(i) (exchange information on pollution and conservation technology), 114(2)(c) (establish databases and networks to exchange information on mining), 116(b) (exchange information on wildlife management).
Memorandum of Understanding between the Republic of Kenya and the United Republic of Tanzania and the Republic of Uganda for Cooperation on Environmental Matters, done at Nairobi, 22 October 1998.
Art. 3
Article 7(1)(a)).
Art. 7(1)(b); 7(1)(i).
Art. 14(2).
Art. 14(3).
Art. 16(4)(a) (“The Parmer States agree not to carry out any activity that may have significant transboundary environmental impact or harm without prior consultations, timely notification and provision of adequate technical information and data.”)
Arts. 9(a),(d), 10(1)(c), 11(b), 12(d), (e).
Art. 11(b).
Art. 16(2)(a).
Art. 16(2)(b).
Arts. 16(2)(a), 7(1)(i).
Arts. 14(2) (EIA), 9(f) (pledging to “institute new techniques or measures which enhance ... partnerships with local people” in the management of forest resources).
Art. 16(2)(d).
See Wangari Maathai v.Kenya Times Media Trust, High Court Civil Case No. 5402 (Nairobi 1989); Wangari Maathai v. City Council of Nairobi, High Court Civil Case No. 72 (Nairobi 1994); but see Environmental Management and Co-ordination Act, 1999, at art. 3(3) (allowing any person who alleges that their right to a clean and healthy environment, guaranteed by Article 3(1) “is being or is likely to be contravened in relation to him, then ... that person may apply to the High Court for redress ...”).
MOU, n. 5 above, art. 16(2)(e).
Art. 16(3).
This initiative also relates to Article 8 of the MOU, which seeks to “initiate, develop, implement and harmonize policies, laws and programmes to strengthen regional coordination in the management of the resources of the lake Victoria ecosystem ....”
Protocol on Shared Watercourse Systems in the Southern African Development Community (SADC) Region (done at Johannesburg, Aug. 1995; entry into force Sept. 1998);Protocol on Mining in the Southern African Development Community (SADC) (done at Blantyre, Malawi, 5 Sept. 1997); see also Draft Protocol on Wildlife Conservation and Law Enforcement in the Southern African Development Community (done at Blantyre, Malawi, Dec. 1998).
Protocol on Shared Watercourse Systems in the Southern African Development Community (SADC) Region, at art. 5(b)(i), (iv). While Article 2(5) requires member states of a shared watercourse to “exchange available information and data regarding the hydrological, hydrogeological, water quality, meteorological and ecological condition of such watercourse system,” this requirement appears to apply only between states and not necessarily to public access to information.
Arts. 5(d)(iii), 5(d)(iv), and 5(e).
See C.E. Bruch (2000), “Role of Public Participation and Information Disclosure” in N. Makayama (ed.), International Waters in Southern Afirca, (forthcoming), reprinted as (2001), “Charting N New Waters: Public Involvement in the Management of International Watercourses,” 31Envtl. L. Rep. 11389 (2001).
Protocol on Mining in the Southern African Development Community (SADC), at art. 2(7), (9).
Ibid., art. 3 (“Information Exchange”).
Art. 8(2).
See D.R. Mandelker (1999), NEPA Law and Litigation, 2 NDED; J. Teel (2001), “International Environmental Impact Assessment: A Case Study in Implementation,” 31Envtl. L. Rep. 10291 (2001).
Protocol on Mining in the Southern African Development Community (SADC), arts. 8(1), (3), (4).
See B. Ingraham (1998), “Southern African Countries DiscussAarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters,” Infoterra listserv, 16 December 1998 (on file with author).
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Bruch, C.E. (2003). African Environmental Governance. In: International Environmental Law and Policy in Africa. Environment & Policy, vol 36. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-0135-8_11
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