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6 - Public Participation

Its Contribution to Procedural Justice and Intra-generational Equity in a Water Scarce Future

Published online by Cambridge University Press:  01 October 2021

Ruby Moynihan
Affiliation:
University College Cork
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Summary

A rapidly deteriorating supply of healthy freshwater resources, exacerbated by climate change, intensifies social and economic injustices and inequalities across the world. Strong public laws and institutions upholding equitable procedures for public participation, access to justice and information regarding the fair distribution of access to sufficient water resources are needed more than ever to protect the most vulnerable. International water law and river basin treaties have poor provisions for public participation. This chapter demonstrates how the UNECE environmental regime, especially through the Aarhus Convention and Protocol on Water and Health, provides a comprehensive framework for the principle of public participation, access to justice and information, including identifying where it fills gaps in international water law and basin treaties. For example, non-state actors including the public and non-governmental organisations (NGOs) have limited almost non-existent rights under the 1997 UN Watercourses Convention beyond the procedure on non-discriminatory access to justice. In contrast, the public including NGOs are given a significant participatory role in law making, implementation and enforcement in the UNECE water regime. This contributes to procedural justice and the principle of intra-generational equity in international water law. The Water Convention, however, should be amended to provide for all three pillars of public participation.

Type
Chapter
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Transboundary Freshwater Ecosystems in International Law
The Role and Impact of the UNECE Environmental Regime
, pp. 202 - 223
Publisher: Cambridge University Press
Print publication year: 2021

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  • Public Participation
  • Ruby Moynihan, University College Cork
  • Book: Transboundary Freshwater Ecosystems in International Law
  • Online publication: 01 October 2021
  • Chapter DOI: https://doi.org/10.1017/9781108854641.009
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  • Public Participation
  • Ruby Moynihan, University College Cork
  • Book: Transboundary Freshwater Ecosystems in International Law
  • Online publication: 01 October 2021
  • Chapter DOI: https://doi.org/10.1017/9781108854641.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Public Participation
  • Ruby Moynihan, University College Cork
  • Book: Transboundary Freshwater Ecosystems in International Law
  • Online publication: 01 October 2021
  • Chapter DOI: https://doi.org/10.1017/9781108854641.009
Available formats
×