16 - Public Participation in the Context of Energy Activities: The Role of the Aarhus Convention Compliance Committee

Summary

The chapter proposes public participation as a principle of ‘good’ energy governance that legitimatises energy decisions and fosters their social acceptance. Adopting a public international law perspective, it highlights how the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) constrains domestic decision making in the energy sector. Paying special attention to the contribution of the committee charged with reviewing state compliance with the convention’s obligations, it offers a detailed analysis of its conclusions and recommendations in the context of two cases: the United Kingdom’s decision to build a nuclear power station in Hinkley Point and the design of a renewable energy policy in Scotland. On that basis, the chapter concludes on the increasingly important role that international law plays in democratising energy decision-making processes.