@article{ART001025463},
author={Kim, Hyun Joon},
title={The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -},
journal={Public Land Law Review},
issn={1226-251X},
year={2007},
volume={38},
pages={337-360}
TY - JOUR
AU - Kim, Hyun Joon
TI - The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -
JO - Public Land Law Review
PY - 2007
VL - 38
IS - null
PB - Korean Public Land Law Association
SP - 337
EP - 360
SN - 1226-251X
AB - This paper addresses the public participation in environmental decision-making as environmental human rights, devoting most the discussion to the Aarhus Convention, which was concluded in 1998 by the United Nations Economic Commission for Europe. Public participation in decision-making is the second pillar of the Convention, which is found in articles 6, 7 and 8 of the Convention.
Article 6 concerns public participation in decision-making by public authorites on whether to permit or license specific activities.
Article 7 covers public participation with respect to plans, programmes and policies.
Articel 8 sets out the public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments.
The following categories of public participation are especially in this paper pointed out;-The public must be informed, early in the environmental decision-making procedure- The procedural time-frames must allow for genuine public participation.
- The final decision to authorise the activity must take due account of the outcome of the public participation.
- The public must take part in the procedures concerning plans, programmes and policies relating to the Environment.
- Public participation must be ensured also in the preparation of environmental policies as well as standards and legislation that may have a significant effect on the environment.
Finally, the paper compare current Korean Administratve Procedure Act with emerging international trends such as the Arhus Convention.
KW - Environmental Human Rights;Environmental Procedural Rights;Public Participation;Aarhus Convention;Public Participation in Environmental Decision-Making
DO -
UR -
ER -
Kim, Hyun Joon. (2007). The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -. Public Land Law Review, 38, 337-360.
Kim, Hyun Joon. 2007, "The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -", Public Land Law Review, vol.38, pp.337-360.
Kim, Hyun Joon "The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -" Public Land Law Review 38 pp.337-360 (2007) : 337.
Kim, Hyun Joon. The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -. 2007; 38 337-360.
Kim, Hyun Joon. "The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -" Public Land Law Review 38(2007) : 337-360.
Kim, Hyun Joon. The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -. Public Land Law Review, 38, 337-360.
Kim, Hyun Joon. The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -. Public Land Law Review. 2007; 38 337-360.
Kim, Hyun Joon. The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -. 2007; 38 337-360.
Kim, Hyun Joon. "The Right to Public Participation in Environmental Decision-Making as Environmental Procedural Rights- The Second Pillar of the Aarhus Convention -" Public Land Law Review 38(2007) : 337-360.
