of Frame Contextualization and Evolution’ (2009) 9 Global Social Policy , 2009, 355; SCHLOSBERG 2013 (n 5).
8 Julian AGYEMAN, (2014) 54 ‘Global Environmental Justice or Le Droit au Monde?’ (2014) 54 Geoforum 236.
9 CAI Shouqiu 蔡守秋, 当代环境法的’民主化 ‘The ‘Democratization’ of Modern Environmental Law
environmental democratisation’. 2 At the international level, these three rights were codified expressly for the first time in the 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention) 3 and, more recently, in
Society 219, 220 (2006).
194 Michael Burgess, ‘From "Trust Us" to Participatory Governance: Deliberative Publics and Science Policy’, 23(1) Public Understanding of Science 48, 49 (2014).
195 Anderson, supra note 90, at 11.
196 Hayley Stevenson and John S. Dryzek, Democratizing Global
accountability and efficiency in environmental governance. 2 The literature has revealed varying rationales for pursuing transparency, including the enhancement of good governance 3 and democratization and accountability. 4 The majority of mea s rely on transparency and capacity building at the national
The Aarhus Convention
aims to democratize environmental decision-making, in order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being.
. Legal implications According to the legal implications of the directives mentioned above, democratisation and integration should ensure improvements in environmental protection. 1 In this context, the requirements mentioned are founded on procedural and substan- tive content. a. Procedural content The
, the part played within the institutional framework by the NGOs as an element of democratisation and the scientiﬁ c experts as those guaranteeing a certain degree of realism should be structured more eﬀ ectively. Among other possible measures, NGOs should be given the right to bring a class action
case only the environmental permit is issued. Due to the democratization of the decision-mak- ing processes and the broader rights of the public in environmental issues and the requirements of the Aarhus Convention and the above mentioned Di- rectives (EIA, IPPC and SEVESO), especially Di- rective 2003
105 For the US class action proceedings see: Siegfried Wiessner, ‘Democratizing International Arbitration?: Mass Claims Proceedings in Abaclat v. Argentina’ (2014) 1 Journal of International and Comparative Law 55 64–66.
106 Lucas Lixinski, ‘Treaty Interpretation by the Inter-American Court
, not democracy, was the international legal system’s guiding principle.
However, he concluded that ‘a fundamental conceptual transformation (…) [of] (…) democratization’
was potentially underway.
This has two aspects. The first point concerns whether ngo participation