{"title":"扩大非政府组织的地位:通过进入欧洲人权法院来实现气候正义","authors":"Helen Keller, Viktoriya Gurash","doi":"10.4337/jhre.2023.02.04","DOIUrl":null,"url":null,"abstract":"Due to the nature of environmental litigation, expanding the standing of actors that could bring claims to the European Court of Human Rights (ECtHR) – such as non-governmental organizations (NGOs) – has become a pressing need. This article explores the current approach to NGOs’ standing to bring environment-related claims before the ECtHR. In particular, by drawing on the Aarhus Convention, the article explores NGOs’ important role before the ECtHR given their recognized right to environmental information, as well as their role in upholding the right to a fair trial at national level. In conclusion, it is argued that NGOs should be given a more prominent role in environmental cases and that the dichotomy between the case law regarding NGOs’ standing in claims under Articles 2, 3 and 8 on the one hand, and Articles 6 and 10 on the other, is outdated.","PeriodicalId":43831,"journal":{"name":"Journal of Human Rights and the Environment","volume":"44 1","pages":"0"},"PeriodicalIF":3.0000,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Expanding NGOs’ standing: climate justice through access to the European Court of Human Rights\",\"authors\":\"Helen Keller, Viktoriya Gurash\",\"doi\":\"10.4337/jhre.2023.02.04\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Due to the nature of environmental litigation, expanding the standing of actors that could bring claims to the European Court of Human Rights (ECtHR) – such as non-governmental organizations (NGOs) – has become a pressing need. This article explores the current approach to NGOs’ standing to bring environment-related claims before the ECtHR. In particular, by drawing on the Aarhus Convention, the article explores NGOs’ important role before the ECtHR given their recognized right to environmental information, as well as their role in upholding the right to a fair trial at national level. In conclusion, it is argued that NGOs should be given a more prominent role in environmental cases and that the dichotomy between the case law regarding NGOs’ standing in claims under Articles 2, 3 and 8 on the one hand, and Articles 6 and 10 on the other, is outdated.\",\"PeriodicalId\":43831,\"journal\":{\"name\":\"Journal of Human Rights and the Environment\",\"volume\":\"44 1\",\"pages\":\"0\"},\"PeriodicalIF\":3.0000,\"publicationDate\":\"2023-09-22\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Human Rights and the Environment\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.4337/jhre.2023.02.04\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"ENVIRONMENTAL STUDIES\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Human Rights and the Environment","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4337/jhre.2023.02.04","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"ENVIRONMENTAL STUDIES","Score":null,"Total":0}
Expanding NGOs’ standing: climate justice through access to the European Court of Human Rights
Due to the nature of environmental litigation, expanding the standing of actors that could bring claims to the European Court of Human Rights (ECtHR) – such as non-governmental organizations (NGOs) – has become a pressing need. This article explores the current approach to NGOs’ standing to bring environment-related claims before the ECtHR. In particular, by drawing on the Aarhus Convention, the article explores NGOs’ important role before the ECtHR given their recognized right to environmental information, as well as their role in upholding the right to a fair trial at national level. In conclusion, it is argued that NGOs should be given a more prominent role in environmental cases and that the dichotomy between the case law regarding NGOs’ standing in claims under Articles 2, 3 and 8 on the one hand, and Articles 6 and 10 on the other, is outdated.
期刊介绍:
The relationship between human rights and the environment is fascinating, uneasy and increasingly urgent. This international journal provides a strategic academic forum for an extended interdisciplinary and multi-layered conversation that explores emergent possibilities, existing tensions, and multiple implications of entanglements between human and non-human forms of liveliness. We invite critical engagements on these themes, especially as refracted through human rights and environmental law, politics, policy-making and community level activisms.