Right to Information about, and Involvement in, Environmental Decision-Making along the Silk Road Economic Belt

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Abstract

The ecological vulnerability of the regions within the Silk Road Economic Belt requires environmental protection. The infrastructure-pillared structure of the Belt and the legal procedures for the environmental impact assessment (EIA) of various infrastructures inform this article’s approach to environmental protection along the Belt through the right to information about, and involvement in, environmental decision making (the right to in- formation and involvement). How to protect this right along the Belt? The rights approach to the environment, as this article first examines, leads to an exploration of the social and historical background of the adoption of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention).1 Parties to the Aarhus Convention largely overlap with the countries within the Belt. Critical analysis of the EIA legislation and its practice, and the contradiction within the principle of ‘public participation’ reveal the inadequacy of formal legislation in protecting the right to information and involvement. A case study on informal participa- tion in environmental decision making in China illustrates the value of informal participa- tion in protecting this right. Informal participation is forming a communicative form of environmental governance in Singapore, in which the right to information and involvement is protected. This article argues that informal participation can facilitate the protection of the right to information and involvement along the Belt.
Original languageEnglish
JournalThe Chinese Journal of Comparative Law
Volume5
Issue number1
Pages (from-to)58-78
Number of pages21
ISSN2050-4802
DOIs
Publication statusPublished - 2017
MoE publication typeA1 Journal article-refereed

Fields of Science

  • 513 Law
  • Aarhus Convention
  • general will
  • informal participation
  • One Belt One Road
  • PM2.5
  • Public participation

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