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Journal of Environmental Law Advance Access originally published online on August 30, 2008
Journal of Environmental Law 2008 20(3):417-453; doi:10.1093/jel/eqn025
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© The Author [2008]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

Public Interest Litigation Concerning Environmental Matters before Human Rights Courts: A Promising Future Concept?

Christian Schall*

*Student assistant, University of Wuerzburg, Germany (schall.christian{at}gmail.com).


  Abstract

This article endeavours to explain the current state of environmental public interest litigation before the three regional human rights bodies of Europe, America and Africa in the light of their constituting treaties and case law. It assesses the likely impact of the Aarhus Convention and the changing national jurisdictions on the procedural but also on the substantive rights guaranteed by these bodies. It also assesses the chances of reform to broaden access to justice in environmental matters in the European human rights system. It argues that, although national and international jurisdictions generally point towards broader access to justice, the legal systems currently employed by the European and Inter-American human rights institutions are not apt for a concept of public interest litigation.

Key Words: public interest litigation • Aarhus Convention • European Court of Human Rights • African Commission on Human Rights • Inter-American Court of Human Rights • third generation human rights


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