Public Participation as a General Principle in International Environmental Law: Its Current Status and Real Impact

It is often acknowledged that the environment is a concern for everyone. A clean environment benefits all, and no one can escape the impacts of a polluted environment. But to what degree does international environmental law give us the opportunity to participate in managing the environment? International environmental law is traditionally designed for States, and so are the general principles that constitute its foundations. So, are we excluded from influencing decisions over an essential part of our life? In this article, I examine the status of public participation in international environmental law through an analysis of national, regional and international environmental instruments. I conclude that public participation is a crucial part, a general principle, of this branch of law. It impacts international and national environmental law, and decision-making, in different ways, because it leads to more democratic influence and oversight. Although the practice of public participation faces various difficulties, it is widely accepted and firmly embedded in the international environmental legal framework. But eventually the State maintains a high degree of control, determining the extent, content, and impact of public participation. The principle of public participation therefore does not seriously challenge the dominance of States in international environmental law.