The principle of participation in international environmental law with an approach to its components in the procedure of the European Court of Human Rights

Subject Areas : environmental low

Arham Hashempour ¹ , harir mojahed ²

1 - Assistant Professor, Department of Law, uromieh Branch, Islamic Azad University, Iran. *(Corresponding Author)
2 - MA. Student in International Law, Department of Law, uromieh Branch, Islamic Azad University, Iran.

Received: 2023-04-04 Accepted : 2024-01-10 Published : 2024-06-21

Keywords: principle of participation, environment, European Court of Human Rights, access to information, access to judicial authorities.,

Abstract :

The principle of participation is recognized as one of the principles of international environmental law and is considered one of the new and effective rights, and one of its goals is to protect the environment for future generations. The principle of participation, which is mentioned in several international documents and treaties, includes components such as access to environmental information, access to administrative and judicial authorities, and public participation in the decision-making process. . However, this principle results when it is referred to in court decisions. The present research deals with the characteristics of this principle, and how these characteristics are explained and crystallized in the judgments of the European Court of Human Rights with a descriptive-analytical method with a new approach. The results of this research show that the European Court of Human Rights investigates and issues judgments on complaints regarding the violation of these obligations. Looking at the procedure of the European Court of Human Rights regarding the principle of participation, it can be concluded that while accepting the principle of participation, the court emphasizes the obligation of governments to apply this principle. And the application of this principle in the procedure of the recognized court, the approach of the European court indicates that the court supports this principle with a dynamic spirit. The current research is looking for the process of the European Court of Human Rights in support of this principle.

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