Procedural rights from a climate justice perspective. The case of the United Nations Framework Convention on Climate Change and the Aarhus Convention

Abstract

Climate change is a global issue that requires a global solution. It disproportionally affects certain groups of people and regions of the world which are historically less responsible for the climate crisis, by threatening their existence and the enjoyment of human rights. The environmental justice and climate justice movement address the climate crisis by raising several justice claims. Among these demands, those that refer to a procedural dimension are concerned with guaranteeing a meaningful involvement of people in decision-making processes that could affect their life. This dimension overlaps with considerations regarding procedural rights of international environmental law. In particular, in the international scenario, the United Nations Framework Convention on Climate Change provides the Action for Climate Empowerment under Article 6, and the Convention on Access to Information, Public Participation in Decision-making, and Access to Justice in Environmental Matters is specifically concerned with procedural rights. Hence, they are relevant to evaluate whether there has been a real response to the demands of justice. This thesis evaluates to what extent these instruments display environmental and climate justice demands with a particular focus on procedural justice and procedural rights. It assesses that the Aarhus Convention is enshrined better these demands than the United Nations Framework Convention on Climate Change.