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Freedom of Environmental Information: Aspirations and Practice [Minkštas viršelis]

  • Formatas: Paperback / softback, 240 pages, aukštis x plotis x storis: 228x152x12 mm, weight: 400 g
  • Išleidimo metai: 09-Jan-2023
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1839702850
  • ISBN-13: 9781839702853
  • Formatas: Paperback / softback, 240 pages, aukštis x plotis x storis: 228x152x12 mm, weight: 400 g
  • Išleidimo metai: 09-Jan-2023
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1839702850
  • ISBN-13: 9781839702853
This book explores the right of access to environmental information, considering both the environmental aspirations which underlie the right and how far these are evidenced in the right's use in practice. The right has a history separate from wider moves towards freedom of information. From its origins in the Rio Declaration to its current embodiment in the Aarhus Convention, a key aim of the right is to promote environmental governance and protect the environment through the provision of environmental information, both proactively and upon request.

However, there is little empirical evidence to show whether the right is achieving these environmental aims, if it is being used for its intended environmental purpose, or even how far it is being viewed as distinct from the general right to information. This book seeks to fill this gap through qualitative research conducted in Scotland, the findings of which highlight that individuals who seek environmental information under the right are often doing so for personal or professional reasons that do not further the right's environmental purpose. This is significant, because if the right is not being used for its intended environmental purpose, then its contribution to environmental governance can be questioned, as can the value of maintaining this specific right, distinct from wider freedom of information laws.

This book analyses the mismatch between the intended and actual use of the right through the lens of Actor-Network Theory. By tracing the associations between different actors that engage with each other in relation to environmental information, it identifies various unspoken assumptions within the right to environmental information that impact on its implementation and ability to achieve its environmental aims. In particular, the right's overly-simplified conceptualisation of the individuals and public authorities who engage with the right and its failure to consider the impact of non-human actors are identified as key unspoken assumptions in the operation and shaping of the right. The fact that the environment itself has such a low profile in the operation of the right is also noted.

By engaging with and challenging these unspoken assumptions, Freedom of Environmental Information: Aspirations and Practice provides a unique insight into the operation and fundamental aims of the right of access to environmental information. By identifying the mismatch between aspirations and practice, the book provides a novel insight into this critical aspect of environmental governance and provides a foundation for further inquiry into and critique of the right to access environmental information.
Preface v
Chapter 1 Introduction
1(22)
1 Development of the Right of Access to Environmental Information
3(4)
2 Freedom of Information and the Right to Environmental Information: Similarities and Differences
7(3)
3 Assumptions and Mismatches
10(4)
4 Methodology and Theoretical Framework
14(4)
5 The Structure of the Book
18(5)
Chapter 2 Theoretical and Legal Frameworks
23(34)
1 Actor-Network Theory
25(7)
1.1 Actors
26(2)
1.2 Networks
28(2)
1.3 The Environment as an Actor and Environmental Politics
30(2)
2 The Legal Framework: The Context and Development of the Right of Access to Environmental Information
32(12)
2.1 The Rio Declaration
33(3)
2.2 The Aarhus Convention
36(6)
2.3 Law in the European Union and Scotland
42(2)
3 The Legal Framework: Content
44(11)
3.1 Definitions and Scope of the Right of Access to Environmental Information
45(3)
3.2 The Proactive Duty to Provide Information
48(1)
3.3 Requests for Information
49(2)
3.4 Exceptions
51(2)
3.5 Review Procedures
53(2)
4 Conclusion
55(2)
Chapter 3 Professional Users
57(36)
1 Introduction
57(3)
2 Professional Users and the Right of Access to Environmental Information
60(29)
2.1 Journalists
61(10)
2.2 Professionals Representing Clients
71(6)
2.3 Academics and Students
77(4)
2.4 Non-Governmental Organisations (NGOs)
81(4)
2.5 Users from within the Public Sector
85(4)
3 Conclusion
89(4)
Chapter 4 Personal Users
93(38)
1 Introduction
93(2)
2 Motive
95(8)
2.1 Personal Users, Motives and the Ideals of the Aarhus Convention
97(3)
2.2 Personal Users, Motives and Trust
100(3)
3 Seeking Access to Environmental Information
103(8)
3.1 Proactive Disclosure
104(4)
3.2 Disclosure on Request
108(3)
4 Advice
111(7)
4.1 Advice Provided by Public Authorities
113(2)
4.2 Advice Provided by Other Users
115(3)
5 Receiving and Understanding Environmental Information
118(9)
5.1 Non-Disclosure of Environmental Information
119(5)
5.2 Understanding Disclosed Environmental Information
124(3)
6 Conclusion
127(4)
Chapter 5 Information and Participation
131(38)
1 Introduction
131(3)
2 Theories of Public Participation
134(7)
2.1 The Rationale Behind Public Participation
135(2)
2.2 Public Participation and Arnstein's Ladder of Participation
137(4)
3 Public Participation, Environmental Information and the Aarhus Convention
141(4)
4 Using Environmental Information: Theory and Practice
145(21)
4.1 Rationales of Public Participation: Do they Influence Actors' Opinions?
145(1)
4.1.1 Users
146(3)
4.1.2 Public Authorities
149(2)
4.2 Identified Uses of Environmental Information
151(7)
4.3 Translating Rationales into Reality: Opinions on how Environmental Information is Used
158(8)
5 Conclusion
166(3)
Chapter 6 Non-Human Actors
169(38)
1 Introduction
169(2)
2 Non-Human Actors Constructed by Humans
171(20)
2.1 Organisations
172(1)
2.1.1 Public Authorities
172(4)
2.1.2 Regulators of the Right to Environmental Information
176(5)
2.2 Law
181(5)
2.3 Technologies
186(5)
3 The Environment
191(13)
3.1 The Environment as an Actor
192(4)
3.2 Anthropocentrism and the "Environment" in Environmental Information
196(4)
3.3 Putting the "Environment" in the Right of Access to Environmental Information
200(4)
4 Conclusions
204(3)
Chapter 7 Reflections and Lessons
207(16)
1 Awareness
208(1)
2 Aspirations and Practice
209(4)
3 The Range of Actors
213(3)
4 Lessons
216(5)
4.1 Refining the Rules
217(1)
4.2 Is a Distinct Right to Environmental Information Needed?
218(3)
5 Conclusion
221(2)
Index 223
SEAN WHITTAKER is a Lecturer in Law at the University of Dundee, where he specialises in public law, information law and comparative law.

COLIN T. REID is Professor of Environmental Law at the University of Dundee, working on various environmental law and public law themes, especially biodiversity and devolution. He is a Patron of the UK Environmental Law Association.

JONATHAN MENDEL is Senior Lecturer in Human Geography at the University of Dundee. His research focusses on topics including: access to environmental information; data, information and surveillance policy and technology and anti-trafficking.