ABSTRACT
The Aarhus Convention is regarded as being the most advanced international treaty on public participation concluded so far (Ebbesson (1997) 96). The Convention was adopted on 25 June 1998 and at 3 July 2001 has 14 parties. It requires 16 parties to enter into force (Art 20). The Convention provides a comprehensive right to public participation in environmental decision-making, particularly in relation to specific activities (Art 6). In addition it provides for a right of access to environmental information (note the breadth of the definition of environmental information in Art 2(3)). This right is defined in terms of a right to request and obtain information (Art 4) and an obligation upon States to collect and disseminate information (Art 5). Important as these provisions are, they have been criticised on the grounds that States are given broad discretion to refuse access (Art 5(3)). Moreover, Ebbesson says that ‘the obligation to establish systems for the collection of environmental information fails to provide a firm basis for a right to know’ and thereby easy access for individuals to information on any harmful activity and on the pollutants and risks involved (Ebbesson (1997) 96).13
