ABSTRACT

This chapter analyses the case law of the Aarhus Convention Compliance Committee for the period between 2004 and 2011 in the context of some principles of the New Delhi Declaration. The compliance mechanism under the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters is well-documented in academic literature. The case law of the Compliance Committee includes several interpretations concerning delegation of functions by public authorities to private entities. The Compliance Committee consists of nine members who serve in their personal capacity. In the context of access to information, the Committee held that the Convention prohibits application of "positive silence" concept for information requests. The Convention requires information on access to justice procedures to be disseminated and encourages the development of assistance mechanisms to remove or reduce financial and other barriers. The vital role of women in sustainable development should be recognized.