ABSTRACT

This chapter discusses the evolution of procedural rights under international law and how these rights have been applied in case law. Participatory rights emerged as part of the environmental impact assessment (EIA) procedures at the national level. The EIA is an important tool adopted in many countries to evaluate the impact of development projects on the environment. Freedom of information is generally accepted as a right of citizens to receive information held by government entities. While many countries in the Global North have adopted freedom of information laws, many in the Global South are lagging behind. Like access to information, public participation can cover a wide array of rights. It ranges from comments limited to potential victims at one end of the spectrum, to public hearings at which any member of the public can participate, at the other end of the spectrum.