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Costs protection in environmental matters
Published by a LexisNexis Environment expert
Practice notesCosts protection in environmental matters
Published by a LexisNexis Environment expert
Practice notesOriginally produced in partnership with Landmark Chambers
The reason for special Costs protection measures in environmental law
The special costs protection measures in environmental matters derive from international environmental law including, for example Principle 10 of the Rio Declaration on Environment and Development 1992. The Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark on 25 June 1998 (the Aarhus Convention) explains in Article 1 that the objective of the Convention is to:
“… contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision-making, and access to justice in environmental matters in accordance with the provisions of this Convention.”
Thus the right to access to justice in environmental matters is based upon the fundamental need to protect the environment for present and future generations. The UK ratified the Aarhus Convention in 2005 and while the
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