The Non-Compliance Procedure of the Aarhus Convention: Between Environmental and Human Rights Control Mechanisms

Institutional and procedural mechanisms are routinely established under Multilateral Environmental Agreements to facilitate, control and enhance compliance by States with the obligations they assume. The 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters is no exception in this respect. However, due to the peculiar nature of the Convention, which recognized procedural human rights in environmental governance, the design of its compliance mechanism is peculiar, especially in that it provides broad access and participatory rights to individuals and NGOs. After reviewing thoroughly the law and practice governing the institutional setting and the functioning of the mechanism, the article concludes that, notwithstanding the features it shares with human rights quasi-judicial procedures, the Compliance systems maintains its fundamental “non-confrontational, non-judicial and consultative” nature. However, it is not excluded that a process of “judicialisation” may take place through practice.