The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing

Research output: Contribution to journalArticle

Abstract

This article analyzes the potential for legal transplant theory to strengthen the legal regimes that guarantee the right of access to environmental information in England and China. Guaranteed by the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, the right has a substantial impact on how individuals can act as environmental stewards. However, despite the framework provided by the Aarhus Convention, there are shortcomings in how these states guarantee the right when compared with the obligations set by the provisions of the Convention. The article applies Alan Watson’s legal transplant theory to the environmental information regimes in England and China and considers the likelihood of each jurisdiction sourcing legal reforms from the other. It also seeks to identify common trends shared by each jurisdiction and the impact of the Aarhus Convention on such transplants.
Original languageEnglish
Pages (from-to)509-530
Number of pages22
JournalTransnational Environmental Law
Volume6
Issue number3
Early online date23 May 2017
DOIs
Publication statusPublished - Nov 2017

    Fingerprint

Keywords

  • Right of access to Environmental Information
  • Legal Transplant Theory
  • Law Reform
  • England
  • China
  • Aarhus Convention

Cite this