Product Description
Table of Contents
Additional Information
Current advancements in civil rights and environmental activism emphasize the crucial importance of making environmental information widely available to the public, regardless of whether it is in the hands of the government or of corporations, especially when the information is needed to understand and prevent risks for human health and the environment. In the wake of a resurgence of environmental and civil rights activism, conflicts flare between the right of the people to know and the right of private actors to keep certain information hidden, mostly for commercial reasons. This book offers a detailed comparative analysis of how environmental information is being accessed in different countries and jurisdictions, and how these issues are currently being handled by judges and governments. Focusing on the right of access to environmental information held and produced by private actors and the legal issues that emerge when other values and rights are compromised, this book offers an alternative framework to improve on current legal systems, suggesting a more nuanced and balanced approach that takes both set of interests duly into consideration. Providing an integrated approach to public environmental law and private commercial law, the book integrates the arguments from both sides to establish a common ground, defining shared principles and models that provide a solid basis for a robust new system. Reviewing access to private sector information at a truly international level, this book will be relevant to students, academics and practitioners working in these areas.
Acknowledgements List of acronyms and abbreviations Introduction Why now? Background and scope Normative Framework Preliminary Notions of the Right to Know and the Private Sector Legal and Historical Precedents of Access to Environmental Information Transition to democratic state models The transparency trend 'Information governance' and environmental reform The evolution of human rights theory Fundamental notions of Private Entities Public v Private Definition of Private Entities Public and Private Information The protection of business confidentiality The Aarhus Convention: Fundamental concepts and contribution Environmental Participation under Aarhus Contribution and innovative features Characterisation of the Right to Access Environmental Information Recognition of the right to information as a human right The Right to Access Environmental Information in International Law Influence of International Law in regional and national jurisdictions Statutory and constitutional recognition of the right to information The right of access to environmental information at national level Systems for public participation in environmental matters Scope of the Laws providing Access to Information Scope of beneficiaries: Is access to information provided without discrimination and without having to state an interest? Material scope: What information can be accessed? Data, information and knowledge Restrictions based on format The definition of 'Environmental Information' Access to 'relevant' environmental information in decision-making processes Scope of obligated subjects Scope of exempted information Access to Private Sector Environmental Information Why increase access to private sector environmental information? Indirect access through public authorities Active disclosure: from the private duty to report to the public obligation to inform Passive access: Indirect access by request to a public authority Direct access to environmental information held by private entities Private entities included in the definition of 'public authorities' Private entities not included in the definition of 'public authorities' Private entities active disclosure The Protection of Trade Secrets and 'Confidential Business Information' Why is business confidentiality worthy of protection? Defining 'confidential business information' The logic behind the protection of CBI Trade secrets as property Trade secrets as Intellectual Property Trade secrets as Human Rights Statutes for the protection of CBI Trade secrets under international law CBI protection and national level CBI not qualifying as trade secrets or IP Types of CBI and trade secrets with special protection Protection of CBI and trade secrets via exceptions to disclosure Access to information about emissions into the environment according to the CJEU Problems of the System for Access to Private Sector Information Shortcomings of the public/private divide for access to environmental information No clear criteria to assimilate private entities to public authorities Deficiencies of corporate transparency The organic focus of access laws Overlapping between the definitions of 'environmental information' and 'confidential business information' Cost-benefit analysis and other financial information Technical information about hazardous activities or products Chemical substances Health and safety data Environmental Impact Assessments and other relevant information on specific projects Geotechnical information and natural resource's locations Inconsistencies in the applicable laws The current toolbox for solving conflicts between access to environmental information and the protection of CBI Proposal to Reform Access to Environmental Information Matrix of Values Integrated contextual analysis instead of 'balancing of interests' Conclusions and Recommendations Colombia The US The EU
Author(s) | By Juliana Zuluaga Madrid. |
---|---|
Publisher | Taylor & Francis Ltd |
ISBN | 9781032309767 |
Format | Hardback |
Pages | 288 |
Published in | United Kingdom |
Published | 28 Jul 2023 |
Availability | POD |
Practice Area
-
Company, commercial & competition
- Agency law
- Aviation law
- Commercial law
- Company law
- Company, commercial & competition law
- Competition law \ Antitrust law
- Construction & engineering law
- Contract law
- E-commerce law
- Energy & natural resources law
- Franchising law
- Outsourcing law
- Partnership law
- Procurement law
- Sale of goods law
- Shipping law
-
Constitutional & administrative
- Asylum law
- Citizenship & nationality law
- Constitutional & administrative law
- Election law
- Freedom of expression law
- Freedom of information law
- Government powers
- Human rights & civil liberties law
- Immigration law
- Judicial review
- Local government law
- Military & defence law
- Parliamentary & legislative practice
- Privacy law
-
Criminal law & procedure
- Criminal justice law
- Criminal law & procedures
- Criminal procedure
- Criminal procedure: law of evidence
- Fraud
- Harassment law
- Juvenile criminal law
- Offences against property
- Offences against public health, safety, order
- Offences against the government
- Offences against the person
- Police law & police procedures
- Road traffic law, motoring offences
- Sentencing & punishment
- Terrorism law
- Employment & labour
- Environment, transport & planning
- Equity & trusts
- Family
- Financial
- IT & Communications
- Intellectual property
-
International
- Customary law
- Diplomatic law
- International
- International arbitration
- International communications & telecommunications law
- International courts & procedures
- International criminal law
- International economic & trade law
- International environmental law
- International human rights law
- International humanitarian law
- International law
- International law of territory & statehood
- International law of transport, communications & commerce
- International law reports
- International maritime law
- International organisations & institutions
- International space & aerospace law
- Investment treaties & disputes
- Jurisdiction & immunities
- Law of the sea
- Private international law & conflict of laws
- Public international law
- Responsibility of states & other entities
- Settlement of international disputes
- Tariffs
- Transnational commercial law
- Treaties & other sources of international law
-
Jurisprudence & general
- Advocacy
- Civil codes \ Civil law
- Common law
- Comparative law
- Criminology: legal aspects
- Ecclesiastical (canon) law
- Gender & the law
- Islamic law
- Jurisprudence & general issues
- Jurisprudence & philosophy of law
- Law & society
- Law as it applies to other professions
- Legal ethics & professional conduct
- Legal history
- Legal profession: general
- Legal skills & practice
- Paralegals & paralegalism
- Roman law
- Systems of law
- Law - other
- Law: study & revision guides
- Laws of Specific jurisdictions
-
Legal system
- Arbitration, mediation & alternative dispute resolution
- Civil procedure, litigation & dispute resolution
- Civil procedure: law of evidence
- Civil remedies
- Courts & procedure
- Damages & compensation
- Injunctions & other orders
- Judicial powers
- Legal system: costs & funding
- Legal system: general
- Legal system: law of contempt
- Regulation of legal profession
- Restitution
- Primary sources
- Private \ Civil law: general works
- Property
- Social
- Taxation & duties
- Torts & Delicts
- Wills & probate \ Succession
My Cart
You have no items in your shopping cart.