The Right of Access to Environmental Information and Legal Transplant Theory: Lessons from London and Beijing. Issue 3 (23rd May 2017)

• Record Type: Journal Article
• Authors: Whittaker, Sean
• Is Part Of: Transnational environmental law. Volume 6:Issue 3(2017)
• Page Start: 509
• Page End: 530
• Publication Date: 2017-05-23
• Subjects: Right of access to environmental information, -- Legal transplant theory, -- Law reform, -- England, -- China, -- Aarhus Convention; Environmental law, International -- Periodicals; 344.046
• DOI: 10.1017/S2047102517000115
• Languages: English
• ISSNs: 2047-1025

Abstract

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.