The Escazú Agreement and the Regional Approach to Rio Principle 10: Process, Innovation, and Shortcomings

Abstract

Abstract The adoption in 2018 of the Escazú Agreement by the countries of the Latin American and Caribbean region marks the second regional legal instrument aimed at the implementation of Principle 10 of the 1992 Rio Declaration, joining the Aarhus Convention of the pan-European region. The international community has settled upon the regional level as the appropriate means for implementing standards related to access to information, public participation, and access to justice in environmental matters. The appropriateness of the regional level is demonstrated by the differences and innovations found in the Escazú Agreement, in its scope and definitions, background principles, burden of proof and protections of environmental defenders and vulnerable populations. Yet, the regional approach also entails risks, as demonstrated by the limitation of the scope of rights for nationals of the country where specific activities are planned or occurring.