Environmental Law in Advocacy Campaigning

dr. Csaba Kiss

EMLA

Justice & Environment

24-26 September 2013

Palic, Serbia

What is environmental law?

• Environmental law is a collective term describing international treaties (conventions), statutes, regulations, and common law or national legislation (where applicable) that operates to regulate the interaction of humanity and the natural environment, towards the purpose of reducing the impacts of human activity.

(wikipedia)

What is environmental law?• (g) "environmental law" means Community legislation and legislation

adopted to implement Community legislation which have as their objective the protection or the improvement of the environment, including human health and the protection or the rational use of natural resources, in areas such as:

• i) water protection

• ii) noise protection

• iii) soil protection

• iv) atmospheric pollution

• v) town and country planning and land use

• vi) nature conservation and biological diversity

• vii) waste management

• viii) chemicals including biocides and pesticides

• ix) biotechnology

• x) other emissions, discharges and releases in the environment.

• xi) environmental impact assessment

• xii) access to environmental information and public participation in decision-making.

(Art. 2.1.g of the Access to Justice Directive Draft 2003)

What is advocacy?

• Advocacy is a political process by an individual or group which aims to influence public-policy and resource allocation decisions within political, economic, and social systems and institutions.

(wikipedia)

What is advocacy?

• OutreachPreparation of an output and presentation of the output to recipients.

• LobbyingExercising influence on policy-makers and/or decision-makers.

• AdvocacyGathering support (critical mass) for exercising support on policy-makers and/or decision-makers.

Effective advocacy?

• Capacities• Eight capacities for effective advocacy:

organizational characteristics, leadership, board leadership, adaptability, management, networks, technical skills, and organization culture

• Strategies• Four strategies for effective advocacy:

community and grassroots organizing, coalition building, public education, and legislative advocacy

(Morariu – Brennan: Effective Advocacy Evaluation)

Suggestions from a lawyer

• Capacities• Organizational characteristics: affection to legal

issues• Leadership: lawyer in decision-making• Board leadership: lawyer in leading position• Adaptability: reaction to legal developments• Management: lawyer on the staff• Networks: membership of or contact to legal

networks• Technical skills: monitoring of legal

developments• Organization culture: ability to manage legal

issues

Suggestions from a lawyer

• Strategies

• Community and grassroots organizing: ability to communicate legal message (translate to real life examples) and inspire people

• Coalition building: networking with legal NGOs

• Public education: raise public awareness/capacities to understand legal issues

• Legislative advocacy: reactive and proactive

National organizations and networks§ Association for Environmental Justice (AJA, Spain)

§ Bankwatch Association Romania (BWA, Romania)§ Environmental Action Alliance - Ireland (EAA-I, Ireland)

§ Environmental Law Service (EPS, Czech Republic)

§ Environmental Management and Law Association (EMLA, Hungary) 

§ Estonian Environmental Law Center (EELC, Estonia)

§ Front 21/42 (FYR Macedonia) 

§ Independent Institute for Environmental Issues (UfU, Germany) § International Institute for Law and the Environment (IIDMA, Spain)                 § ÖKOBÜRO (ÖB, Austria)

§ Legal Information Centre (PIC, Slovenia)  

§ VIA IURIS (VI, Slovakia)

§ Zelena Akcija (ZA, Croatia)

=

§ Justice and Environment

Example 1: EIA Directive

• Letter to EC by EEB, FOE, GP and J&E on what we expect from a revised EIA Directive 2010

• Case studies and EIA seminar (Romania) 2011

• EIA meeting (Brussels) 2012• EIA position paper 2012• Letters to members of the EP ENVI

Committee, to MEPs, to rapporteur on the EP 2013

Example 2: A2J Directive

• Impacts of an A2J Directive on a few MS 2007

• Impact assessment of an A2J Directive in a number of MS 2012

• Analytical study on access to justice 2012

• Participation at EC Expert Group Meetings 2012

• Communication with the EC 2009-2012

• Green Week satellite event (Brussels) 2013

• Online consultation by J&E members on the A2J Directive 2013

• Positon paper to EC on the consultation by EEB and J&E 2013

Thank you and good luck

in environmental legal campaigning!