International environmental agreements: ensuring efficiency and effectiveness (on the example of the Aarhus convention)

The article examines the state and prospects of ensuring the effectiveness and efficiency of international environmental agreements, in particular the Aarhus Convention.

The Aarhus Convention, ratified by the Law of Ukraine of July 6, 1999, enshrines the right of access to information, the right of public participation in decision-making and the right of access to justice in environmental matters. According to the Constitution of Ukraine, current international agreements, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine. After the ratification of the Aarhus Convention in Ukraine were adopted a number of legal acts, which are aimed at ensuring the mechanism of implementation of the provisions to the Convention. In particular, the adoption of the Law of Ukraine «On Environmental Impact Assessment» and the Law of Ukraine «On Strategic Environmental Assessment», which are aimed at regulating public involvement in the processes of discussion and adoption of environmentally significant decisions are positive achievements in the development of the legal framework for the implementation of the provisions to the Convention.

In addition to the adoption by Ukraine at the national level of legislation governing the scope of international law, the main conditions for ensuring the effectiveness and efficiency of international environmental agreements, including the Aarhus Convention are a high level of environmental awareness, competence of authorities and judicial bodies in matters related to the convention and their responsible application in practice, developed relevant case law, proper monitoring and control systems, effective communication and exchange of environmental information between institutions, creation of a national environmental automated information and analytical system to ensure access to environmental information, etc.

At the same time, only the complex and systematic work of public authorities, local governments and the judiciary, scientists and specialists in the field of environment, media, businesses, NGOs and individual citizens will help to increase the public understanding of the priorities of environmental protection and the benefits of sustainable development, and this will contribute to the implementation of Ukraine’s commitments under international environmental instruments, including the Aarhus Convention.