What law does not understand about public participation

Abstract

Public participation plays a vital role in developing and implementing climate policies. However, in practice, it is challenging to organise public participation effectively. In this paper, we compare three main regulatory approaches to public participation, the Aarhus Convention, the Escazú Agreement and the Impact and Benefits Agreements, in light of their ability to implement social sciences insights on effective public participation. By linking the social sciences and law, our analysis shows that the shortcomings of each regime, when individually taken, potentially explain why public participation practices face difficulty fulfilling the envisaged goals.