A comparative analysis of public access to justice in environmental matters under the Escazú Agreement

Abstract Many hailed the entry into force of the Escazú Agreement in 2021. Those who do, hope for the ultimate achievement of the Agreement's goal of further establishing environmental democratic rights and, thus, enabling sustainable development in Latin America and the Caribbean. To date, significant environmental and related human rights challenges in the region continue to attract global attention. This underscores the timeliness of the Agreement. Within the context of local peculiarities and good practice in the field as reflected in the Aarhus Convention and the UNEP Bali Guidelines, this article assesses the potential effectiveness of, and the extent to which the right of the public to access justice in environmental matters under the Escazú Agreement is capable of enabling the regime to achieve its goal, and how best this right might be strengthened where necessary. The article finds that while aspects of the access to justice regime in the Agreement are sound and align with or go beyond good practice, some key provisions require improvement.