Revistes Catalanes amb Accés Obert (RACO)

Is a closed system of legal standing always safe for the environment. The Case of Armenia

Gor Movsisian

Resum


The objective of this note is to provide solutions to the problem of the legal standing of non-governmental organizations before the courts in the particular case of Armenia. These solutions are based on the progress that has been made in the study of environmental law, the provisions of the Constitution of Armenia, international obligations, and developments in case law. In particular, it is argued that non-governmental organizations in Armenia are formally endowed with the right to access justice on environmental matters in public interest litigations, even though this right is not recognized by the courts of the Republic of Armenia. To overcome this discrepancy the author of the article offers an interpretation of the legislation in order to sustain his position. By analysing some problems the author underlines the prominence of the developments in the Republic of Armenia and Europe that are little known to the lawmaking and law enforcing authorities or underestimated by them in the long term perspective.

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