How not to miss the next departure?

On the third and final day of the conference, Professor Anatole Boute, from the Chinese University of Hong Kong and a member of RERI Advisory Board gave a presentation on the relations between foreign investments and environmental protection, highlighting how investment treaties, arbitration and legal frameworks can undermine environmental regulations. Following this, Professor Jerzy Jendrośka  discussed the criteria for NGO standing under the Aarhus Convention, emphasizing the legal requirements for environmental NGOs to challenge acts or omissions contravening national law, as well as the challenges and approaches to ensuring the quality and independence of EIA reports. Kathrine Nield, a lawyer at ClientEarth, delivered a session on using litigation to address air pollution, enforcing compliance with air quality standards and promoting public health, by drawing on the example of the UK. Hristina Vojvodić and Ljubica Vukčević from RERI discussed differences in criminal and commercial offence procedures, and the challenges in obtaining evidence and persuading the prosecution to initiate criminal proceedings.  

After that, Antoine Avignon, from the EU delegation to the Republic of Serbia shared his  insights on the state of rule of law and implementation of environmental policies in the Western Balkans region and the EU, highlighting the importance of integrating environmental protection with economic practices. 

The conference was wrapped up by RERI’s Programme Director Mirko Popović, who provided concluding remarks summarizing key points shared by the speakers during the conference. 

Highlights:

• Foreign investments, while crucial for economic growth, can undermine environmental protections when investors use investment treaties to bypass national regulations, leading to a “race to the bottom” and potential “regulatory chill” as governments fear arbitration over new environmental measures.
• Investment treaties, such as those under the Energy Charter, require balancing economic rights with environmental protection, as tribunals sometimes rule in favor of investors even when environmental policies are at stake, raising questions about the scope of government regulation and its implications on climate change action.
• The role of organisations representing public interest is crucial in monitoring the progress of a criminal case against big company polluters since they often have more knowledge and experience in the field to provide concrete evidence of criminal activities.  
• Although the region committed to implementation of the Green Agenda for the Western Balkans there is a lack of accountability towards undertaken commitments considering that it is not legally binding. 
• To ensure progress, stronger enforcement of environmental policies, public participation, proper environmental assessments, and the integration of prevention and rule of law principles are essential for overcoming uncertainty and corruption, with NGOs playing a key role in fostering public discussion and judicial accountability. 
• Prevention is a more effective tool than enforcement and sanctions, as it emphasizes proactive measures and fosters public dialogue. Early communication between decision-makers and those affected by their decisions is crucial, as it forms the foundation of our decision-making process, ensuring a balanced approach between environmental protection and economic growth.