Access to environmental justice for NGOs: reviewing the EU legal standing criteria in light of the Aarhus Convention

The human right of access to justice has been conceptualized by the Aarhus Convention in light of international environmental law, creating a right of access to environmental justice and recognizing an important role for non-governmental organizations (NGOs) in the enforcement and protection of this right. Considering that the European Union is a member to the Aarhus Convention, the EU criteria for legal standing should be interpreted in light of the Aarhus Convention. What we see here is a convergence of various fields or ‘layers’ – international human rights law, international environmental law, European Union Law – in which access to justice is conceptualized and institutionalized. This begs the question on how a potential conflict of converging norms and possibly competing authorities will be addressed, and whether a return to general rules of the law of treaties will be able to provide guidance on this matter. Further, does this situation lead to an enhanced right to access to justice for non-state actors or impede further progress?