The 1998 Aarhus Convention21 is particularly significant for having codified, for the first time, environmental procedural rights, guaranteeing all citizens the right of access to environmental information, participation in decision-making processes, and access to justice in environmental matters. The Convention represents a model of environmental democracy that has influenced legislation in many states and international organizations. III. THE FORMAL RECOGNITION OF THE RIGHT TO A HEALTHY ENVIRONMENT IN CONTEMPORARY INTERNATIONAL LAW The right to a healthy environment has been fully integrated into the regulatory framework of the United Nations 2030 Agenda for Sustainable Development, adopted by the General Assembly on 25 September 201522. The Sustainable Development Goals (SDGs) clearly demonstrate the systemic interconnection between the environmental dimension and human rights: Goal 3 (good health and well-being), Goal 6 (clean water and sanitation), Goal 7 (affordable and clean energy), Goal 13 (climate action), Goal 14 (life below water), and Goal 15 (life on land) frame environmental protection as a cross-cutting condition for the enjoyment of all fundamental rights23. The very structure of the 2030 Agenda, built around the paradigm of integrated sustainability (economic, social, and environmental), reflects the definitive overcoming of the traditional opposition between economic development and environmental protection. Sustainability is no longer conceived as an external constraint on development, but as one of its constitutive and inalienable dimensions. The evolution of environmental law has also extended to the private sector through the rise of ESG criteria (Environmental, Social, and Governance)24. These criteria represent evaluation standards that integrate environmental, social, and governance aspects into investment decisions and corporate strategies. The adoption of ESG standards reflects growing awareness that sustainability is not only an ethical imperative but also a key factor for long-term competitiveness and economic resilience. 21 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, Aarhus, 25 giugno 1998. 22 Resolution of the United Nations General Assembly A/RES/70/1 of 25 September 2015, “Transforming our world: the 2030 Agenda for Sustainable Development”. 23 Ibidem 24 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment. 132 GINEVRA GELSOMINI
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