Category Archives: ECHR

Judicial implementation of rights based approaches to environmental governance: Regional Perspectives (E. Grant)

Author

Evadne Grant

Keywords

Interdependence of human rights and environment, European Convention on Human Rights (ECHR), American Convention on Human Rights (ACHR), African Charter on Human and Peoples’ Rights (ACHPR).

 Abstract

While it is widely accepted that there is a very close connection between human rights and the environment, what exactly the nature of that connection is, is not always clarified. Two fundamental aspects of the relationship are that human rights and the environment are interdependent and that the relationship of interdependence is complex, involving multiple rights of multiple people and often whole communities.  Focusing on the jurisprudence of the three regional human rights tribunals,  this chapter questions whether human rights law as it is currently practiced, adequately recognizes and reflects the interdependence of human rights and the environment and the complexity of that relationship.

Citation

E Grant, ‘Judicial implementation of rights based approaches to environmental governance: Regional perspectives’ in E Daly et al (eds), New Frontiers in Environmental Constitutionalism (UNEP 2017)

Paper

New Frontiers in Environmental Constitutionalism

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Research Handbook on Human Rights and the Environment (A. Grear and L.J. Kotzé eds)

Editor

Anna Grear and Louis J. Kotzé

Keywords

Human rights, environment, epistemology, Ecological Subjectivities, natural law, United Nations, Australasia, New Zealand, environmental justice, Inter-American Court of Human Rights, Aarhus, climate displacement, North-South, ecosystem services

Abstract

Bringing together leading international scholars in the field, this authoritative Handbook combines critical and doctrinal scholarship to illuminate some of the challenging tensions in the legal relationships between humans and the environment, and human rights and environment law.

The accomplished contributors provide researchers and students with a rich source of reflection and engagement with the topic. Split into five parts, the book covers epistemologies, core values and closures, constitutionalisms, universalisms and regionalisms, with a final concluding section exploring major challenges and alternative futures.

An essential resource for students and scholars of human rights law, the volume will also be of significant interest to those in the fields of environmental and constitutional law.

Citation

(2015) Edward Elgar

Book

Research Handbook on Human Rights and the Environment

 

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The Environmental Jurisprudence of the European Court of Human Rights, 2003-2004 (D. Shelton)

Author

Dinah Shelton

Keywords

Human Rights, Environmental Jurisprudence, European Court of Human Rights

Abstract

None available

Citation

in (2004) 1 Global Community: The Year Book of International Law and Jurisprudence  293,  (Oceana: Dobbs Ferry, NY)

Paper

The Environmental Jurisprudence of the European Court of Human Rights, 2003-2004

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A Right to Environment in International Law: Current Status and Future Outlook (P. Pevato)

Author(s)

Paula M.Pevato

Keywords

Right to Environment, International Law, Public Policy, Human Rights, Policy Science

Excerpt

In adhering to the spirit of this special issue of RECIEL that aims to ‘look back and look ahead’, this article is both reflective and somewhat prescient, given that it will touch upon recent history, present status and future prospects of one such concept that has emerged para, or alongside, the progressive development of inter-
national law for the protection of the environment: the right to environment. The leitmotif of this article is rather straightforward: what is a right to environment in contemporary international law and policy and what is the forecast for future recognition as a human right? Given that many arguments cannot be developed fully within the scope of this article, its aim is modest: to reevaluate prevailing attitudes, both convergent and divergent tides of thought; to situate the status of this concept within current international legal theory and practice; and, to raise relevant questions for further reflection.

Citation

(1999) 8 Review of European Community and International Environmental Law 309-321

Paper

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The Human Right to the Environment as a Substantive Right (M. Pallemaerts)

Author(s)

Marc Pallemaerts

Keywords

Human Rights, Right to a Healthy Environment, International Law, European Law, Substantive Right

Excerpt

The purpose of this introductory essay is to examine to what extent the existence of an individual right to a healthy environment is recognised under international law and, in so far as it is, what is the substantive content of such a right. To this end, we shall review relevant international instruments of a global as well as regional nature, both legally binding and non-binding, which address the relationship between environmental protection and human rights.

Citation

(2002) in Human Rights and the Environment: Compendium of instruments and other international texts on individual and collective rights relating to the environment and the international and European framework, Maguelonne Déjeant-Pons and Marc Pallemaerts, 11-21 (Germany: Council of Europe Publishing)

Paper

The Human Right to the Environment as a Substantive Right

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