Category Archives: European Union Law

Commentary on Article 37 of the EU Charter of Fundamental Rights – Environmental Protection (M. Marin-Duran and E. Morgera)

Author(s)

Gracia Marin-Duran and Elisa Morgera

Keywords

EU Charter, environmental integration, environmental rights, access to justice, international environmental law

Abstract

This paper analyzes Article 37 (Environmental Protection) of the EU Charter of Fundamental Rights from the viewpoints of EU law and international environmental law. It explores the reasons for the lack of any individually justifiable environmental right of a substantive or procedural character under the Charter. The paper then investigates the potential of Article 37 to influence the interpretation and application of EU law and of other Charter provisions in the light of the EU Treaty requirement of environmental integration.

Citation

(2014) Peers, Hervey, Kenner and Ward, eds. Commentary on the EU Charter of Fundamental Rights (Hart) pp. 983 – 1003.

Paper

Commentary on Article 37 of the EU Charter of Fundamental Rights – Environmental Protection

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Protecting Environmental Rights Through the Bilateral Agreements of the European Union: Mapping the Field (E. Morgera)

Author(s)

Elisa Morgera

Keywords

EU external relations, EU environmental policy, environmental rights, EU agreements, climate change, biodiversity, forest, traditional knowledge, corporate accountability

Abstract

The present paper aims to map existing and future opportunities for utilizing EU bilateral agreements to promote the protection of environmental rights, as well as available legal avenues to address missed opportunities and possible risks that EU environmental action abroad may negatively impact on environmental rights in third countries. It starts with a brief overview of the external environmental policy of the EU, including constitutional requirements to couple human rights and environmental protection in external relations and an introduction to the practice of EU bilateral agreements. The chapter will then provide a snapshot of the environment-and-human-rights connection in EU law from an internal perspective, to demonstrate the political sensitivity of the issue. Against this background, the central part of the paper will identify six thematic areas in which entry points for the protection of environmental rights exist in the framework of EU bilateral agreements. The final section will offer a preliminary reflection of the human rights risks of current environmental external relations of the Union and possible avenues to tackle these risks in EU and international law.

Citation

(2014) Lenzerini, F and A Vrdoljak, eds. International Law for Common Goods: Normative Perspectives on Human Rights, Culture and Nature (Hart) pp. 421-441

Paper

Protecting Environmental Rights Through the Bilateral Agreements of the European Union: Mapping the Field

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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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Environmental Rights in the European Community (D. Shelton)

Author

Dinah Shelton

Keywords

European Community Law, Human Right to a Healthy Environment

Excerpt

The treaties creating the European Community contain neither a catalogue of Human Rights nor a reference to environmental protection. This is not surprising, given the focus of the Community, as well as its relatively early date of inception. The language closest to both subjects is contained in Article 36 of the Treaty of Rome, which states that the provisions of the treaty “shall not preclude prohibitions and restrictions … justified on grounds of … the protections of health and life of humans, animals or plants.” Despite their general absence from Community documents, both human rights and environmental protections have found their way into Community law as it has evolved over more than three decades. The evolution has not produced a declared human right to an environment of a particular quality; however, it has resulted in certain guaranteed environmental rights, including the right to receive environmental information, the right to participate in decisions affecting the environment, and the right to ac…

Citation

(1992-3) 16 Hastings International and Comparative Law Review 557

Paper

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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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