Tag Archives: Aarhus

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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Public interest litigation concerning environmental matters before human rights courts…(C. Schall)

Author

Christian Schall

Keywords

Environment; European Court of HumanRights; humanrights; locus standi (standing); access to justice; Aarhus Convention; public interest.

Abstract

This article endeavours to explain the current state of environmental public interest litigation before the three regional humanrights bodies of Europe, America and Africa in the light of their constituting treaties and case law. It assesses the likely impact of the Aarhus Convention and the changing national jurisdictions on the procedural but also on the substantive rights guaranteed by these bodies. It also assesses the chances of reform to broaden access to justice in environmental matters in the European humanrights system. It argues that, although national and international jurisdictions generally point towards broader access to justice, the legal systems currently employed by the European and Inter-American humanrights institutions are not apt for a concept of public interest litigation.

Citation

(2008) 20(3) Journal of Environmental Law, 417-453.

Paper

Public interest litigation concerning environmental matters before human rights courts: a promising future concept?

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Environment rights versus environmental wrongs: forum over substance? (M. Soveroski)

Author

Marie Soveroski

Keywords

Right to a clean/healthy environment; Stockholm Declaration; Rio Declaration; sustainable development; indigenous rights; procedural rights (Aarhus Pillars).

Abstract

Beginning with the 1972 Stockholm Declaration, there have been a number of international proclamations of a human right to a clean environment, both implicit and explicit. The highpoint of this movement towards an internationally recognized substantive right to a clean environment came with the 1992 Rio Declaration. This movement has continued forward in regional and specialized regimes – for example with respect to water and indigenous rights. There has also been a parallel move towards recognition of what can be considered procedural rights, which require public access to information, participation in decision making, and access to justice in environmental matters. This article argues that further development and use of these procedural rights will not only provide opportunities to protect environmental rights, but can also further the development of a substantive right to a clean environment.

Citation

(2007) 16(3) Review of European Community and International Environmental Law, 261-273

Paper

Environmental rights versus environmental wrongs: forum over substance?

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The Aarhus Convention and access to justice (D. A. Reid)

Author

Donald A Reid

Keywords

Aarhus Convention; access to justice; environmental justice; participatory democracy; sustainable development; environmental and human rights; access to information; public participation.

Abstract

Based on a talk given at the UKELA conference in Edinburgh (30th October 2003) this paper highlights the content and meaning of the Aarhus Convention and its three pillars that brings together environmental human rights law.

Citation

(2004) 16(2) Environmental Law and Management, 77-80.

Paper

The Aarhus Convention and access to justice.

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The cost of doing the right thing (P. Stookes and P. Michaels)

Author

Paul Stookes and Phil Michaels

Keywords

Access to justice; environmental justice; Environmental Justice Project; Aarhus Convention; cost barriers.

Abstract

This Article highlights the findings of the Environmental Justice Project and reveals that the courts do not fully appreciate the environmental matters and consequently the right to live in a healthy environment. The paper further outlines the barriers to potential litigants particularly in the context of cost issues.

Citation

(2004) 16(2) Environmental Law and Management, 59-66.

Paper

‘The Cost of Doing the Right Thing’ (P.Stookes and P.Michaels)

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