Tag Archives: human rights and environment

Human Rights and the Environment – Background Paper for the 13th Informal ASEM Seminar on Human Rights (BW Boer and A Boyle)

Authors

Ben W Boer and Alan Boyle

Keywords

Background paper, human rights and environment, interaction, crosscutting issues, sustainable development, access to information, participatory rights, actors, institutions, governance and climate change, Europe, Asia

Abstract

This Background Paper was prepared for the Asia-Europe Foundation‘s 13th Informal ASEM Seminar on Human Rights which took place in October 2013 in Copenhagen. It gives an overview of the topic of human rights and the environment and explores the interaction between these two fields. A number of crosscutting issues are identified. A fundamental set of questions concerns the relationship between human rights concepts and the need to protect and conserve the environment at international, regional and national levels. While many of the issues raised are presented from a legal perspective, clearly, a number of approaches can be taken to the interaction between human rights and the environment, for example from the point of view of ecology, political science, international relations, economics and sociology. The paper addresses four themes with examples drawn from the European and Asian regions: Sustainable Development, Environment and Human Rights; Access to Information, Participatory Rights and Access to Justice; Actors, Institutions and Governance and Climate Change and Human Rights Implications. The paper argues that while neither the European Union (EU) countries nor countries in the Asian region are by any means uniform in the development of human rights and environmental protection at a national level, there is a good deal more coherence in terms of a regional approach in Europe compared with Asia. In relation to human rights, this is in part because of the establishment of the European Court of Human Rights. In Asia, apart from the Intergovernmental Commission on Human Rights established by the Association of Southeast Asian Nations in 2009, no such regional structures exist. In the environmental realm, there is a reasonable amount of consistency in the development of environmental law across the European Union, because of the directives and regulations issued by the European Parliament and the oversight of the European Commission. In Asia, there is little capacity for region-wide or sub-region-wide environmental law-making, with the exception of the ASEAN member states. Differing social, cultural, political and economic circumstances in the European and Asian regions are the drivers of these distinctions.

Citation

Human Rights and the Environment – Background Paper for the 13th Informal ASEM Seminar on Human Rights (February 10, 2014). Sydney Law School Research Paper No. 14/14.

Paper

Human Rights and the Environment – Background Paper for the 13th Informal ASEM Seminar on Human Rights

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Human Rights and the Environment: Substantive Rights (D Shelton)

Author

Diana Shelton

Keywords

Human rights and environment, multiple sources, right to life, right to health, right to privacy, right to standard of living, balance, environment, economic advancement

Abstract

This chapter focuses on the relationship between human rights and the environment. The chapter describes multiple sources of human rights and environmental obligations, including international treaties, national law, and the judicial decisions of international courts. Human rights that indirectly call for environmental conservatism include the rights to life, health, privacy, and standard of living. This chapter concludes by noting that governments must balance human rights related to the environment with other concerns such as economic advancement.

Citation

Human Rights and the Environment: Substantive Rights in M Fitzmaurice, DM Ong and P Merkouris, Research Handbook on International Environmental Law (2011); GWU Legal Studies Research Paper No. 2013-33; GWU Law School Public Law Research Paper No. 2013-33.

Paper

Human Rights and the Environment: Substantive Rights

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Human Rights Approaches to Environmental Protection (Alan E Boyle and Michael R Anderson)

Author(s)

Alan E Boyle and Michael R Anderson

Keywords

Essays, human rights and environment, debate, legal status of environmental rights, international human rights law, EC law, developing countries, jurisprudence

Abstract

This collection of essays explores links between the environment and human rights, and responds to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law, and on the proposals for a human right to a satisfactory environment. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights. The conceptual dimensions are particularly rich, raising fundamental questions concerning the human/environment relationship as well as more general issues regarding the form, content and limitations of international and domestic human rights law. The first part of the book deals mainly with the protection of the environment in international human rights law and EC law, while part two concentrates on problems and experience in developing countries, some of which have already incorporated environmental rights and international constitutional law and from which a growing jurisprudence has emerged. This is where at present human rights approaches seem to be of greatest value. Each chapter is written by an author well qualified in the field. The volume will have a wide appeal to anyone interested in environmental law and human rights.

Citation

Alan E Boyle and Michael R Anderson, Human Rights Approaches to Environmental Protection (Oxford, OUP, 1996)

Publication

Human Rights Approaches to Environmental Protection

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