Environmental policy; nuisance; peaceful enjoyment of possessions; pollution; proportionality; right to fair trial; right to respect for home.
Examines whether environmental nuisances can infringe humanrights, particularly the right to respect for one’s home under the European Convention on HumanRights 1950 art.8 and the right to peaceful enjoyment of possessions under Protocol 1 art.1. Outlines the approach of the European Court of HumanRights. Considers whether either right is a civil right and therefore invokes the protection of art.6. Asks whether states have a positive obligation to protect individuals from environmental nuisance. Assesses the Court’s approach to challenging national environment policies and to proportionality.
(2008) 16(2) European Review of Private Law, 269-281.