Category Archives: European Union Law

Environmental Rights in Europe and Beyond (Sanja Bogojevic and Rosemary Rayfuse eds)

Authors

Sanja Bogojevic and Rosemary Rayfuse

Keywords

Environmental Rights; European Union Law

Abstract

The growing awareness of an impending environmental crisis coupled with a series of national and regional environmental disasters led, in the 1960s and 1970s, to the birth of the global environmental movement and the widespread recognition of the need to protect the environment for both current and future generations. Against this backdrop the concept of ‘environmental rights’ surfaced as a means by which claims relating to the environment could be formulated in legal terms and thereby safeguarded. In the decades that followed, this concept has come to encompass many different variations of legal rights, which this book seeks to investigate and assess.

Citation

Sanja Bogojevic and Rosemary Rayfuse, Environmental Rights in Europe and Beyond (Hart Publishing 2018)

Book

Environmental Rights in Europe and Beyond 

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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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