Human Rights, Environmental Protection, Economic Incentives and Disincentives, Regulatory Measures, Criminal law, Private Liability Regimes
In the space of one week in the second half of August, 2007, two non-governmental organizations, an intergovernmental organization, a leading US law school, a major foundation, and the government of a small island developing state all telephoned my office to inquire about taking a rights-based approach to the problem of global climate change. While the linkages between human rights and environmental protection have been increasingly strengthened in the 35 years since the Stockholm Conference on the Human Environment, the calls were evidence that the present concern with climate change has accelerated and broadened consideration of the utility of a rights-based approach to environmental protection. Various analytical constructs can be invoked in law in order to protect the natural world and ecological processes on which life depends: economic incentives and disincentives, regulatory measures, criminal law, and private liability regimes all form part of the framework of international and national environmental law.
(2008) 38 Environmental Policy and Law 41