Tag Archives: aarhus convention

Environmental Justice and International Environmental Law (Gonzalez)

Author

Carmen G Gonzalez

Keywords

Environmental justice, sustainable development, equity, ethics, colonialism, post-colonialism, special and differential treatment, common but differentiated responsibility, ecological debt, climate change, human rights, environmental human rights, Aarhus Convention, transnational corporations

Abstract

Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used to integrate environmental justice into the broader corpus of international law so as to promote social and economic justice while protecting the planet’s natural resources for the benefit of present and future generations.

Citation

Shawkat Alam, Jahid Hossain Bhuiyan, Tareq M R Chowdhury, Erika Techera (eds.),ROUTLEDGE HANDBOOK OF INTERNATIONAL ENVIRONMENTAL LAW (Routledge, 2013); Seattle University School of Law Research Paper No. 12-11.

Publication

Environmental Justice and International Environmental Law

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Global Importance of Human Rights for Environmental Protection (M. Fitzmaurice)

Author(s)

Malgosia Fitzmaurice

Keywords

human rights, environmental protection, European Union Law, European Convention on Human Rights and Political Freedoms, human rights law, procedural environmental rights, Aarhus Convention

Abstract

The essay analyzes the global importance of human rights for environmental protection. Having analyzed various regional human rights treaties, it is difficult to draw up a definite answer as to the role of human rights in global environmental protection. It may be said that international human rights law protects an individual from environmental harm, but is ineffective in protecting the environment itself. One of the obstacles when attempting to address environmental issues through human rights law is the narrow formulation of standing before the human rights courts and the lack of actio popularis. Some interesting examples of the redress of environmental claims through human rights law are provided in the jurisprudence of the European Court of Human Rights, where such claims are based mainly on Article 8 of the European Convention on Human Rights and Political Freedoms. However, close analysis of this case law indicates that the Court adopted a limited interpretation of Article 8 of the Convention when redressing environmental claims. Therefore, the future of environmental human rights lies in the procedural environmental rights as embodied in the 1998 Aarhus Convention.

Citation

(2009) 1 The Global Community Yearbook of International Law and Jurisprudence 73

Paper

Global Importance of Human Rights for Environmental Protection

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Environmental Rights in the EC Legal Order (P. Eleftheriadis)

Author(s)

Pavlos Eleftheriadis

Keywords

environmental rights, European Union, European Commission legal order, rights of environmental activists, Aarhus Convention, uniformity, access to justice

Abstract

This article attempts to offer a general framework for the protection of environmental rights in the European Union’s legal order. The article discusses the Aarhus Convention, which follows the international trend for procedural protection of environmental rights. The European Commission proposes to give effect to its ‘access to justice’ dimension of the Aarhus Convention in a way that endorses uniformtity as a goal. I argue that this goal is mistaken. The guiding constitutional principle in this area should be that unless there are strong reasons to the contrary, EC law will only supplement the public law of the Member States by providing minimum standards. Under the scheme of environmental rights established by the Aarhus Convention each applicant or environmental activist may have slightly different rights depending on the country where he or she starts their actions or launches their campaigns. The public law of the EC, of which environmental law is now a major part, is not an attempt at harmonization nor is it a simple deduction from the principles of direct effect and supremacy.

Citation

(2007) Oxford Legal Studies Research, Working Paper No. 24

Paper

Environmental Rights in the EC Legal Order

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Making Treaties Work: Human Rights, Environment and Arms Control (G. Ulfstein et al)

Editors

Publication edited by Geir Ulfstein, Thilo Marauhn and Andreas Zimmerman Thilo.

Keywords

International environmental law, international human rights, international arms control, procedure, Aarhus Convention, complexity

Abstract

There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this 2007 book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of international law and deal with multilateral, rather than purely bilateral issues. Each part of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.

Citation

Geir Ulfstein, Thilo Marauhn and Andreas Zimmerman Thilo (eds) Making Treaties Work: Human Rights, Environment and Arms Control (CUP, New york, 2007)

Publication

Making Treaties Work: Human Rights, Environment and Arms Control

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail

Forests, climate change and human rights: managing risks and trade-offs (F. Seymour)

Author

Frances Seymour

Keywords

Tropical deforestation, international agenda, human rights, climate change, forest governance, mitigation of forest-based emissions, procedural rights, Aarhus Convention, justice and equity, risks, trade-offs

Abstract

Following the decline over the years of interest relating to tropical deforestation, that was highlighted at the Rio Conference in 1992 (UNCEC), in recent years it has seemingly reappeared on the international agenda as has linked overwhelmingly to climate change. The Stern Review (2007) asserted that controlling deforestation was ‘one of the least expensive strategies for reducing emissions’ and subsequently reducing emissions from deforestation and degradation (REDD) is a focal point of global and national mitigation strategies. Aside from the environmental consequences of deforestation management of tropical forests is relevant to human rights owing, in part, to many of the world’s poorest people being dependent on forests for their survival and livelihoods. Unclear property rights, the absence of public scrutiny and historically repressive state actions are all socio-economic characteristics that contribute to climate change whilst infringing human rights. This article/chapter acts as an overview concerning the interconnection of deforestation, climate change and human rights issues.

Citation

Frances Seymour, Human Rights and Climate Change (CUP, Cambride 2010), Ch. 7, 207.

Paper

Forests, climate change, and human rights: managing risks and trade-offs.

FacebooktwitterpinterestlinkedintumblrmailFacebooktwitterpinterestlinkedintumblrmail