Fundamental rights and private law in Europe: a fundamental right to environment (M. D. S. Galera)

Author Maria Dolores Sanchez Galera. Keywords EC law; environment; humanrights; indirect effect. Abstract Considers the extent to which a fundamental right to environment exists. Discusses the horizontal effect of fundamental rights, including the German “radiation thesis” approach, the traditional right for the protection of environmental interests, the impact of the Treaty of Lisbon on the […]

Deriving environmental rights from the ECHR (M. DeMerieux)

Author Margaret DeMerieux Keywords ECHR, lack of specific Article(s) in the Convention that protection human environmental right(s), theoretical approaches, possible formulation of specific right(s). Court’s approch, adequate human environmental protection can be derived from existing framework. Abstract This article examines the way in which the organs of the European Human Rights Convention have dealt with […]

Human rights and the environment in the law of England and Wales (K. Morrow)

Author Karen Morrow Keywords Human rights, environment, procedure, ECHR, Aarhus Convention, judicial review, costs Abstract This paper considers recent domestic case law demonstrating developments of particular importance in pursuing environmental claims before the courts in England and Wales. It reflects on the evolution of mainstream human rights law, specifically the European Convention on Human Rights […]

The creativity of the European Court of Human Rights (A. Mowbray)

Author Alastair Mowbray Keywords European Court of Human Rights; Human rights; Judicial decision-making; Jurisprudence; Treaty interpretation Abstract Considers the ways in which the European Court of Human Rights has assumed a creative role in response to changing ethical standards and social circumstances. Reviews case law on the court’s development of the “living instrument” doctrine and […]

Works in progress: new technologies & the ECHR (T. Murphy & G.O. Cuinn)

Author(s) Therese Murphy and Gearoid O. Cuinn Keywords Biotechnology; Human rights; Information technology Abstract A field–new technologies and human rights or, more broadly, law and technology–is in the process of being framed. Should the European Court of Human Rights be seen as part of that process? To find out, we searched the Court’s case law […]