Tag Archives: Enforcement Procedures

The Human Rights System as a Conceptual Framework for Environmental Law (R. S. Pathak)


R.S. Pathak


Environmental Rights, Natural Order, Future Generations, Common Concern of Mankind, Indigenous People, Anthropocentrism, Environmental Philosophy, Refugees, International Law, Enforcement Procedures


The fundamental significance of environmental protection in shaping the quality of life of a people was reflected, from the commencement of the second half of this century, in the enacted constitutional law of a large number of countries, which include both developed and developing nations. There is a growing volume of environmental legislation and an increasing number of environmental protection agencies.
And as the gap closes between the developed and the developing countries in regard to the significance of the environmental philosophy, an enlarging consensus has become possible in the adoption of global policies and programmes providing for environmental protection.
Environmental law is concerned with our natural heritage and our cultural heritage. The natural heritage includes the atmosphere, the oceans, plant and animal life, water, soils, and other natural resources, both renewable and exhaustible. Our cultural heritage includes the intellectual, artistic, social, and historical record of mankind. Natural heritage is linked with cultural heritage, the survival, protection, and progress of both being interdependent. Man is the bridge between the two. Cultural heritage is the product and record of human perceptions of the natural order through visual, ethical, or mystical perspectives. It issues from man’s vision of his natural heritage. In turn, the protection and preservation of man’s natural heritage depends on human attitudes emanating from cultural, ethical, and religious beliefs.


(1992) in Environmental Change and International Law: New Challenges and Dimensions, Edith Brown Weiss ed., Chapter 8 (United Nations University Press: Tokyo)


The Human Rights System as a Conceptual Framework for Environmental Law