Tag Archives: Environmental human rights

Contextualizing Environmental Human Rights: A Relativist Perspective (R. Mushkat)

Author(s)

Roda Mushkat

Keywords

environmental protection, environmental deterioration, environmental damage, environmental human rights, relativist, relativism

Abstract

INTRODUCTION
The global environment continues to deteriorate, a phenomenon which manifests itself in virtually every sphere featuring interaction between man and nature. The full scale of this deterioration may not be fully apparent because of the long time lag between the emergence of environmental problems and their recognition. The extent of damage, actual and potential, to the physical habitat inevitably varies from one segment of the system to another, but it is considered to be serious overall and is deemed to be verging on the critical in certain physical domains, although an element of value judgement is doubtless involved in such assessments. Where the disruption caused/to be caused is most acute, global warming being an obvious case in point, one may legitimately conjure up scenarios depicting uncontrolled escalation, inadequate coping mechanisms, and widespread social dislocation. The consequences of man’s abuse of nature have by no means gone unnoticed. They have been acknowledged and incorporated into the policy agenda at the global, regional, national, and subnational level. The law has played a vital role in the process, both through domestic and international channels. Nevertheless, the problems persist – indeed, they proliferate and assume more unpalatable forms. Institutional responses are seldom commensurate with challenges confronting communities and environmental degradation is perhaps no exception to the norm.

Citation

(2009) 26 Pace Environmental Law Review 116.

Paper

Contextualizing Environmental Human Rights: A Relativist Perspective

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Exercising Environmental Human Rights and Remedies in the United Nations System (L. A. Malone)

Author(s)

Linda A. Malone

Keywords

environmental degradation, human rights violation, international human rights, United Nations, environmental human rights, jurisdiction, international law

Abstract

Whenever environmental degradation results in a human harm that violates accepted human rights norms, an international, regional or domestic human rights committee, commission, and/or court may provide a remedy that can contribute effectively to rectifying the underlying environmental
degradation as well as the human rights violation. This Article chronicles in the United Nations (“UN”) system the array of environmental human rights claims, how to determine and establish jurisdiction in the proper forum, the functions of varying fora where such claims may be filed, and newly emerging rights that have been recognized and legitimized in international law through this process.

Citation

(2002) 27 William & Mary Environmental Law and Policy Review 365.

Paper

Exercising Environmental Human Rights and Remedies in the United Nations System

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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

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The European Convention on Human Rights and Fundamental Freedoms and the Human Rights to a Clean Environment: The English Perspective (M. Fitzmaurice)

Author(s)

Malgosia Fitzmaurice

Keywords

environmental human rights, England, European Convention on Human Rights, rights to a clean environmental, fundamental freedoms

Abstract

Contents:
I. Introduction to the Chapter
II. Introduction to the Issues Concerning the Human Right to a Clean Environment
III. The 1950 European Convention on Human Rights and Fundamental Freedoms and the Jurisprudence of the European Grand Chamber of Human Rights
IV. Brief Introduction to the 1998 Human Rights Act
V. The Environmental Issues before the English Courts (Selected Case Law)
VI. Conclusions

Citation

Malgosia Fitzmaurice, “The European Convention on Human Rights and Fundamental
Freedoms and the Human Rights to a Clean Environment: The English Perspective” in
Law of the Sea, Environmental Law, and Settlement of Disputes (Brill 2007) p53

Paper

The European Convention on Human Rights and Fundamental
Freedoms and the Human Rights to a Clean Environment: The English Perspective

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Enforcing Environmental Human Rights: Selected Strategies of US NGOs (J. Cassel)

Author(s)

Jennifer Cassel

Keywords

environmental harm, human rights violations, international human rights law, NGO’s, US, United States, environmental human rights

Abstract

In spite of the clear link between environmental harm and human rights violations, international human rights law which contemplates environmental destruction as a violation of human rights has only recently begun to emerge, and clear definitions of environmental human rights have yet to be formulated. Scholars in the field have proposed different concepts of environmental rights, including environmental rights as new, separate human rights, and environmental rights as encompassed within previously established human rights. Three non-governmental organizations, Earthjustice, the Center for International Environmental Law (“CIEL”), and Earthrights, have strategically used those concepts in their pursuit of enforcing environmental human rights. Earthjustice’s strategy has involved working through the United Nations system toward establishing environmental rights as enforceable law. CIEL has pursued environmental rights enforcement by submitting petitions to the Inter-American Commission of Human Rights (“IACHR”). Finally, Earthrights International has focused on submitting amicus briefs in litigation in US federal courts under the Alien Torts Claims Act. Of the three strategies used by these organizations, CIEL’s strategy of petitioning the IACHR to recognize the violation of well-established human rights by means of environmental degradation has been most successful in enforcing environmental rights claims thus far. By continuing to petition regional tribunals like the IACHR to enforce both concepts of environmental rights, as well as pressing international bodies to recognize such rights, international law may finally come to recognize the inherent intertwining of human rights and the environment.

Citation

(2008) 6 Northwestern Journal of International Human Rights 104.

Paper

Enforcing Environmental Human Rights: Selected Strategies of US
NGOs

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