Tag Archives: EU

The Intersection of Human Rights and Environmental Protection in the European Court of Human Rights (M. Acevedo)

Author

Mariana Acevedo

Keywords

Human rights, environmental protection, EU, European Court of Human Rights, responsibility

Abstract

In recent years, the evolution of a consensus regarding the need to address environmental protection issues has generated significant debate in the international community regarding who should bear responsibility for environmental harm. 1 One forum for this debate is the European Court of Human Rights (Court). The Court’s willingness to recognize the nexus between environmental protection and human rights in its latest environmental decisions reflects a growing recognition of the importance of environmental issues, specifically the quality of the environment, and the need for protection against and information about environmental threats. 2 In the landmark decision Guerra & Others v. Italy, the Court held that Italy failed to respect the applicant’s right to privacy and family life in breach of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), by not providing essential information which would have enabled the applicants to assess the environmental risks of living in proximity to a chemical factory.

Citation

(2000) 8 N.Y.U. Environmental Law Journal 437-495.

Paper

The Intersection of Human Rights and Environmental Protection in the European Court of Human Rights 

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Road to 2015: The European Union and the Realisation of the Human Right to Water (V. Deloge)

Author

Vivien Deloge

Keywords

Human right, drinking water, sanitation, UN, EU, rights-based approach, EU institutional endorsement

Abstract

Following the recognition of the human right to drinking water and sanitation by the United Nations (UN) General Assembly and Human Rights Council in 2010, one can wonder to what extent the normative content of the right to water is efficiently implemented in the European Union in accordance with the obligation of result laid down under Arts 11 and 12 of the International Covenant on Economic Social and Cultural Rights. Adopting a rights based approach, this article considers the realisation of the quality, accessibility and affordability contents of the right to water in EU legislation and its compliance with Member States’ obligations under international and European human rights instruments, before examining the institutional endorsement of the right in the EU legal order.

Citation

(2012) 16 New Zealand Journal of Environmental Law 1.

Paper

Road to 2015: The European Union and the Realisation of the Human Right to Water

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The Law and Policy of Ecosystem Services (J.B. Ruhl, et al)

Author(s)

J.B. Ruhl, Steven Kraft, Christopher Lant

Keywords

Ecosystems Services , Ecology, Geography, Economics, Law and Policy, Property Rights, Regulation, Social Norms, Water, : Blue, Conservation Reserve Program 1985-2006, Erosion, Riparian Buffers, Common Agricultural Policy,European Union, Agricultural Watershed, Wetland Mitigation Banking, Ecosystem Market, Pollution Trading, Carbon Trading, Global Warming, New Law and Policy,. Trade-Offs and Transitions, Instruments and Institutions

Abstract

The Law and Policy of Ecosystem Services is the first comprehensive exploration of the status and future of natural capital and ecosystem services in American law and policy. The book develops a framework for thinking about ecosystem services across their ecologic, geographic, economic, social, and legal dimensions and evaluates the prospects of crafting a legal infrastructure that can help build an ecosystem service economy that is as robust as existing economies for manufactured goods, natural resource commodities, and human-provided services. The book examines the geographic, ecological, and economic context of ecosystem services and provides a baseline of the current status of ecosystem services in law and society. It identifies shortcomings of current law and policy and the critical areas for improvement and forges an approach for the design of new law and policy for ecosystem services.

Included are a series of nine empirical case studies that explore the problems caused by society’s failure to properly value natural capital. Among the case study topics considered are water issues, The Conservation Reserve Program, the National Conservation Buffer Initiative, the agricultural policy of the European Union, wetland mitigation, and pollution trading.

The Law and Policy of Ecosystem Services is a groundbreaking look at the question of whether and how law and policy can shape a sustainable system of ecosystem service management. It is an accessible and informative work for faculty, students, and policy makers concerned with ecology, economics, geography, political science, environmental studies, law, and related fields.

Citation

J.B. Ruhl, Steven Kraft, Christopher Lant, The Law and Policy of Ecosystem Services (Island Press, 2007)

Book

The Law and Policy of Ecosystem Services

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Why green growth is impossible (N. Schoon)

Author

Nick Schoon

Keywords

Economic development; Environmental impact; Sustainable development

Abstract

Considers a report by the Sustainable Development Commission, entitled Prosperity Without Growth? The Transition to a Sustainable Economy, arguing that the separation of economic growth from the over-exploitation of natural resources and environmental degradation is failing, and stating that economic growth in developed countries like the UK should cease but continue in developing ones to lift populations out of poverty. Proposes steps for a sustainable UK economy through building a sustainable macroeconomy, protecting capabilities for people to thrive and respecting ecological limits.

Citation

(2009) 411 ENDS Report 36-39

Paper

Why green growth is impossible

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Evaluating and regulating the impacts of lobbying in the EU?…green industries (G.T. Svendsen)

Author

Gert Tinggaard Svendsen

Keywords

Environment; European Union; Lobbying; Organic farming; Regulation; Wind turbines

Abstract

Examines the problem of hidden lobbying in the EU. Presents case studies involving wind turbine manufacturers and organic farmers, and suggests that small groups have the advantage over larger groups in the area of lobbying. Advocates the regulation of lobbying, as in the US .

Citation

(2011) 21(2) Environmental Policy and Governance 131-142

Paper

Evaluating and regulating the impacts of lobbying in the EU? The case study of green industries

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