Tag Archives: international court of justice

International Legal Protection for Victims of Environmental Abuse (M.L. Schwartz)

Author(s)

Michelle Leighton Schwartz

Keywords

Human Rights, Right to life, Rights of indigenous peoples, procedural human rights, human right to a healthy environment, environmental refugees, desertification, flooding, international finance institutions, International Court of Justice, International Labour Organisation

Excerpt

Environmental disasters are increasing. They often result from human activities, such as the disposal of toxic chemicals, the generation of power, and the exploitation of oil. Mismanagement of natural resources has caused severe watershed erosion, desertification and atmospheric pollution which, in turn, have seriously impaired human life. Although the human suffering associated with environmental destruction is growing, international and regional human rights institutions have yet to clarify the obligations of governments to protect and provide remedies for these victims. This paper seeks to inspire such clarification and suggests legal and institutional reforms toward that end.

Citation

(1993) 18 Yale Journal of International Law 355

Paper

International Legal Protection for Victims of Environmental Abuse

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Can the human rights bodies be used to produce interim measures to protect environment… (S. Leroy)

Author

Severine Fiorletta Leroy

Keywords

Human rights and the environment; environmental justice; interim measures; precautionary principle; International Tribunal for the Law of the Sea: International Cout of Justice

Abstract

International environmental law does not protect individuals as such. On the other hand, human rights do not formally encompass the right to a healthy environment. This article argues that human rights bodies are suitable forums to protect environment-related human rights. They can do so by producing interim measures to prevent States’ actions or inactions towards the environment from infringing on human rights, even if the harmful character of those actions is uncertain. It is demonstrated that the recourse to the precautionary principle is possible to achieve such anticipatory protection and is supported by recent developments in the International Tribunal for the Law of the Sea and the International Court of Justice. In particular, the article shows that human rights bodies can develop interrelationships and interdependency between rights of different normative values in different areas of international law that will lead to equitable interim measures prescribing positive obligations that are reasonable and appropriate.

Citation

(2006) 15(1) Review of European Community and International Enviromental Law, 66-81.

Paper

Can the human rights bodies be used to produce interim measures to protect environment-related human rights?

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