Human rights, environment, procedure, ECHR, Aarhus Convention, judicial review, costs
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 and the Human Rights Act in engaging with environmental claims before the courts. Further discussion focuses on the development of specifically environmental rights based regimes, in particular, the Aarhus Convention and the EU provisions that partially implement it and their application in domestic law.
(2010) 1 Journal of Human Rights and the Environment 66