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Environmental Protection And Human Rights

Author: Donald K. Anton
Publisher: Cambridge University Press
ISBN: 1139498525
Size: 56.79 MB
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With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Environmental Protection And The European Convention On Human Rights

Author: Daniel I. García San José
Publisher: Council of Europe
ISBN: 9287156980
Size: 63.51 MB
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Recent years have seen a growing awareness of the environment as something to be protected, rather than taken for granted. But is there a "human right to the environment"? The European Convention on Human Rights and additional protocols do not cover any environmental rights or any interest in the preservation of the environment. Nevertheless, as the European Court has said, the Convention is a "living instrument", which has shown itself capable of adapting with the times; and today, some analysts see in the Court's case law a tendency to interpret certain provisions of the Convention as affording at least a degree of environmental protection. In this study, Daniel Garcâa San Josâ surveys the relevant case law, and examines the dualistic approach of judicial activism and self-restraint which has guided the decisions in this area. He concludes that there is no creation of a new right, but an evolving perception of the environmental dimension of some Convention provisions.

Environment Human Rights And International Trade

Author: Hart Publishing Hart Publishing
Publisher: Hart Publishing
ISBN: 1841132179
Size: 36.26 MB
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After the completion of the Uruguay Round and the adoption of the 1994 agreement establishing the WTO, the place of international trade in the context of the international legal order has radically changed. International trade law has become a subject of wide-spread interest, cutting across traditional boundaries, and engaging diverse political and legal concerns. One consequence of this development is increasing concern with the legitimacy of the WTO process, which in turn has led to the WTO becoming the focus of rancorous protest by, among others, environmental NGOs, trade unions, and human rights activists. This collection of essays by leading scholars and lawyers engaged in the policy-making process addresses the underlying tensions and dilemmas of the WTO process and its impact upon the environment and human rights in particular. The contributors search for a balance between, on the one hand, legitimate free trade interests and, on the other, the role and limits of unilateral measures as an instrument to protect non-commercial values. The essays thus range over a host of topical questions, including: trade in GMOs, biosafety in intellectual property rights, technology transfer and environmental protection, trade and labor rights, child labor standards, the EU and WTO, and many other topics.

Balancing Human Rights Environmental Protection And International Trade

Author: Emily Reid
Publisher: Bloomsbury Publishing
ISBN: 1782252525
Size: 14.61 MB
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This book explores the means by which economic liberalisation can be reconciled with human rights and environmental protection in the regulation of international trade. It is primarily concerned with identifying the lessons the international community can learn, specifically in the context of the WTO, from decades of European Community and Union experience in facing this question. The book demonstrates first that it is possible to reconcile the pursuit of economic and non-economic interests, that the EU has found a mechanism by which to do so, and that the application of the principle of proportionality is fundamental to the realisation of this. It is argued that the EU approach can be characterised as a practical application of the principle of sustainable development. Secondly, from the analysis of the EU experience, this book identifies fundamental conditions crucial to achieving this 'reconciliation'. Thirdly, the book explores the implications of lessons from the EU experience for the international community. In so doing it assesses both the potential and limits of the existing international regulatory framework for such reconciliation. The book develops a deeper understanding of the inter-relationship between the legal regulation of economic and non-economic development, adding clarity to the debate in a controversial area. It argues that a more holistic approach to the consideration of 'development', encompassing economic and non-economic concerns - 'sustainable' development - is not only desirable in principle but realisable in practice.

Human Rights Approaches To Environmental Protection

Author: Alan E. Boyle
Publisher: Oxford University Press on Demand
ISBN: 9780198267898
Size: 33.72 MB
Format: PDF, ePub
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This collection of essays explores links between the environment and human rights, and responds to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law, and on the proposals for a human rightto a satisfactory environment. The collection is an original and timely contribution to the existing literature on this subject, and offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights. The conceptual dimensions are particularly rich,raising fundamental questions concerning the human/environment relationship as well as more general issues regarding the form, content and limitations of international and domestic human rights law. The first part of the book deals mainly with the protection of the environment in international humanrights law and EC law, while part two concentrates on problems and experience in developing countries, some of which have already incorporated environmental rights and international constitutional law and from which a growing jurisprudence has emerged. This is where at present human rightsapproaches seem to be of greatest value. Each chapter is written by an author well qualified in the field. The volume will have a wide appeal to anyone interested in environmental law and human rights.

Human Rights And The Environment

Author: Linda Hajjar Leib
Publisher: Martinus Nijhoff Publishers
ISBN: 9004188649
Size: 76.87 MB
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The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.

A Guide To International Environmental Law

Author: Alexandre Charles Kiss
Publisher: BRILL
ISBN: 1571053441
Size: 14.43 MB
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"Guide to International Environmental Law" addresses why and how the international system elaborates environmental obligations and monitors compliance with them. The book discusses the relationship between international obligations and national and local law, with particular reference to federal systems. It points out the influence national law has on the emergence of international law and the growing role international norms play in the development and enforcement of national and local environmental policies. It also examines the extent to which environmental protection should be and is taken into account in other regulatory frameworks, from trade law and human rights to disarmament and refugee policy.

Human Rights And The Environment

Author: Svitlana Kravchenko
Publisher:
ISBN:
Size: 41.77 MB
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Increasingly, environmental rights are being recognized as enforceable human rights, both substantive and procedural. Environmental law can no longer be viewed merely as a matter for policy choices in legislation. This new casebook shows how international and national court cases in Europe, Africa, Asia, and the Americas have begun to interpret treaties, national constitutions, and human rights legislation to protect the environment through the recognition of rights. For the first time, these rich developments are brought together in a book suitable as a primary text for classes and seminars.