scholarly journals TOWARDS JUDICIAL COORDINATION FOR GOOD WATER GOVERNANCE?

2018 ◽  
Vol 67 (4) ◽  
pp. 931-959
Author(s):  
Virginie Barral
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Public Engagement ◽  
Water Governance ◽  
Environmental Rights ◽  
Current Trends ◽  
Protection Systems ◽  
The Right ◽  
Cross Fertilization

AbstractThis article explores the procedural environmental rights practice of regional human rights and environmental protection systems through a comparative lens in order to identify the ways in which existing developments and current trends can inform and enrich the procedural dimension of the right to water. The study suggests that enhanced levels of transparency, public engagement and justiciability in water-related decisions are significant steps towards the achievement of the substantive dimension of the right to water and highlights the potential for cross-fertilization between such regimes towards good water governance.

Giving effect to the human right to a clean environment in Botswana

2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze
Keyword(s):  
Environmental Protection ◽  
The State ◽  
Human Right ◽  
Environmental Rights ◽  
Environmental Deterioration ◽  
Clean Environment ◽  
The World ◽  
The Right

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.

scholarly journals The day after: Protecting the human rights affected by environmental challenges after the EU accession to the European Convention on Human Rights

2018 ◽  
Vol 20 (4) ◽  
pp. 213-224 ◽  
Author(s):  
Irene Antonopoulos
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
European Convention ◽  
The European Union ◽  
Environmental Rights ◽  
Environmental Challenges ◽  
Court Of Justice ◽  
Environmental Protection Policies ◽  
The Eu

This article explores whether a potential accession of the European Union to the European Convention on Human Rights, offers a more effective method of protection for ‘environmental human rights’: those rights whose enjoyment is allegedly affected by environmental challenges. The European Court of Human Rights has decided on claims of alleged violations of human rights by both environmental degradation and the enforcement of environmental protection policies implementing EU environmental law. On the other hand, the capacity of the Court of Justice of the European Union to decide on human rights issues has been repeatedly challenged, while the inability of the Court to protect procedural (environmental) rights when it came to NGOs, allows for challenging the capacity of the Court of Justice of the European Union to protect substantive (environmental) rights as well. Will an accession mean that applicants will be able to bring claims for alleged violations, caused by the enforcement of EU generated environmental protection policies, against the EU Institutions rather than the enforcing State? This article follows the relevant developments towards the accession, and consequently seeks to determine how the day after the accession will look for the protection of human rights affected by environmental challenges.

scholarly journals Human Rights Approach in Environment Law Enforcement based on Law Number 23/2009

2019 ◽  
Vol 8 (10) ◽  
pp. e458101417
Author(s):  
Lanny Ramli
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Healthy Life ◽  
Administrative Punishment ◽  
The Right ◽  
Court Processing

Individual has the same rights to have prosperity life including the right to have healthy life. In this research, the objective of the study is to discuss about the enforcement of environmental law based on Law Number 32 of 2009 about Environmental Protection and Management based on a human rights. Using The results found that the administrative punishment is a quick way and appropriate to stop the violation in environment. It is due to the punishment is given without going through court processing. Administrative punishment is referred to the violation not to the person. In addition, imposition of administrative punishment is not aimed to punish the violator, but it is more concern to the recovery the situation (reparatoir).

scholarly journals O “ESVERDEAMENTO” DA CONVENÇÃO EUROPEIA DE DIREITOS HUMANOS: VÍCIOS E VIRTUDES / THE “GREENING” OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS: VICES AND VIRTUES

2017 ◽  
Vol 22 (3) ◽  
pp. 169
Author(s):  
José Adércio Leite Sampaio
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Family Life ◽  
European Convention ◽  
European Court ◽  
The Right

Não há uma previsão expressa do direito ao meio ambiente equilibrado na Convenção Europeia de Direitos Humanos (CEDH). Sem embargo, há diversas normas e políticas destinadas a promover em toda Europa uma proteção ambiental. A Corte Europeia de Direitos Humanos, embora não o reconheça como um direito implícito na CEDH, tem-se valido dos direitos expressamente nela previstos, sobretudo do direito ao respeito à vida privada e familiar, para afirmar-lhe, de modo reflexo, a proteção. É o que tem sido chamado de “ecologização” ou “esverdeamento” da Convenção Europeia. Embora esse entendimento apresente seus problemas, tem sido um instrumento que, progressivamente, amplia a proteção daquele direito, tanto em seu aspecto substantivo, quanto em sua dimensão processual. There is no express right to a balanced environment in the European Convention on Human Rights (ECHR). Nevertheless, there are several rules and policies to promote the environmental protection throughout Europe. Although not recognizing it as an implicit right in the ECHR, the European Court of Human Rights has been making use of the rights provided therein, particularly the right to respect for private and family life, to affirm it reflexively. It is what has been called “greening” of the European Convention. This understanding presents its problems, but it has been an instrument that progressively extends the protection of that right, both in its substantive aspect, and in its procedural dimension.

scholarly journals International legal regulation of the right to adequate environment

2003 ◽  
Vol 55 (1) ◽  
pp. 89-103
Author(s):  
Vid Vukasovic
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Well Being ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
International Treaties ◽  
Aarhus Convention ◽  
The Right ◽  
The Eu

The article deals with some key issues concerning the evolution of the concept of the right to adequate environment. The evolution took several decades to reach the present state in which it is obvious that the right has been accepted as one of the so called third generation human rights by both doctrine and practice, in international environmental law as well as in national environmental legislation of a number of countries. In the first phase of development only some elements of the right existed within the ?classical? human rights (the right to life, the right to health etc.) of so called first and second generation. The turning point was the UN Stockholm 1972 Conference on the environment. The right was inserted in the first principle, of the Declaration accepted by the conference, and already had most of its main elements: the right to adequate living conditions in an environment with the quality that not only guarantees healthy life but a life in dignity and well-being. After the Stockholm Conference, the right was embraced by a part of the doctrine, and increasingly mentioned and discussed within the frame of the UNEP, the relevant UN specialized agencies, as well as by some other international organizations active in the field of environmental protection. The result of this acceptance was an increasing insertion of the right in international treaties as well as in various declaratory documents, on both universal and regional levels. The author devotes a part of his article to the development in Europe, and especially to the work of the Council of Europe, the UN Economic Commission for Europe (UNECE) and the EU. The author believes that most important development in Europe occurred within the ?Environment for Europe Process?, under the aegis of the UNECE. The result of it was signing of the Aarhus Convention (1998), one of most important international treaties signed until now. First of all, it regulates two important fields - protection of human rights and protection of environment. In it not only the right to adequate environment is explicitly mentioned in the Art. 1, but the main elements of the right are regulated in detail. The three ?pillars? of the Convention are devoted to the right to environmental information, the right of citizens to participate in environmental matters and the right to access to justice in matters concerning the environmental protection. It should be added that the Aarhus Convention has become a part of the EU legislation. Due to that, the whole process of implementation of the convention has become unavoidable for all candidate countries, as a proof of their intent to apply in practice environmental legislation and to democratise their societies.

Environment protection and Human Rights: The urban environment in International Courts of Human Rights

2021 ◽  
Vol 23 (130) ◽  
pp. 292-315
Author(s):  
Mariane Morato Stival ◽  
Sandro Dutra e Silva
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Urban Environment ◽  
Urban Context ◽  
Healthy Environment ◽  
Regional Systems ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

This article is about the relation between environmental protection and human rights. The right to healthy environment is directly related to the right to life, in its meaning quality of life. The right to the environment has been analyzed in an indirect and reflexive way in regional systems for the protection of human rights. The purpose of this study is to analyze the right to the urban environment in the jurisprudence of the Inter-American and European human Rights Systems. In the methodological context, the analysis will be made of the theory and international legislation of these regional systems on the environment, the jurisprudence analysis of the Inter-American Court of Human Rights, and the European Court of Human Rights on the urban environment. Possible contributions will be made by the European Court to the Inter-American Court of Human Rights for the extension of environmental protection in the urban context.

PECULIARITIES OF GUARANTEES OF REALIZATION OF ECOLOGICAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS IN UKRAINE: QUESTIONS OF THEORY

2017 ◽  
Author(s):  
Halyna Pryshliak ◽  
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Full Range ◽  
International Standards ◽  
Soviet Society ◽  
The European Union ◽  
Environmental Rights ◽  
Economic Rights ◽  
National Legislation ◽  
The Right

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.

5. Non-State Actors: Environmental Rights, Liability, and Crimes

2021 ◽  
pp. 282-355
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Law ◽  
Environmental Problems ◽  
Environmental Rights ◽  
Environmental Disputes ◽  
Alternative Approaches ◽  
Polluter Pays Principle ◽  
International Legal System

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

THE INTEGRATION OF ENVIRONMENTAL PROTECTION CONSIDERATIONS WITHIN THE HUMAN RIGHTS LAW REGIME: WHICH SOLUTIONS HAVE BEEN PROVIDED BY REGIONAL HUMAN RIGHTS COURTS?

2015 ◽  
Vol 24 (1) ◽  
pp. 191-218
Author(s):  
Marie-Catherine Petersmann
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Law ◽  
Case Law ◽  
Analytical Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Environmental Rights ◽  
Hierarchical Relationship ◽  
Legal Regimes

This contribution aims to identify the numerous conflicts that arise between environmental protection regulations and specific human rights. By focusing on the case law of regional human rights mechanisms, it highlights the “positive” and the “negative” integration of international environmental law (IEL) within the human rights law (HRL) regime. It argues that these supposedly separate bodies of law are in reality intertwined. The case law analysis of the negative integration of IEL within the HRL regime teaches us that HRL adjudicators have done more than neutrally measure conformity of environmental protection regulations with the HRL regime. While some cases add specific procedural requirements to these environmental protection regulations – Xàkmok Kàsek case – others establish a hierarchy between IEL and HRL – Fredin and Turgut cases – and yet others engage in defining and arguably even producing environmental rights – Herrick and Chapman cases. This contribution provides specific insights into how regional human rights adjudicators resolve conflicts and what consequences result from the judicial techniques in terms of both the content of the respective legal regimes and their hierarchical relationship. It argues that both content and implementation of IEL cannot be understood without integrating HRL adjudicators into the analytical framework.

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